The Role and Responsibilities of the Deputy Secretary of Education

Introduction

The Deputy Secretary of Education holds a significant position within the United States Department of Education, playing a vital role in shaping and implementing education policies. This article delves into the responsibilities, functions, and key aspects of this office.

Overview of the Deputy Secretary's Role

The Deputy Secretary of Education oversees and manages the development of policies in the United States Department of Education. The Deputy Secretary assists the Secretary in the discharge of Secretarial duties and responsibilities and serves as Acting Secretary in the absence of the Secretary. The office of the Deputy Secretary coordinates the work of the Office of Elementary and Secondary Education, the Office of Innovation and Improvement, the Office of English Language Acquisition, the Office of Special Education and Rehabilitative Services, and the Office of Safe and Drug-Free Schools.

Key Responsibilities and Functions

The Deputy Secretary focuses primarily on K-12 education policy, such as No Child Left Behind, the High School Initiative, and the Individuals with Disabilities Education Act. The Deputy Secretary also has responsibility for carrying out the intergovernmental relations of the department.

Under the GPRA Modernization Act of 2010, the Deputy Secretary serves as Chief Operating Officer for the Department. As such, the Deputy Secretary acts on behalf of the Secretary with senior Department leaders in developing and executing effective management and in identifying key organizational vulnerabilities and executing effective approaches to manage risks across the Department's programs, grants, loans, contracts, information technology, and related services.

The Deputy Secretary coordinates policies, programs, and activities related to educational equity, elementary and secondary education, special education and rehabilitative services, and the education of students with linguistically and culturally diverse backgrounds. The Deputy Secretary focuses on the development and implementation of policies, programs, and activities relating to elementary and secondary education matters. This mission addresses a wide spectrum of interests ranging from safe and drug-free schools, special education and rehabilitative services, to the education of students living in poverty and students with linguistically and culturally diverse backgrounds, and the promotion of educational reforms.

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Structure and Support Within the Deputy Secretary's Office

Immediate Office of the Deputy Secretary

The Immediate Office of the Deputy Secretary (ODS) provides direct advisory and logistical support to the Deputy Secretary. Senior staff positions in ODS include the Chief of Staff to the Deputy Secretary (CoS), Senior Operations Advisor (SOA), Senior Policy Advisor (SPA), and Director, Equal Employment Opportunity Services.

Chief of Staff Responsibilities

The CoS provides overall direction and guidance to the ODS staff, represents the Deputy Secretary's views in contacts with senior officials within and outside the Department and responds to appropriate inquiries concerning the Deputy Secretary's views and positions. Additionally, the CoS provides overall direction and guidance to the Deputy Chief of Staff and Senior Policy Advisor.

Senior Operations Advisor Responsibilities

The SOA provides guidance and direction to the Deputy Secretary on sensitive issues and critical matters pertaining to Departmental policies, priorities, and programs focused on a broad range of issues. The SOA reviews and analysis encompass key, emerging issues of direct and substantial interest and concern to the Secretary, Deputy Secretary, Under Secretary, and the Administration.

The SOA serves as a key senior advisor providing expert executive level advice, guidance, and support to the Deputy Secretary on key operational issues, initiatives, and agency functions, impacting the delivery of mission-critical administration objectives. The Office of Management and Planning, Performance Improvement Office, and Freedom of Information Act Service Center subunits report directly to the SOA. The Chief FOIA Officer reports to the Deputy Secretary.

Senior Policy Advisor Responsibilities

The SPA provides expert advice to the Deputy Secretary on a wide range of issues including: advancing Science, Technology, Engineering, and Mathematics (STEM) education in the Department, across federal agencies, and with external partners; developing educational technology policy and establishing strategies that encourage the use of educational technology to transform teaching and learning; and ongoing Department priorities, including the Raise the Bar: Lead the World initiative.

