USC Subchapter II

USC Subchapter II
in effect

20 U.S.C. § 3411 Establishment of Department; appointment of Secretary

There is established an executive department to be known as the Department of Education. The Department shall be administered, in accordance with the provisions of this chapter, under the supervision and direction of a Secretary of Education. The Secretary shall be appointed by the President, by and with the advice and consent of the Senate.

20 U.S.C. § 3412 Principal officers

(a) Deputy Secretary of Education(1) There shall be in the Department a Deputy Secretary of Education who shall be appointed by the President, by and with the advice and consent of the Senate. During the absence or disability of the Secretary, or in the event of a vacancy in the office of the Secretary, the Deputy Secretary shall act as Secretary. The Secretary shall designate the order in which other officials of the Department shall act for and perform the functions of the Secretary during the absence or disability of both the Secretary and Deputy Secretary or in the event of vacancies in both of those offices. (2)(A) The Deputy Secretary shall have responsibility for the conduct of intergovernmental relations of the Department, including assuring (i) that the Department carries out its functions in a manner which supplements and complements the education policies, programs, and procedures of the States and the local school systems and other instrumentalities of the States, and (ii) that appropriate officials of the Department consult with individuals responsible for making policy relating to education in the States and the local school systems and other instrumentalities of the States concerning differences over education policies, programs, and procedures and concerning the impact of the rules and regulations of the Department on the States and the local school systems and other instrumentalities of the States. (B) Local education authorities may inform the Deputy Secretary of any rules or regulations of the Department which are in conflict with another rule or regulation issued by any other Federal department or agency or with any other office of the Department. If the Deputy Secretary determines, after consultation with the appropriate Federal department or agency, that such a conflict does exist, the Deputy Secretary shall report such conflict or conflicts to the appropriate Federal department or agency together with recommendations for the correction of the conflict. (b) Assistant Secretaries and General Counsel(1) There shall be in the Department—(A) an Assistant Secretary for Elementary and Secondary Education; (B) an Assistant Secretary for Postsecond­ary Education; (C) an Assistant Secretary for Career, Technical, and Adult Education; (D) an Assistant Secretary for Special Education and Rehabilitative Services; (E) an Assistant Secretary for Civil Rights; and (F) a General Counsel. (2) Each of the Assistant Secretaries and the General Counsel shall be appointed by the President, by and with the advice and consent of the Senate. (3) There shall be in the Department, a Special Assistant for Gender Equity who shall be appointed by the Secretary. The Special Assistant shall promote, coordinate, and evaluate gender equity programs, including the dissemination of information, technical assistance, and coordination of research activities. The Special Assistant shall advise the Secretary and Deputy Secretary on all matters relating to gender equity. (4) There shall be in the Department a Director of the Institute of Education Sciences who shall be appointed in accordance with section 114(a) of the Education Sciences Reform Act of 2002 [20 U.S.C. 9514(a)] and perform the duties described in that Act [20 U.S.C. 9501 et seq.]. (c) Inspector GeneralThere shall be in the Department an Inspector General appointed in accordance with chapter 4 of title 5. (d) Under Secretary of EducationThere may be in the Department an Under Secretary of Education who shall perform such functions as the Secretary may prescribe. The Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate. (e) Additional officersThere shall be in the Department four additional officers who shall be appointed by the President, by and with the advice and consent of the Senate. Notwithstanding the previous sentence, the appointments of individuals to serve as the Assistant Secretary for Management shall not be subject to the advice and consent of the Senate. The officers appointed under this subsection shall perform such functions as the Secretary shall prescribe, including—(1) congressional relations functions; (2) public information functions, including the provision, through the use of the latest technologies, of useful information about education and related opportunities to students, parents, and communities; (3) functions related to monitoring parental and public participation in programs where such participation is required by law, and encouraging the involvement of parents, students, and the public in the development and implementation of departmental programs; (4) management and budget functions; (5) planning, evaluation, and policy development functions, including development of policies to promote the efficient and coordinated administration of the Department and its programs and to encourage improvements in education; and (6) functions related to encouraging and promoting the study of foreign languages and the study of cultures of other countries at the elementary, secondary, and postsecondary levels. (f) Statements of functions of nomineesWhenever the President submits the name of an individual to the Senate for confirmation as an officer of the Department under this section, the President shall state the particular functions of the Department such individual will exercise upon taking office. (g) Supervision by SecretaryEach officer of the Department established under this section shall report directly to the Secretary and shall, in addition to any functions vested in or required to be delegated to such officer, perform such additional functions as the Secretary may prescribe. (h) Coordination of literacy related functions by Assistant Secretary for Career, Technical, and Adult EducationThe Assistant Secretary for Career, Technical, and Adult Education, in addition to performing such functions as the Secretary may prescribe, shall have responsibility for coordination of all literacy related programs and policy initiatives in the Department. The Assistant Secretary for Career, Technical, and Adult Education shall assist in coordinating the related activities and programs of other Federal departments and agencies. (i) Liaison for Community and Junior Colleges(1) There shall be in the Department a Liaison for Community and Junior Colleges, who shall be an officer of the Department appointed by the Secretary. (2) The Secretary shall appoint, not later than 6 months after July 23, 1992, as the Liaison for Community and Junior Colleges a person who—(A) has attained an associate degree from a community or junior college; or (B) has been employed in a community or junior college setting for not less than 5 years. (3) The Liaison for Community and Junior Colleges shall—(A) serve as principal advisor to the Secretary on matters affecting community and junior colleges; (B) provide guidance to programs within the Department dealing with functions affecting community and junior colleges; and (C) work with the Federal Interagency Committee on Education to improve coordination of—(i) the outreach programs in the numerous Federal departments and agencies that administer education and job training programs; (ii) collaborative business education partnerships; and (iii) education programs located in, and regarding, rural areas.

