Law Encyclopedia:
Education Department
This entry contains information applicable to United States law only. Created in 1980, the U.S. Department of Education (DOE) is the cabinet-level agency that establishes policy for, administers, and coordinates most federal assistance to education. It is directed by the secretary of education, who assists the president of the United States by executing policies and implementing laws enacted by Congress.
The DOE has six major responsibilities: (1) providing national leadership and building partnerships to address critical issues in U.S. education; (2) serving as a national clearinghouse of ideas on schools and teaching; (3) helping families pay for college; (4) helping local communities and schools meet the most pressing needs of their students; (5) preparing students for employment in a changing economy; and (6) ensuring nondiscrimination by recipients of federal education funds.
Although the current DOE has existed for only a short time, its history dates back to 1867, when President Andrew Johnson signed legislation creating the first education department as a non-cabinet-level, autonomous agency. Within one year, the department was demoted to an office because Congress feared that the department would exercise too much control over local schools. Since the Constitution did not specifically mention education, Congress made clear its intention that the secretary of education and other officials be prohibited from exercising direction, supervision, or control over the curriculum, instructional programs, administration, or personnel of any educational institution. Such matters are the responsibility of states, localities, and private institutions.
Over the next several decades the office remained small, operating under different titles and housed in various government agencies, including the U.S. Department of the Interior and the former U.S. Department of Health, Education, and Welfare (now the U.S. Department of Health and Human Services).
Beginning in 1950 political and social changes resulted in greatly expanded federal aid to education. The Soviet Union's successful launch of the satellite Sputnik in 1957 resulted in an increase in aid for improved education in the sciences. President Lyndon B. Johnson's War on Poverty in the 1960s involved many programs to improve education for poor people. In the 1970s these programs were expanded to include members of racial minorities, women, individuals with disabilities, and non-English-speaking students.
In October 1979 Congress passed the Department of Education Organization Act (93 Stat. 668 [20 U.S.C.A. § 3508]), which established the current Department of Education. Since that time, the DOE has continued to expand its duties by taking an active role in education reform. In 1983 the DOE published A Nation at Risk, a report that described the deficiencies of U.S. schools, stating that mediocrity, not excellence, was the norm in public education. This led to the development in 1990 of a long-range plan to reform U.S. education by the year 2000.
Called America 2000: An Educational Strategy, the plan has eight goals: (1) all children will start school ready to learn by participating in preschool programs; (2) the high-school graduation rate will increase to at least 90 percent; (3) all students will leave grades 4, 8, and 12 having demonstrated competency in English, mathematics, science, foreign languages, civics and government, economics, art, history, and geography; (4) teachers will have opportunities to acquire the knowledge and skills needed for preparing students for the twenty-first century; (5) students will be first in the world in mathematics and science achievement; (6) every adult will be literate and will possess the knowledge and skills necessary to compete in a global economy; (7) every school will be free of drugs, violence, and the unauthorized presence of firearms and alcohol; and (8) every school will promote partnerships to increase parental involvement in the social, emotional, and academic growth of children.
In the 1860s, federal education had a budget of $15,000 and 4 employees to handle education fact-finding. By 1965, the Office of Education employed 2,113 employees and had a budget of $1.5 billion. In 1995, the DOE administered about $33 billion, or about 2 percent of all federal spending, and had 4,900 employees, making it the smallest cabinet agency.
The DOE's elementary and secondary education programs annually serve fifteen thousand local school districts and almost 50 million students attending more than eighty-four thousand public schools and twenty-four thousand private schools. Approximately 7 million postsecondary students receive grant, loan, and work-study assistance. From 1975 to 1995, approximately 40 million students attended college on student financial aid programs. An additional 4 million adults received assistance each year to attend literacy classes and upgrade their skills to further their employment goals.
Although the nation spends about $500 billion a year on education for elementary to postsecondary education, the federal government contributes only eight percent of that amount. Federal funding helps about one out of two students pay for their postsecondary education, and about four out of five disadvantaged elementary and secondary school students receive special assistance in learning the basics.
Structure
The organizational structure of the DOE is made up of the offices of a number of administrative officials, including a secretary, deputy secretary, and under secretary; seven program offices; and seven staff offices. Reporting directly to the secretary are the deputy secretary, under secretary, general counsel, inspector general, and public affairs director. All other staff offices and program offices are under the jurisdiction of the deputy secretary.
Offices of the Secretary
The secretary of education advises the president of the United States on federal education plans, policies, and programs. The secretary directs department officials in carrying out these programs and activities and serves as the chief spokesperson for public affairs, promoting public understanding of the DOE's goals, objectives, and programs.
