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Administrative Law Keyed to Popper
De La Mota v. United States Department of Education
Citation:
412 F.3d 71 (2005)Facts
The plaintiffs, Marisol De La Mota, Froebel Chungata, and Oren Doron, were attorneys employed by New York City’s Administration for Children’s Services (ACS). De La Mota and Chungata worked in the Child Support Litigation Unit, securing financial support for children in low-income families by litigating paternity and child support actions. Doron worked in the Division of Legal Services, prosecuting child abuse and neglect cases on behalf of low-income children. Each plaintiff applied for cancellation of their Perkins Loans under a provision of the Higher Education Act that authorized cancellation for borrowers “providing, or supervising the provision of, services to high-risk children who are from low-income communities and the families of such children.” The Department of Education, through handbooks and informal communications, interpreted this provision to require that services be provided “only,” “directly,” and “exclusively” to high-risk children. Based on this interpretation, the DOE advised the plaintiffs’ lending institutions to deny their applications for loan cancellation, reasoning that as attorneys, they provided services to New York City rather than directly to children.
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