20 U.S.C. § 3413 Office for Civil Rights

(a) Establishment; administration; delegation of functionsThere shall be in the Department an Office for Civil Rights, to be administered by the Assistant Secretary for Civil Rights appointed under section 3412(b) of this title. Notwithstanding the provisions of section 3472 of this title, the Secretary shall delegate to the Assistant Secretary for Civil Rights all functions, other than administrative and support functions, transferred to the Secretary under section 3441(a)(3) of this title. (b) Compliance and enforcement reports; copies submitted to Secretary(1) The Assistant Secretary for Civil Rights shall make an annual report to the Secretary, the President, and the Congress summarizing the compliance and enforcement activities of the Office for Civil Rights and identifying significant civil rights or compliance problems as to which such Office has made a recommendation for corrective action and as to which, in the judgment of the Assistant Secretary, adequate progress is not being made. (2) Notwithstanding any other provision of law, the report required by paragraph (1) shall be transmitted to the Secretary, the President, and the Congress by the Assistant Secretary for Civil Rights without further clearance or approval. The Assistant Secretary shall provide copies of the report required by paragraph (1) to the Secretary sufficiently in advance of its submission to the President and the Congress to provide a reasonable opportunity for comments of the Secretary to be appended to the report. (c) Authority of Assistant SecretaryIn addition to the authority otherwise provided under this section, the Assistant Secretary for Civil Rights, in carrying out the provisions of this section, is authorized—(1) to collect or coordinate the collection of data necessary to ensure compliance with civil rights laws within the jurisdiction of the Office for Civil Rights; (2) to select, appoint, and employ such officers and employees, including staff attorneys, as may be necessary to carry out the functions of such Office, subject to the provisions of title 5 governing appointments in the competitive service and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; (3) to enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private organizations and persons, and to make such payments as may be necessary to carry out the compliance and enforcement functions of such Office; and (4) notwithstanding any other provision of this chapter, to obtain services as authorized by section 3109 of title 5 at a rate not to exceed the equivalent daily rate payable for grade GS–18 of the General Schedule under section 5332 of such title.

20 U.S.C. § 3414 Office of Elementary and Secondary Education; inclusion of Office of Migrant Education

There shall be in the Department an Office of Elementary and Secondary Education, to be administered by the Assistant Secretary for Elementary and Secondary Education appointed under section 3412(b) of this title. The Assistant Secretary shall administer such functions affecting elementary and secondary education, both public and private, as the Secretary shall delegate. There shall be within the Office of Elementary and Secondary Education and directly under the supervision of the Assistant Secretary for Elementary and Secondary Education, an Office of Migrant Education, which shall be responsible for the administration of programs established by part C of title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6391 et seq.] and by subpart 5 of part A of title IV of the Higher Education Act of 1965 [20 U.S.C. 1070d–2].