Key Offices and Their Functions Reporting to the Deputy Secretary

Several offices report to the Deputy Secretary, each with specific functions:

Office of Management and Planning

The Office of Management and Planning is led by a Deputy Assistant Secretary for Management and Planning, who advises the ODS Senior Operations Advisor on matters related to the two organizational units and represents ODS at meetings, when appropriate.

Executive Office

The Executive Office (EO) provides administrative and management services and is responsible for: the development, execution, and monitoring of the OS and ODS budget and contracts; development of internal administrative policies and operating procedures; human resources management; information technology, telecommunications and office equipment services; office space planning and utilization; travel authorizations and reimbursements, etc. The EO is also responsible for the coordination of emergency preparedness activities as they relate to the Secretary's Continuity of Government responsibilities. EO serves as the point of contact for the White House in all matters relating to the Secretary's role as a presidential successor.

In performing its responsibilities, the EO:

Reviews and comments on administrative policy directives from the Office of Finance and Operations (OFO) and implements management procedures and directives from other Department offices, OMB, OPM, and other Federal agencies.
Prepares briefing and background materials on controversial management and administrative matters for the Secretary and the Deputy Secretary and prepares and coordinates responses as appropriate.
Provides all administrative services for the employees in OS and ODS (such as space planning, human resources, property inventory control, travel, supplies, health and safety, small purchases, contracts, budget, information technology, etc.).
Formulates and executes the annual budget and personnel target level request and develops the annual fiscal operating plan.
Provides support and guidance in all areas of human resources, including: workforce analysis; organizational structure; reorganization proposals; labor and employee relations; and the personnel management system.
Establishes and administers a gift fund account, as well as the Secretary's reception fund.
Establishes systems for monitoring home-to-work transportation afforded to the Secretary and the Deputy Secretary, as appropriate, and prepares reports regarding tax implications.
Coordinates personnel and assignments within the Department on sensitive recruitment and placement plans, including necessary controls over the Departmental security clearance process.
Works closely with the White House Liaison on political appointments, as well as sensitive actions throughout the Department.
Responsible for records management and serves as custodian of classified documents for client offices, including the maintenance of proper protocols and secure phones and related equipment.

Office of Events Management and Partnerships

The Office of Events Management and Partnerships provides policy, instruction, and logistical support for Department-hosted conferences, events, and exhibits. The division is responsible for advising the Department’s Program Offices and senior officials on conference-related fiscal responsibilities and legislative requirements, as well as providing guidance on methods and planning techniques to create cost-effective events. The Division provides oversight of conference and event-related policies, directives, training, and internal controls processes; gift funds and in-kind gift solicitation and acquisition processes; logistics and event-planning facilitation and staffing; and the student art exhibition program and space as well as the Department’s permanent art collection.

Freedom of Information Act (FOIA) Service Center

The FOIA Service Center (FSC) is responsible for ensuring agency compliance with the FOIA, including the following:

Oversees agency compliance with FOIA management policies and operating procedures.
Operates the agency’s case management system that responds to FOIA requests.
Advises the public and Department employees regarding FOIA requests by ensuring the prompt, courteous, efficient, and successful handling of all FOIA and Privacy Act requests received by the Department.
Serves as the primary office for requestors to obtain information about the status of a FOIA request and the agency’s response.
Provides guidance and instruction to Department staff for the appropriate receipt, handling, and recording of FOIA and Privacy Act requests.
Develops and provides training to Department employees and contractors regarding FOIA.
Furnishes reliable, accurate, and timely information on FOIA compliance as required by relevant laws, statutes, regulations, and directives, including mandated reports on the status of the Department's FOIA operations.
Coordinates the disposition of all FOIA appeals received by the Department.

Performance Improvement Office

The PIO provides overall organization management to improve agency performance and to achieve the mission and goals of the agency through: the use of strategic and performance planning, measurement, analysis, regular assessment of progress; the use of performance information to improve the results achieved; and assessment of enterprise risk in meeting the agency’s goals and objectives. To that end, the PIO oversees the development and implementation of the Department’s strategic plan, annual performance plans, and annual performance reporting. In addition, the PIO ensures alignment of the agency's risk profile with the Department's Strategic Plan and advises the Secretary and Deputy Secretary on the selection of agency goals, including opportunities to collaborate with other agencies on common goals.

