MEMORANDUM

TO: The Assistant Secretary for Elementary and Secondary Education

FROM: The Secretary

SUBJECT: Delegation of Programmatic Authority

I. DELEGATION OF AUTHORITY

Under the authority vested in me by section 412 of the Department of 

Education Organization Act, 20 U.S.C. §3472, I hereby delegate to you, 

your successor in function, and anyone serving for you in an acting 

capacity or delegated to perform the functions and duties of your 

position, the programmatic authorities described in the attached

appendix.

Unless otherwise noted in future delegations of authority, amendments to 

the authorities delegated herein are included in the scope of this 

delegation.

II. RESERVATIONS

Unless otherwise noted in existing or future delegations of authority, the following are 

not delegated:

A. the authority to sign documents for publication in the Federal Register 

other than those documents designated in the blanket delegation of 

authority to sign Federal Register documents to Principal Officers, 

EA/GEN/12, certified on June 15, 2006;

B. the authority to appoint members of advisory councils and fix 

compensation; and

C. unless otherwise provided by law, the authority to submit reports to 

Congress or the President.
III. REDELEGATION

Subject to applicable provisions of law, and unless otherwise noted, you may 

redelegate any of the authorities delegated to you, and may authorize further 

redelegation. All redelegations must be prepared in accordance with the 

Administrative Communications System directive, OM:1-102: Delegations of 

Authority, dated July 29, 2008.

IV. CERTIFICATION AND EFFECTIVE DATE

This delegation is effective upon certification by the Department’s Principal 

Delegations Control Officer. It supersedes all delegations of the authorities 

contained herein.

I hereby ratify actions within the scope of this delegation taken by the addressee 

prior to the date of certification.

________-s-_______________ 

 Arne Duncan

OGC Clearance and Date: 

 Deborah Friendly, 1/30/12

Certified Date: 2/3/12

Departmental Delegations Control Officer: /s/ Bruce Monblatt

Control Number: EA/ES/87
Office of Elementary and Secondary Education

Delegation of Authority 

APPENDIX

The following charts the authority delegated to the Office of Elementary and Secondary 

Education to administer programs authorized under the Elementary and Secondary Education 

Act of 1965, as amended (ESEA), the Higher Education Act of 1965, as amended (HEA), the 

McKinney-Vento Homeless Assistance Act of 1987, as amended (MVHAA), the Civil Rights 

Act of l964, as amended (CRA), the Educational Technical Assistance Act of 2002 (ETAA), the 

Compact of Free Association Amendments Act of 2003, as amended, the Hurricane Education 

Recovery Act (HERA), the Department of Education Organization Act (DEOA), the Education 

Flexibility Partnership Act of 1999, as amended, Pub. L. 95-134, as amended, and the American 

Recovery and Reinvestment Act of 2009, as amended (ARRA).

Statute Description of Delegated Authority

Title I, Section 1003(g) of the ESEA (20 

U.S.C. 6303(g))

School Improvement Fund

Title I, Part A of the ESEA

(20 U.S.C. 6311 et seq.)

Improving Basic Programs Operated by Local 

Educational Agencies

Title I, Part B, Subpart 1 of the ESEA

(20 U.S.C. 6361 et seq.)

Reading First

Title I, Part B, Subpart 2 of the ESEA

(20 U.S.C. 6371 et seq.)

Early Reading First

Title I, Part B, Subpart 3 of the ESEA

(20 U.S.C. 6381 et seq.)

William F. Goodling Even Start Family Literacy 

Programs

Title I, Part B, Subpart 4 of the ESEA 

(20 U.S.C. 6383 et seq.)

Improving Literacy Through School Libraries

Title I, Part C of the ESEA 

(20 U.S.C. 6391 et seq.)

Education of Migratory Children

Title I, Part D of the ESEA 

(20 U.S.C. 6421 et seq.)

Prevention and Intervention Programs for Children 

and Youth Who Are Neglected, Delinquent, or At 

Risk 

Title I, Part E, Section 1502 of the ESEA 

(20 U.S.C. 6492)

Striving Readers (Demonstrations of Innovative 

Practices) 

Title I, Part F of the ESEA 

(20 U.S.C. 6511 et seq.)

Comprehensive School Reform

Title I, Part G, Sections 1701-07 of the 

ESEA

(20 U.S.C. 6531-37)

Advanced Placement Programs

(Access to High Standards Act)
Title I, Part H, Sections 1801-1830 of the 

ESEA

(20 U.S.C. 6551-6561i)

Dropout Prevention Act (High School Graduation 

Initiative)

Title I, Part I of the ESEA

(20 U.S.C. 6571 et seq.)

General Provisions

Title II, Part A, Subparts 1- 4 of the ESEA 

(20 U.S.C. 6601 et seq.)

Teacher and Principal Training and Recruitment 

Fund

Title II, Part A, Subpart 5, Section 2151(e) 

of the ESEA 

(20 U.S.C. 6651(e))

Early Childhood Educator Professional 

Development

Title II, Part B of the ESEA 

(20 U.S.C. 6661 et seq.)