20 U.S.C. § 3415 Office of Postsecondary Education

(a) There shall be in the Department an Office of Postsecondary Education, to be administered by the Assistant Secretary for Postsecondary Education appointed under section 3412(b) of this title. The Assistant Secretary shall administer such functions affecting postsecondary education, both public and private, as the Secretary shall delegate, and shall serve as the principal adviser to the Secretary on matters affecting postsecondary education. (b) The Assistant Secretary for Postsecondary Education shall appoint a Deputy Assistant Secretary for International and Foreign Language Education to perform such functions affecting postsecondary, international, and foreign language education as the Secretary may prescribe. The Deputy Assistant Secretary for International and Foreign Language Education shall—(1) be an individual with extensive background and experience in international and foreign language education; (2) have responsibility for encouraging and promoting the study of foreign languages and the study of the cultures of other countries at the elementary, secondary, and postsecondary levels in the United States; and (3) coordinate with related international and foreign language education programs of other Federal agencies.

20 U.S.C. § 3416 Office of Career, Technical, and Adult Education

There shall be in the Department an Office of Career, Technical, and Adult Education, to be administered by the Assistant Secretary for Career, Technical, and Adult Education appointed under section 3412(b) of this title. The Assistant Secretary shall administer such functions affecting career, technical, and adult education as the Secretary shall delegate, and shall serve as principal adviser to the Secretary on matters affecting career, technical, and adult education. The Secretary, through the Assistant Secretary, shall also provide a unified approach to rural education and rural family education through the coordination of programs within the Department and shall work with the Federal Interagency Committee on Education to coordinate related activities and programs of other Federal departments and agencies.

20 U.S.C. § 3417 Office of Special Education and Rehabilitative Services

There shall be in the Department an Office of Special Education and Rehabilitative Services, to be administered by the Assistant Secretary for Special Education and Rehabilitative Services appointed under section 3412(b) of this title. Notwithstanding the provisions of section 3472 of this title, the Secretary shall delegate to the Assistant Secretary all functions, other than administrative and support functions, transferred to the Secretary under sections 3441(a)(1) of this title (with respect to the bureau for the education and training of the handicapped), 3441(a)(2)(H) of this title, and 3441(a)(4) of this title.

20 U.S.C. § 3419 Institute of Education Sciences

There shall be in the Department of Education the Institute of Education Sciences, which shall be administered in accordance with the Education Sciences Reform Act of 2002 [20 U.S.C. 9501 et seq.] by the Director appointed under section 114(a) of that Act [20 U.S.C. 9514(a)].

20 U.S.C. § 3420 Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students

There shall be in the Department an Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students, to be administered by a Director of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students, who shall be appointed by the Secretary. The Director shall coordinate the administration of bilingual education programs by the Department and shall consult with the Secretary concerning policy decisions affecting bilingual education and minority languages affairs. The Director shall report directly to the Secretary, and shall perform such additional functions as the Secretary may prescribe.

20 U.S.C. § 3421 Office of General Counsel

There shall be in the Department an Office of General Counsel, to be administered by the General Counsel appointed under section 3412(b) of this title. The General Counsel shall provide legal assistance to the Secretary concerning the programs and policies of the Department.

20 U.S.C. § 3422 Office of Inspector General

There shall be in the Department an Office of Inspector General, established in accordance with chapter 4 of title 5.

