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

Page 1166 TITLE 20—EDUCATION § 3417 the coordination of programs within the Depart- ment and shall work with the Federal Inter- agency 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.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–76 substituted, in section catchline, ‘‘Office of Career, Technical, and Adult Education’’ for ‘‘Office of Vocational and Adult Education’’ and, in text, ‘‘Office of Career, Technical, and Adult Edu- cation’’ for ‘‘Office of Vocational and Adult Edu- cation’’, ‘‘Assistant Secretary for Career, Technical, and Adult Education’’ for ‘‘Assistant Secretary for Vo- cational and Adult Education’’, and ‘‘career, technical, and adult education’’ for ‘‘vocational and adult edu- cation’’ in two places. § 3417. Office of Special Education and Rehabili- tative 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 Serv- ices 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 ad- ministrative and support functions, transferred to the Secretary under sections 3441(a)(1) of this title (with respect to the bureau for the edu- cation 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.) § 3418. Repealed. Pub. L. 99–145, title XII, § 1204(a)(1), Nov. 8, 1985, 99 Stat. 720 Section, Pub. L. 96–88, title II, § 208, Oct. 17, 1979, 93 Stat. 674, provided for an Office of Education for Over- seas Dependents in Department of Education. § 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 Edu- cation Sciences Reform Act of 2002 [20 U.S.C. 9501 et seq.] by the Director appointed under sec- tion 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.) Editorial Notes REFERENCES IN TEXT The Education Sciences Reform Act of 2002, referred to in text, is title I of Pub. L. 107–279, Nov. 5, 2002, 116 Stat. 1941, which is classified generally to subchapter I (§ 9501 et seq.) of chapter 76 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9501 of this title and Tables. PRIOR PROVISIONS A prior section 3419, Pub. L. 96–88, title II, § 208, for- merly § 209, Oct. 17, 1979, 93 Stat. 674; Pub. L. 103–227, title IX, § 911(b), Mar. 31, 1994, 108 Stat. 213; renumbered § 208, Pub. L. 103–382, title II, § 271(a)(2), Oct. 20, 1994, 108 Stat. 3929, related to Office of Educational Research and Improvement, prior to repeal by Pub. L. 107–279, title IV, § 402(2), Nov. 5, 2002, 116 Stat. 1985. A prior section 208 of Pub. L. 96–88 was classified to section 3418 of this title prior to repeal by Pub. L. 99–145. § 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 En- hancement, and Academic Achievement for Limited English Proficient Students, to be ad- ministered by a Director of English Language Acquisition, Language Enhancement, and Aca- demic Achievement for Limited English Pro- ficient Students, who shall be appointed by the Secretary. The Director shall coordinate the ad- ministration of bilingual education programs by the Department and shall consult with the Sec- retary concerning policy decisions affecting bi- lingual education and minority languages af- fairs. 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.) Editorial Notes PRIOR PROVISIONS A prior section 209 of Pub. L. 96–88 was renumbered section 208 and was classified to section 3419 of this title, prior to repeal by Pub. L. 107–279. AMENDMENTS 2002—Pub. L. 107–110, § 1072(d), substituted ‘‘Director of English Language Acquisition, Language Enhance- ment, and Academic Achievement for Limited English Proficient Students’’ for ‘‘Director of Bilingual Edu- cation and Minority Languages Affairs’’. Pub. L. 107–110, § 1072(b), (c)(2)(A), substituted ‘‘Office of English Language Acquisition, Language Enhance- ment, and Academic Achievement for Limited English Proficient Students’’ for ‘‘Office of Bilingual Education and Minority Languages Affairs’’ in section catchline and in text. 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. § 3421. Office of General Counsel There shall be in the Department an Office of General Counsel, to be administered by the Gen- eral 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. Page 1167 TITLE 20—EDUCATION § 3423a 103–382, title II, § 271(a)(2), Oct. 20, 1994, 108 Stat. 3929.) Editorial Notes PRIOR PROVISIONS A prior section 210 of Pub. L. 96–88 was renumbered section 209 and is classified to section 3420 of this title. § 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.) Editorial Notes PRIOR PROVISIONS A prior section 211 of Pub. L. 96–88 was renumbered section 210 and is classified to section 3421 of this title. AMENDMENTS 2022—Pub. L. 117–286 substituted ‘‘chapter 4 of title 5.’’ for ‘‘the Inspector General Act of 1978.’’ § 3423. Repealed. Pub. L. 101–392, title VI, § 602(a)(1), Sept. 25, 1990, 104 Stat. 840 Section, Pub. L. 96–88, title II, § 213, Oct. 17, 1979, 93 Stat. 675, established the Intergovernmental Advisory Council on Education. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1991, see section 702(a) of Pub. L. 101–392, set out as an Effective Date note under sec- tion 3423a of this title. § 3423a. Office of Correctional Education (a) Findings The 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 ac- tion by the Federal Government to assist State and local educational programs for criminal offenders in correctional institutions. (b) Statement of purpose It is the purpose of this subchapter to encour- age and support educational programs for crimi- nal offenders in correctional institutions. (c) Establishment of Office The Secretary of Education shall establish within the Department of Education an Office of Correctional Education. (d) Functions of Office The Secretary, through the Office of Correc- tional Education established under subsection (c) of this section, shall— (1) coordinate all correctional education pro- grams 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 correc- tional 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 edu- cation 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 informa- tion on the number of individuals who com- plete a vocational education sequence, earn a high school degree or general equivalency di- ploma, or earn a postsecondary degree while incarcerated and the correlation with job placement, job retention, and recidivism. (e) Definitions As 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 of- fender 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 reha- bilitation center, or any other similar insti- tution designed for the confinement or reha- bilitation 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 offi- cer 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; re- numbered § 212, Pub. L. 103–382, title II, § 271(a)(2), Oct. 20, 1994, 108 Stat. 3929.) Editorial Notes PRIOR PROVISIONS A prior section 212 of Pub. L. 96–88 was renumbered section 211 and is classified to section 3422 of this title. AMENDMENTS 1994—Subsec. (d). Pub. L. 103–322 substituted ‘‘under subsection (c)’’ for ‘‘under subsection (a)’’ in introduc- tory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 101–392, title VII, § 702, Sept. 25, 1990, 104 Stat. 843, provided that: ‘‘(a) IN GENERAL.—Except as provided in subsection (b), the amendments made by this Act [enacting sub- chapter II of chapter 44 of this title, this section, sec- tions 2311a, 2327, 2328, 2394 to 2394e, 2395 to 2395e, 2396 to 2396m, 2411 to 2420a, 2424, 2466b to 2466e, 2468, 2468b to