1. U.S. Code
  2. title 20
  3. chapter 48
  4. subchapter II
  5. § 3411

Collapse to view only § 3411. Establishment of Department; appointment of Secretary

§ 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.

(Pub. L. 96–88, title II, § 201, Oct. 17, 1979, 93 Stat. 671.)

CITE AS: 20 USC 3411

§ 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 General
(d) Under Secretary of Education
(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 nominees
(g) Supervision by Secretary
(h) Coordination of literacy related functions by Assistant Secretary for Career, Technical, and Adult Education
(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.
(Pub. L. 96–88, title II, § 202, Oct. 17, 1979, 93 Stat. 671; Pub. L. 99–145, title XII, § 1204(a)(1), Nov. 8, 1985, 99 Stat. 720; Pub. L. 101–509, title V, § 529 [title I, § 112(a)(3)(B)], Nov. 5, 1990, 104 Stat. 1427, 1454; Pub. L. 102–73, title I, § 101, July 25, 1991, 105 Stat. 334; Pub. L. 102–103, title II, § 201, Aug. 17, 1991, 105 Stat. 498; Pub. L. 102–325, title XV, § 1553(a), July 23, 1992, 106 Stat. 838; Pub. L. 103–227, title IX, § 913, Mar. 31, 1994, 108 Stat. 223; Pub. L. 103–382, title II, § 271(b), Oct. 20, 1994, 108 Stat. 3929; Pub. L. 107–110, title X, § 1072(e)(2), Jan. 8, 2002, 115 Stat. 2089; Pub. L. 107–279, title IV, § 402(1), Nov. 5, 2002, 116 Stat. 1984; Pub. L. 112–166, § 2(d)(1), Aug. 10, 2012, 126 Stat. 1284; Pub. L. 113–76, div. H, title III, § 307(b), Jan. 17, 2014, 128 Stat. 399; Pub. L. 117–286, § 4(b)(40), Dec. 27, 2022, 136 Stat. 4348.)

CITE AS: 20 USC 3412

§ 3413. Office for Civil Rights
(a) Establishment; administration; delegation of functions
(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 Secretary
In 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.
(Pub. L. 96–88, title II, § 203, Oct. 17, 1979, 93 Stat. 673.)

CITE AS: 20 USC 3413

§ 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].

(Pub. L. 96–88, title II, § 204, Oct. 17, 1979, 93 Stat. 674; Pub. L. 98–511, title VII, § 701(a), Oct. 19, 1984, 98 Stat. 2405; Pub. L. 103–382, title III, § 391(h), Oct. 20, 1994, 108 Stat. 4023.)

CITE AS: 20 USC 3414

§ 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.
(Pub. L. 96–88, title II, § 205, Oct. 17, 1979, 93 Stat. 674; Pub. L. 110–315, title IX, § 935, Aug. 14, 2008, 122 Stat. 3460.)

CITE AS: 20 USC 3415

§ 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.

(Pub. L. 96–88, title II, § 206, Oct. 17, 1979, 93 Stat. 674; Pub. L. 113–76, div. H, title III, § 307(a), Jan. 17, 2014, 128 Stat. 399.)

CITE AS: 20 USC 3416

§ 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.

(Pub. L. 96–88, title II, § 207, Oct. 17, 1979, 93 Stat. 674.)

CITE AS: 20 USC 3417

§ 3418. Repealed. Pub. L. 99–145, title XII, § 1204(a)(1), Nov. 8, 1985, 99 Stat. 720

CITE AS: 20 USC 3418

§ 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)].

(Pub. L. 96–88, title II, § 208, as added Pub. L. 107–279, title IV, § 402(2), Nov. 5, 2002, 116 Stat. 1985.)

CITE AS: 20 USC 3419

§ 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.

(Pub. L. 96–88, title II, § 209, formerly § 210, Oct. 17, 1979, 93 Stat. 675; renumbered § 209, Pub. L. 103–382, title II, § 271(a)(2), Oct. 20, 1994, 108 Stat. 3929; amended Pub. L. 107–110, title X, § 1072(b), (c)(2)(A), (d), Jan. 8, 2002, 115 Stat. 2089.)

CITE AS: 20 USC 3420

§ 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.

(Pub. L. 96–88, title II, § 210, formerly § 211, Oct. 17, 1979, 93 Stat. 675; renumbered § 210, Pub. L. 103–382, title II, § 271(a)(2), Oct. 20, 1994,

CITE AS: 20 USC 3421

§ 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.