20 U.S.C. § 3423a Office of Correctional Education

(a) FindingsThe Congress finds and declares that—(1) education is important to, and makes a significant contribution to, the readjustment of incarcerated individuals to society; and (2) there is a growing need for immediate action by the Federal Government to assist State and local educational programs for criminal offenders in correctional institutions. (b) Statement of purposeIt is the purpose of this subchapter to encourage and support educational programs for criminal offenders in correctional institutions. (c) Establishment of OfficeThe Secretary of Education shall establish within the Department of Education an Office of Correctional Education. (d) Functions of OfficeThe Secretary, through the Office of Correctional Education established under subsection (c) of this section, shall—(1) coordinate all correctional education programs within the Department of Education; (2) provide technical support to State and local educational agencies and schools funded by the Bureau of Indian Affairs on correctional education programs and curricula; (3) provide an annual report to the Congress on the progress of the Office of Correctional Education and the status of correctional education in the United States; (4) cooperate with other Federal agencies carrying out correctional education programs to ensure coordination of such programs; (5) consult with, and provide outreach to, State directors of correctional education and correctional educators; and (6) collect from States a sample of information on the number of individuals who complete a vocational education sequence, earn a high school degree or general equivalency diploma, or earn a postsecondary degree while incarcerated and the correlation with job placement, job retention, and recidivism. (e) DefinitionsAs used in this section—(1) the term “criminal offender” means any individual who is charged with or convicted of any criminal offense, including a youth offender or a juvenile offender; (2) the term “correctional institution” means any—(A) prison, (B) jail, (C) reformatory, (D) work farm, (E) detention center, or (F) halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders; and (3) the term “State educational agency” means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.

20 U.S.C. § 3423b Office of Non-Public Education

There shall be in the Department an Office of Non-Public Education to ensure the maximum potential participation of non-public school students in all Federal educational programs for which such students are eligible.

20 U.S.C. § 3423c Office of Indian Education

(a) Office of Indian EducationThere shall be an Office of Indian Education (referred to in this section as “the Office”) in the Department of Education. (b) Director(1) Appointment and reportingThe Office shall be under the direction of the Director, who shall be appointed by the Secretary and who shall report directly to the Assistant Secretary for Elementary and Secondary Education. (2) DutiesThe Director shall—(A) be responsible for administering part A of title VI of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7401 et seq.]; (B) be involved in, and be primarily responsible for, the development of all policies affecting Indian children and adults under programs administered by the Office of Elementary and Secondary Education; (C) coordinate the development of policy and practice for all programs in the Department relating to Indian persons; and (D) assist the Assistant Secretary of the Office of Educational Research and Improvement in identifying research priorities related to the education of Indian persons. (c) Indian preference in employment(1) In generalThe Secretary shall give a preference to Indian persons in all personnel actions in the Office. (2) ImplementationSuch preference shall be implemented in the same fashion as the preference given to any veteran under section 45 of title 25.

20 U.S.C. § 3423d Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students

(a) EstablishmentThere shall be, in the Department, an Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students through which the Secretary shall carry out functions relating to bilingual education. (b) Director(1) In generalThe Office shall be headed by a Director of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students, appointed by the Secretary, to whom the Secretary shall delegate all delegable functions relating to bilingual education. The Director shall also be assigned responsibility for recommending improvements and providing technical assistance to other Federal programs serving language-minority and limited-English-proficient students and their families and for assisting the Assistant Secretary of the Office of Educational Research and Improvement in identifying research priorities which reflect the needs of language-minority and limited-English language proficient students. (2) OrganizationThe Office shall be organized as the Director determines to be appropriate in order to carry out such functions and responsibilities effectively. (3) InclusionThe Secretary shall ensure that limited-English-proficient and language-minority students are included in ways that are valid, reliable, and fair under all standards and assessment development conducted or funded by the Department.

20 U.S.C. § 3424 Federal Interagency Committee on Education

(a) Establishment and functionThere is established a Federal Interagency Committee on Education (hereafter referred to in this section as the “Committee”). The Committee shall assist the Secretary in providing a mechanism to assure that the procedures and actions of the Department and other Federal departments and agencies are fully coordinated. (b) Coordination of Federal programs, policies and practicesThe Committee shall study and make recommendations for assuring effective coordination of Federal programs, policies, and administrative practices affecting education, including—(1) consistent administration and development of policies and practices among Federal agencies in the conduct of related programs; (2) full and effective communication among Federal agencies to avoid unnecessary duplication of activities and repetitive collection of data; (3) full and effective cooperation with the Secretary on such studies and analyses as are necessary to carry out the purposes of this chapter; (4) coordination of related programs to assure that recipients of Federal assistance are efficiently and responsively served; and (5) full and effective involvement and participation of students and parents in Federal education programs. (c) MembershipThe Committee shall be composed of the Secretary, who shall chair the Committee, and senior policy making officials from those Federal agencies, commissions, and boards that the President may find appropriate. (d) Designation of additional persons to attend meetingsThe Director of the Office of Management and Budget, the Chairman of the Council of Economic Advisers, the Director of the Office of Science and Technology Policy, and the Executive Director of the Domestic Policy Staff may each designate a staff member to attend meetings of the Committee. (e) Federal vocational education and training programs study; reportThe Committee shall conduct a study concerning the progress, effectiveness, and accomplishments of Federal vocational education and training programs, and the need for improved coordination between all federally funded vocational education and training programs. The Committee shall report the findings of such study to the Secretary and the Congress within two years of October 17, 1979. (f) Required meetings; establishment of subcommitteesThe Committee shall meet at least twice each year. The Secretary may establish subcommittees of the Committee to facilitate coordination in important areas of Federal activity. (g) Support assistanceThe Secretary and the head of each agency represented on the Committee under subsection (c) shall furnish necessary assistance to the Committee.