Office of Non-Public Education

The Office of Non-Public Education is responsible for ensuring maximum participation of private students and teachers in all Federal education programs for which they are eligible. The Office reviews Department policy concerning education services to private school students and teachers, reviews Department programs and procedures to make certain that services required by law are provided, and recommends to the Secretary possible changes in laws, regulations, or policies that would increase the availability of these services.

In performing its responsibilities, the Office:

Designs formal processes securing cooperation, coordination, and review of program operations to assure maximum participation by private school students.
Identifies data needs that describe the extent of private school student and teacher participation in federal programs and the relationship to ED programs and policies; analyzes the data; and provides information to program offices.
Develops guidelines and specific procedures to assure uniform application and consistent administration of statutory bypass activities and reviews all contracts for bypass services to private school students.

Office of Educational Technology

The Office of Educational Technology (OET) develops educational technology policy and establishes strategies for encouraging the development and use of educational technology that transforms teaching and learning and that empowers students and families. OET is authorized under Section 218 of the Department of Education Organization Act and managed by an Executive Director.

In performing its responsibilities, OET:

Recommends policies and programs that use the transformative power of technology to empower students, teachers, and parents;
Advocates for the use of technology to provide engaging, empowering, and personalized learning experiences to improve learning outcomes, often by developing and leading initiatives and special projects;
Supports advances in learning science and efficacy research to improve learning outcomes;
Develops, disseminates, and periodically updates a National Education Technology Plan to encourage the development and use of transformative and empowering educational technology;
Works with offices across the Department to keep staff and leadership apprised of trends in educational technology and its implications for improving student outcomes.

Equal Employment Opportunity Responsibilities

The Department of Education provides equal opportunity in employment for all employees and applicants. The Department of Education's responsibilities include compliance with:

Executive Order 11478, “Equal Employment Opportunity in the Federal Government" (Aug. 8, 1969), as amended by Executive Order 11590 (April 23, 1971), Executive Order 12106 (Dec. 28, 1978), Executive Order 13087 (May 28, 1998), Executive Order 13152 (May 2, 2000), and Executive Order 13672 (July 21, 2014);
Executive Order 13171, “Hispanic Employment in the Federal Government" (Oct. 12, 2000); and,
Executive Order 11246, “Equal Employment Opportunity" (Sept. 24, 1965), as amended by Executive Order 13672 (July 21, 2014).

The office is responsible for the overall management of the Department's EEO program ensuring EEO policies and procedures are carried out in accordance with existing regulations and directives.

Historical Context: Establishment of the Department of Education

The Department of Education (ED) was established by the Department of Education Organization Act (DEOA, P.L. 96-88), enacted on October 17, 1979. ED operations began in May 1980. Prior to the establishment of ED as a Cabinet-level department in 1979, an Office of Education was housed at the Department of Health, Education, and Welfare (HEW).

During his first presidential campaign, candidate Jimmy Carter promised to create a Department of Education. At the outset of the 96th Congress, legislation to establish a new department was once again introduced in both chambers.

Statutory Basis for the Deputy Secretary's Role

The role of the Deputy Secretary is established in the Department of Education Organization Act, as amended.