The secretary also performs certain federal responsibilities for four federally aided corporations. The American Printing House for the Blind in Louisville, Kentucky, distributes braille books, talking books, and other educational aids without cost to educational institutions for blind people. Gallaudet University, in Washington, D.C., provides a liberal arts education for deaf persons. Howard University, also in Washington, D.C., is a comprehensive university that offers instruction in seventeen schools and colleges, and was established primarily to support African American students. The National Technical Institute for the Deaf, a division of the Rochester Institute of Technology, located in Rochester, New York, provides educational programs that focus on careers and are geared toward helping hearing-impaired individuals obtain marketable skills in a society that increasingly relies on technology.
The deputy secretary serves as the principal policy adviser to the secretary on all major program and management issues and is responsible for the department's internal management and daily operations. The deputy oversees the Executive Management Committee and the Reinvention Coordination Council, coordinates federal-state relations, and serves as acting secretary in the secretary's absence.
The under secretary advises the secretary on matters relating to program plans and budget. Through the Planning and Evaluation Service and the Budget Service, this officer directs, coordinates, and recommends policy and administers analytical studies on the economic, social, and institutional effect of existing and proposed policies, legislative proposals, and program operations.
Program Offices
Bilingual Education and Minority Languages Affairs
The Office of Bilingual Education and Minority Languages Affairs funds programs designed to help persons with limited English proficiency participate effectively in classrooms and work environments in which English is the primary language. This is accomplished through fourteen grant programs and one formula grant program as well as through contracts for research and evaluation, technical assistance, and clearinghouse activities.
Civil Rights
The Civil Rights Office enforces federal statutes that prohibit discrimination based on race, color, national origin, sex, age, or handicapping condition in education programs receiving federal financial assistance. Civil rights laws extend to a wide range of educational institutions, including every school district, college, and university as well as proprietary schools, libraries, museums, and correctional facilities.
Educational Research and Improvement
The primary function of the Office of Educational Research and Improvement is to gather, analyze, and make available to the public statistical and other types of information about the condition of U.S. education. This is accomplished through the dissemination of information and research findings about successful education practices, student achievements, and nationally significant model projects. The office also supports a wide range of research and development activities and promotes the use of technology in education.
Elementary and Secondary Education
The Office of Elementary and Secondary Education formulates policy for, directs, and coordinates activities relating to preschool, elementary, and secondary education. Grants and contracts are awarded to state educational agencies, local school districts, postsecondary schools, and nonprofit organizations for compensatory, migrant, and Indian programs; drug-free programs; other school improvement programs; and impact aid, which compensates school districts for the loss of property taxes for students who live on federally owned property such as military bases or Indian reservations.
Postsecondary Education
The Postsecondary Education Office formulates policy and directs and coordinates programs for assistance to postsecondary institutions and to students who need financial assistance to attend college or a vocational training center. Financial aid is awarded in the form of grants, loans, and jobs. In addition, this office provides support for institutional development, student services, housing and facilities, veterans' affairs, cooperative education, international and graduate education, colleges for African Americans, foreign language and area studies, and innovative teaching methods and practices.
Special Educational and Rehabilitation Services
The Office of Special Educational and Rehabilitation Services supports programs that help educate children with special needs, provides for the rehabilitation of youths and adults with disabilities, and supports research to improve the life of individuals with disabilities regardless of age. Programs include support for the training of teachers and other professional personnel; grants for research; financial aid to help states initiate, expand, and improve their resources; and media services and captioned films for hearing-impaired individuals.
Vocational and Adult Education
Grant, contract, and technical assistance programs for vocational-technical education and adult education and literacy are administered through the Office of Vocational and Adult Education. This office also works with the Department of Labor in administering the School-to-Work Opportunities Initiative, which helps states and localities design and build innovative systems to prepare youths for college and careers.
Staff Offices
Assistant Secretary for Management
The assistant secretary for management provides the deputy secretary with advice and guidance on administrative management and is responsible for activities involving personnel, training, grants and procurement management, management evaluation, automated data processing, and other support functions.
Chief Financial Officer
The chief financial officer manages grants and contract services and oversees financial management, financial control and accounting, and program analysis.
Assistant Secretary of Intergovernmental and Interagency Affairs
The assistant secretary of intergovernmental and interagency affairs acts as a liaison to state and local governments and other federal agencies and oversees the DOE's ten regional offices.
Inspector General
The inspector general audits and investigates programs and operations to promote their efficiency and effectiveness and to detect and prevent fraud, waste, and abuse. This officer seeks to recover misused federal funds through courts and administrative procedures and, in cooperation with the Department of Justice, prosecutes wrongdoers.
General Counsel
As the chief legal adviser to the secretary and other department officials, the general counsel directs, coordinates, and recommends policy for activities involving the preparation of legal documents and department rules and regulations, including proposed or pending legislation.
Public Affairs Director
The public affairs director, who reports directly to the secretary, develops and coordinates public affairs policy and serves as the chief public information officer.
Assistant Secretary for Legislation and Congressional Affairs
The assistant secretary for legislation and congressional affairs serves as the principal adviser to the deputy secretary on the DOE's legislative program and congressional relations.
See: Colleges and Universities; School Desegregation; Schools and School Districts.