Letter to Department of Education: Advocacy Advises Agency to Conduct Small Entity Analysis of Proposal to Amend Sexual Harassment Rules in Education Programs Receiving Federal Financial Assistance

The U.S. Small Business Administration’s Office of Advocacy (Advocacy) respectfully submits the following comments in response to the Department of Education’s (Department) November 29, 2018 notice of proposed rulemaking entitled “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance.” Advocacy is concerned that the Department has relied upon an inappropriate size standard to perform the economic analysis required by the Regulatory Flexibility Act (RFA), and that there are certain deficiencies in the Initial Regulatory Flexibility Analysis (IRFA) required by the RFA. Advocacy recommends that the Department reconsider this rulemaking in order to consult with our office on the appropriate definition for small entities and the required elements of an IRFA.

Comment Letter

Fact Sheet