The Office for Civil Rights (OCR) in the Department of Education has long been known for its tendency to overstep in its rulemaking. Many federal agencies are tempted to avoid the notice-and-comment requirements of the Administrative Procedures Act (APA) by fabricating administrative law in the form of “clarifications” and “guidance”—but no agency has succumbed to that temptation more than OCR. As Shep Melnick has pointed out (see “Rethinking Federal Regulation of Sexual Harassment,” features, Winter 2018), OCR has used “Dear Colleague” letters (DCLs) to rewrite Title IX and wade into hot-button issues such as bathroom access for transgender students, school resources, and racial disparities in school discipline. In fact, playing fast and loose with administrative procedures seems to be part of the office’s DNA. When OCR was first obligated to create rules for enforcing Title VI of the Civil Rights Act of 1964, it published them not in the Federal Register but in TheSaturday Review of Literature.