(Pub. L. 96–88, title II, § 211, formerly § 212, Oct. 17, 1979, 93 Stat. 675; renumbered § 211, Pub. L. 103–382, title II, § 271(a)(2), Oct. 20, 1994, 108 Stat. 3929; amended Pub. L. 117–286, § 4(b)(41), Dec. 27, 2022, 136 Stat. 4348.)

CITE AS: 20 USC 3422

§ 3423. Repealed. Pub. L. 101–392, title VI, § 602(a)(1), Sept. 25, 1990, 104 Stat. 840

CITE AS: 20 USC 3423

§ 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 purpose
(c) Establishment of Office
(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.
(Pub. L. 96–88, title II, § 212, formerly § 214, as added Pub. L. 101–392, title VI, § 602(a)(3), Sept. 25, 1990, 104 Stat. 840; amended Pub. L. 103–322, title II, § 20408(a), Sept. 13, 1994, 108 Stat. 1827; renumbered § 212, Pub. L. 103–382, title II, § 271(a)(2), Oct. 20, 1994, 108 Stat. 3929.)

CITE AS: 20 USC 3423a

§ 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.

(Pub. L. 96–88, title II, § 214, as added Pub. L. 103–382, title II, § 271(c), Oct. 20, 1994, 108 Stat. 3929.)

CITE AS: 20 USC 3423b

§ 3423c. Office of Indian Education
(a) Office of Indian Education
(b) Director
(1) Appointment and reporting
(2) Duties
The 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 general
(2) Implementation
(Pub. L. 96–88, title II, § 215, as added Pub. L. 103–382, title III, § 372(2), Oct. 20, 1994, 108 Stat. 3977; amended Pub. L. 114–95, title IX, § 9215(v), Dec. 10, 2015, 129 Stat. 2171.)

CITE AS: 20 USC 3423c

§ 3423d. Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students
(a) Establishment
(b) Director
(1) In general
(2) Organization
(3) Inclusion
(Pub. L. 96–88, title II, § 216, as added Pub. L. 103–382, title III, § 372(2), Oct. 20, 1994, 108 Stat. 3978; amended Pub. L. 107–110, title X, § 1072(b), (c)(2)(B), (d), Jan. 8, 2002, 115 Stat. 2089.)

CITE AS: 20 USC 3423d

§ 3424. Federal Interagency Committee on Education
(a) Establishment and function
(b) Coordination of Federal programs, policies and practices
The 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) Membership
(d) Designation of additional persons to attend meetings
(e) Federal vocational education and training programs study; report
(f) Required meetings; establishment of subcommittees
(g) Support assistance
(Pub. L. 96–88, title II, § 217, formerly § 214, Oct. 17, 1979, 93 Stat. 676; renumbered § 215, Pub. L. 101–392, title VI, § 602(a)(2), Sept. 25, 1990, 104 Stat. 840; renumbered § 217, Pub. L. 103–382, title III, § 372(1), Oct. 20, 1994, 108 Stat. 3977.)

CITE AS: 20 USC 3424

§ 3425. Office of Educational Technology
(a) Establishment
(b) Director
The 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 span 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) 1
1 See References in Text note below.
of this title; and
(4) perform such additional functions as the Secretary may require.
(c) Officers and employees
(d) Experts and consultants
(Pub. L. 96–88, title II, § 218, formerly § 216, as added Pub. L. 103–227, title II, § 233(a), Mar. 31, 1994, 108 Stat. 154; renumbered § 218, Pub. L. 107–110, title X, § 1072(e)(3), Jan. 8, 2002, 115 Stat. 2090.)

CITE AS: 20 USC 3425

§ 3426. Liaison for Proprietary Institutions of Higher Education
(a) Establishment
(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.
(Pub. L. 96–88, title II, § 219, as added Pub. L. 105–244, title IX, § 961, Oct. 7, 1998, 112 Stat. 1836.)

CITE AS: 20 USC 3426

§ 3427. Coordinator for the outlying areas
(a) Establishment
(b) Appointment
(c) Duties
The 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 defined
(Pub. L. 96–88, title II, § 220, as added Pub. L. 107–110, title X, § 1072(a), Jan. 8, 2002, 115 Stat. 2088.)

CITE AS: 20 USC 3427