No. of Recommendations: 3
From what I know, that isn't what is happening. As you say, they have to abide by the APA. Perhaps the latest EO directs them to do that? If so, then it likely is legal (if stupid).Yes, it directs them to do that. These things go through at least one pass through legal, after all. The EO, like most of the ones he's issued, contains boilerplate language that has the following:
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.whitehouse.gov - Improving education outcomes by empowering parents states and communitiesThe Department will probably take a maximalist position on what they're allowed to change without having to go through APA rulemaking, but the EO itself doesn't excuse them from whatever the APA requires. So it's probably perfectly legal, because it's appropriately caveated.
