(e) Explanation and Assurances.--Any written response by the Secretary under subsection (d) regarding a policy, question, or interpretation under part B shall include an explanation in the written response that--
(1) such response is provided as informal guidance and is not legally binding;
(2) when required, such response is issued in compliance with the requirements of section 553 of title 5, United States Code; and
(3) such response represents the interpretation by the Department of Education of the applicable statutory or regulatory requirements in the context of the specific facts presented.