20 U.S.C. § 3425 Office of Educational Technology

(a) EstablishmentThere shall be in the Department of Education an Office of Educational Technology (hereafter in this section referred to as the “Office”), to be administered by the Director of Educational Technology. The Director of Educational Technology shall report directly to the Secretary and shall perform such additional functions as the Secretary may prescribe. (b) DirectorThe Director of the Office of Educational Technology (hereafter in this section referred to as the “Director”), through the Office, shall—(1) in support of the overall national technology policy and in consultation with other Federal departments or agencies which the Director determines appropriate, provide leadership to the Nation in the use of technology to promote achievement of the National Education Goals and to increase opportunities for all students to achieve State content and challenging State student performance standards; (2) review all programs and training functions administered by the Department and recommend policies in order to promote increased use of technology and technology planning throughout all such programs and functions; (3) review all relevant programs supported by the Department to ensure that such programs are coordinated with and support the national long-range technology plan developed pursuant to section 5862(b) 11 See References in Text note below. of this title; and (4) perform such additional functions as the Secretary may require. (c) Officers and employeesThe Director is authorized to select, appoint, and employ such officers and employees as may be necessary to carry out the functions of the Office, subject to the provisions of title 5 (governing appointments in the competitive service), and the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates). (d) Experts and consultantsThe Secretary may obtain the services of experts and consultants in accordance with section 3109 of title 5.

20 U.S.C. § 3426 Liaison for Proprietary Institutions of Higher Education

(a) EstablishmentThere shall be in the Department a Liaison for Proprietary Institutions of Higher Education, who shall be an officer of the Department appointed by the Secretary. (b) AppointmentThe Secretary shall appoint, not later than 6 months after October 7, 1998, a Liaison for Proprietary Institutions of Higher Education who shall be a person who—(1) has attained a certificate or degree from a proprietary institution of higher education; or (2) has been employed in a proprietary institution setting for not less than 5 years. (c) DutiesThe Liaison for Proprietary Institutions of Higher Education shall—(1) serve as the principal advisor to the Secretary on matters affecting proprietary institutions of higher education; (2) provide guidance to programs within the Department that involve functions affecting proprietary institutions of higher education; and (3) work with the Federal Interagency Committee on Education to improve the coordination of—(A) the outreach programs in the numerous Federal departments and agencies that administer education and job training programs; (B) collaborative business and education partnerships; and (C) education programs located in, and involving, rural areas.

20 U.S.C. § 3427 Coordinator for the outlying areas

(a) EstablishmentThe Secretary shall designate an office of the Department to coordinate the activities of the Department as they relate to the outlying areas. (b) AppointmentNot later than 90 days after January 8, 2002, the head of the office designated under subsection (a) shall appoint a coordinator for the outlying areas, who shall be a person with substantial experience in the operation of Federal programs in the outlying areas. (c) DutiesThe coordinator for the outlying areas shall—(1) serve as the principal advisor to the Department on Federal matters affecting the outlying areas; (2) evaluate, on a periodic basis, the needs of education programs in the outlying areas; (3) assist with the coordination of programs that serve the outlying areas; and (4) provide guidance to programs within the Department that serve the outlying areas. (d) Outlying areas definedAs used in this section, the term “outlying areas” includes Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Marianas Islands, but does not include the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.

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