20 U.S.C. § 3423d — Office of English Language Acquisition,

Page 1168 TITLE 20—EDUCATION § 3423b 2468e, and 3423a of this title, and subchapter III of chap- ter 20 of Title 25, Indians, amending sections 2301, 2311 to 2313, 2321 to 2324, 2352, 2361 to 2363, 2382, 2391, 2392, 2401 to 2404, 2421 to 2423, 2451, 2463, and 2471 of this title, section 1812 of Title 25, and sections 49f, 1533, 1604, and 1661c of Title 29, Labor, repealing sections 1131, 2371 to 2373, 2376 to 2378, 2431, 2462, 2464, 2465, and 3423 of this title, and amending provisions set out as a note under section 2301 of this title] shall take effect on July 1, 1991. ‘‘(b) SPECIAL RULE.—Sections 3, 115, 116, 504, and 512 and part H of title III of the Carl D. Perkins Vocational and Applied Technology Education Act [former sec- tions 2302, 2325, 2326, 2466a, and 2468a of this title and former part H (§ 2397 et seq.) of subchapter III of chap- ter 44 of this title] (as amended by this Act) shall take effect upon the enactment of this Act [Sept. 25, 1990].’’ § 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 stu- dents 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.) Editorial Notes PRIOR PROVISIONS A prior section 214 of Pub. L. 96–88 was renumbered section 212 and is classified to section 3423a of this title. Another prior section 214 of Pub. L. 96–88 was renum- bered section 217 and is classified to section 3424 of this title. § 3423c. Office of Indian Education (a) Office of Indian Education There 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 reporting The Office shall be under the direction of the Director, who shall be appointed by the Sec- retary and who shall report directly to the As- sistant Secretary for Elementary and Sec- ondary Education. (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 re- sponsible for, the development of all policies affecting Indian children and adults under programs administered by the Office of Ele- mentary and Secondary Education; (C) coordinate the development of policy and practice for all programs in the Depart- ment relating to Indian persons; and (D) assist the Assistant Secretary of the Office of Educational Research and Improve- ment in identifying research priorities re- lated to the education of Indian persons. (c) Indian preference in employment (1) In general The Secretary shall give a preference to In- dian persons in all personnel actions in the Of- fice. (2) Implementation Such preference shall be implemented in the same fashion as the preference given to any veteran under section 45 of title 25. (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.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(2)(A), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Part A of title VI of the Act is classified generally to part A (§ 7401 et seq.) of sub- chapter VI of chapter 70 of this title. For complete clas- sification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables. PRIOR PROVISIONS A prior section 215 of Pub. L. 96–88 was renumbered section 217 and is classified to section 3424 of this title. Provisions similar to those in this section were con- tained in section 2641 of Title 25, Indians, prior to re- peal by Pub. L. 103–382, § 367. AMENDMENTS 2015—Subsec. (b)(2)(A). Pub. L. 114–95 substituted ‘‘be responsible for administering part A of title VI of the Elementary and Secondary Education Act of 1965’’ for ‘‘be responsible for administering this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT The Office of Educational Research and Improvement was established by section 3419 of this title. Section 3419 was repealed and a new section 3419 establishing the Institute of Educational Sciences was enacted by Pub. L. 107–279, title IV, § 402(2), Nov. 5, 2002, 116 Stat. 1985. § 3423d. Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students (a) Establishment There shall be, in the Department, an Office of English Language Acquisition, Language En- hancement, and Academic Achievement for Limited English Proficient Students through which the Secretary shall carry out functions relating to bilingual education. (b) Director (1) In general The Office shall be headed by a Director of English Language Acquisition, Language En- hancement, and Academic Achievement for Limited English Proficient Students, ap- pointed by the Secretary, to whom the Sec- retary shall delegate all delegable functions relating to bilingual education. The Director shall also be assigned responsibility for recom- mending improvements and providing tech- Page 1169 TITLE 20—EDUCATION § 3424 nical 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 Im- provement in identifying research priorities which reflect the needs of language-minority and limited-English language proficient stu- dents. (2) Organization The Office shall be organized as the Director determines to be appropriate in order to carry out such functions and responsibilities effec- tively. (3) Inclusion The Secretary shall ensure that limited- English-proficient and language-minority stu- dents are included in ways that are valid, reli- able, and fair under all standards and assess- ment development conducted or funded by the Department. (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.) Editorial Notes CODIFICATION Another section 216 of Pub. L. 96–88 was renumbered section 218 and is classified to section 3425 of this title. AMENDMENTS 2002—Pub. L. 107–110, § 1072(c)(2)(B), substituted ‘‘Of- fice of English Language Acquisition, Language En- hancement, and Academic Achievement for Limited English Proficient Students’’ for ‘‘Office of Bilingual Education and Minority Languages Affairs’’ in section catchline. Subsec. (a). Pub. L. 107–110, § 1072(b), substituted ‘‘Of- fice of English Language Acquisition, Language En- hancement, and Academic Achievement for Limited English Proficient Students’’ for ‘‘Office of Bilingual Education and Minority Languages Affairs’’. Subsec. (b)(1). Pub. L. 107–110, § 1072(d), substituted ‘‘Director of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students’’ for ‘Director of Bilingual Education and Minority Languages Affairs’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under sec- tion 6301 of this title. OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT The Office of Educational Research and Improvement was established by section 3419 of this title. Section 3419 was repealed and a new section 3419 establishing the Institute of Educational Sciences was enacted by Pub. L. 107–279, title IV, § 402(2), Nov. 5, 2002, 116 Stat. 1985. § 3424. Federal Interagency Committee on Edu- cation (a) Establishment and function There is established a Federal Interagency Committee on Education (hereafter referred to in this section as the ‘‘Committee’’). The Com- mittee shall assist the Secretary in providing a mechanism to assure that the procedures and actions of the Department and other Federal de- partments and agencies are fully coordinated. (b) Coordination of Federal programs, policies and practices The Committee shall study and make rec- ommendations for assuring effective coordina- tion of Federal programs, policies, and adminis- trative practices affecting education, includ- ing— (1) consistent administration and develop- ment of policies and practices among Federal agencies in the conduct of related programs; (2) full and effective communication among Federal agencies to avoid unnecessary duplica- tion 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 as- sure that recipients of Federal assistance are efficiently and responsively served; and (5) full and effective involvement and par- ticipation of students and parents in Federal education programs. (c) Membership The Committee shall be composed of the Sec- retary, who shall chair the Committee, and sen- ior policy making officials from those Federal agencies, commissions, and boards that the President may find appropriate. (d) Designation of additional persons to attend meetings The Director of the Office of Management and Budget, the Chairman of the Council of Eco- nomic Advisers, the Director of the Office of Science and Technology Policy, and the Execu- tive Director of the Domestic Policy Staff may each designate a staff member to attend meet- ings of the Committee. (e) Federal vocational education and training programs study; report The Committee shall conduct a study con- cerning the progress, effectiveness, and accom- plishments of Federal vocational education and training programs, and the need for improved coordination between all federally funded voca- tional 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 sub- committees The Committee shall meet at least twice each year. The Secretary may establish subcommit- tees of the Committee to facilitate coordination in important areas of Federal activity. (g) Support assistance The Secretary and the head of each agency represented on the Committee under subsection (c) shall furnish necessary assistance to the Committee. (Pub. L. 96–88, title II, § 217, formerly § 214, Oct. 17, 1979, 93 Stat. 676; renumbered § 215, Pub. L.