Additional Statutorily Established Positions

Below is a list of additional statutorily established positions at ED, some of which are specified in laws other than the DEOA. These positions are filled through appointment by the Secretary unless otherwise specified:

Special Assistant for Gender Equity (Section 202(b)(3))
Liaison for Community and Junior Colleges (Section 202(i)(1))
Director of the Office of English Language Acquisition, Language Enhancements, and Academic Achievement for Limited English Proficient Students (Section 209 and Section 216(b)(1))
Director of the Office of Indian Education (Section 215(b)(1))
Liaison for Proprietary Institutions of Higher Education (Section 219(a))

Statutorily Established Subunits

The DEOA and other laws that have addressed the structure of ED establish the following subunits:

Office for Civil Rights (Section 203(a))
Office of Elementary and Secondary Education (OESE, Section 204)
Office of Postsecondary Education (Section 205)
Office of Career, Technical, and Adult Education (OCTAE, Section 206)
Office of Special Education and Rehabilitative Services (OSERS, Section 207)
Institute of Education Sciences (IES, Section 208)
Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students (Section 209 and 216(a))
Office of General Counsel (Section 210)
Office of Inspector General (Section 211)
Office of Correctional Education (Section 212)
Office of Non-Public Education (Section 214)
Office of Indian Education (Section 214)
Office of Educational Technology (Section 218)

Secretary's Authority to Reorganize

Section 413(a) of the DEOA authorizes the Secretary to allocate or reallocate functions among ED's officers and "establish, consolidate, alter, or discontinue" offices within ED. Exceptions to the authority granted to the Secretary by Section 413(a) include any offices or other entities transferred to ED and established by statute or any function of such offices or officers specified in statute.

The Broader Department of Education Structure

The secretary of education leads the Department and promotes public understanding of the Department's mission, goals, and objectives. The secretary is nominated by the president and confirmed by the Senate. As a member of the president's Cabinet, the secretary is the principal adviser to the president on federal policies, programs, and activities related to education in the United States.

The under secretary oversees policies, programs, and activities related to postsecondary education, vocational and adult education, and federal student aid. In addition, the secretary appoints an assistant secretary to oversee each of the nine program offices.

The Office of the General Counsel serves as the principal adviser to the secretary on all legal matters affecting Department programs and activities and represents the secretary, other officers, and the Department in court and in some litigation. The Office of Inspector General promotes the effective and efficient use of taxpayer dollars in support of American education by detecting and preventing fraud, waste, and abuse in the administration of Department programs and operations. The Office for Civil Rights enforces federal laws that prohibit discrimination on the basis of race, color, national origin, sex, handicap, or age in educational programs and activities receiving federal financial assistance. The Office of Communications and Outreach leads the Department in informing the public about and engaging it in the president's and secretary's education agenda. The Office of Legislation and Congressional Affairs serves as the Department's liaison to Congress. The Office of Planning, Evaluation, and Policy Development serves as the principal adviser to the secretary on all matters relating to policy development and review, strategic planning, program performance measurement and evaluation, and budget processes and proposals.

The Department has nine program offices:

The Institute of Education Sciences provides national leadership in expanding fundamental knowledge of education and produces rigorous evidence on which to ground education practice and policy.
The Office of English Language Acquisition, Language Enhancement and Academic Achievement for Limited English Proficient Students administers, coordinates, and recommends policy for developing and supporting high-quality instructional programs designed to serve the education needs of linguistically and culturally diverse students.
The Office of Elementary and Secondary Education provides leadership, technical assistance, and financial support to state and local education agencies for the maintenance and improvement of both public and private preschool, elementary, and secondary education.
The Office of Innovation and Improvement administers and coordinates programs and activities designed to support and test innovations throughout the K-12 system.
The Office of Postsecondary Education is responsible for formulating federal postsecondary education policy and administering programs that address critical national needs in support of increased access to quality postsecondary education for all students.
The Office of Safe and Drug-Free Schools administers, coordinates, and recommends policy for improving programs and activities that promote the health and well-being of students in elementary and secondary schools and institutions of higher education.
The Office of Special Education and Rehabilitative Services supports programs designed to meet the needs and develop the full potential of children with disabilities, reduce dependency and enhance the productive capabilities of youths and adults with disabilities, and support research to improve the lives of individuals with disabilities, regardless of age.
The Office of Federal Student Aid administers the systems and products related to providing tens of billions of dollars annually in federal financial aid to millions of students pursuing postsecondary education and training opportunities.

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