Mathematics and Science Partnerships

Title II, Part C, Subpart 3, Sections 2344 

and 2345 of the ESEA

(20 U.S.C. 6714 and 6715)

Civic Education

Title II, Part D, Subpart 1 of the ESEA 

(20 U.S.C. 6761 et seq.)

State and Local Technology Grants

Title III, Part A, Subparts 1 and 2, Sections

3111-3129, and Part C, Sections 3301, 

3302, and 3304 of the ESEA 

(20 U.S.C. 6821-6849 and 7011, 7012, and 

7014)

Formula Grants to States

Title III, Part A, Subpart 1, Section

3111(c)(1)(B) of the ESEA

(20 U.S.C. 6821(c)(1)(B)) 

Outlying Areas Program 

Title IV, Part A of the ESEA

(20 U.S.C. 7101-7103, 7111-7117, 7131-

7140, 7151 and 7161-7165)

Safe and Drug-Free Schools and Communities 

Title IV, Part B of the ESEA 

(20 U.S.C. 7171-7176 )

21st Century Community Learning Centers

Title IV, Part C of the ESEA

(20 U.S.C. 7181-7184) Environmental Tobacco Smoke (Pro-Children Act) 

Title V, Part A of the ESEA 

(20 U.S.C. 7201 et seq.)

Innovative Programs

Title V, Part D, Subpart 1 of the ESEA 

(20 U.S.C. 7243-7243c)

Teacher Incentive Fund; Literacy Initiative (funded 

under the Department of Education’s FY 2012 

appropriation) Rescinded on June 13, 2014 with 

authority given to OII

Title V, Part D, Subpart 2 of the ESEA

(20 U.S.C. 7245)

Elementary and Secondary School Counseling 

Programs 

Title V, Part D, Subpart 3 of the ESEA

(20 U.S.C. 7247)

Partnerships in Character Education 

Title V, Part D, Subpart 4 of the ESEA

(20 U.S.C. 7249)

Smaller Learning Communities
Title V, Part D, Subpart 6 of the ESEA

(20 U.S.C. 7253 et seq.)

Gifted and Talented Students

Title V, Part D, Subpart 10 of the ESEA

(20 U.S.C. 7261-7261f)

Physical Education (Carol M. White Physical 

Education Program)

Title V, Part D, Subpart 14, Section 5541 

of the ESEA 

(20 U.S.C. 7269)

Grants for the Integration of Schools and Mental 

Health Systems 

Title V, Part D, Subpart 14, Section 5542 

of the ESEA 

(20 U.S.C. 7269a)

Promotion of School Readiness through Early 

Childhood Emotional and Social Development 

(Foundations for Learning Grants)

Title V, Part D, Subpart 17, Section 5571 

of the ESEA 

(20 U.S.C. 7275)

Combatting Domestic Violence

Title V, Part D, Subpart 18, Sections 5581-

5586 of the ESEA 

(20 U.S.C. 7277-7277e)

Healthy, High-Performance Schools

Title V, Part D, Subpart 20 of the ESEA 

(20 U.S.C. 7281 et seq.)

Additional Assistance for Certain Local Educational 

Agencies Impacted by Federal Property Acquisition

Title VI, Part A, Subpart 1, Section 6111 of 

the ESEA 

(20 U.S.C. 7301)

Grants for State Assessments and Related Activities

Title VI, Part A, Subpart 1, Section 6112 of 

the ESEA 

(20 U.S.C. 7301a)

Grants for Enhanced Assessment Instruments

Title VI, Part A, Subpart 2 of the ESEA 

(20 U.S.C. 7305 et seq.)

Funding Transferability for State and Local 

Educational Agencies

Title VI, Part A, Subpart 3 of the ESEA 

(20 U.S.C. 7311 et seq.)

State and Local Flexibility Demonstration

Title VI, Part B of the ESEA 

(20 U.S.C. 7341 et seq.)

Rural Education Initiative

Title VII, Part A, Subpart 1,

Sections 7111-19 of the ESEA 

(20 U.S.C. 7421-29)

Indian Education Formula Grants to Local 

Educational Agencies

Title VII, Part A, Subpart 2, 

Sections 7121-22 of the ESEA

(20 U.S.C. 7441-42)

Special Programs and Projects to Improve 

Educational Opportunities for Indian Children

Title VII, Part A, Subpart 3,

Sections 7131-36 of the ESEA

(20 U.S.C. 7451-56)

Indian Education National Activities

Title VII, Part A, Subpart 4,

Sections 7141-44 of the ESEA

(20 U.S.C. 7471-74)

Indian Education Federal Administration 

Title VII, Part B of the ESEA Native Hawaiian Education
(20 U.S.C. 7511 et seq.)

Title VII, Part C of the ESEA 

(20 U.S.C. 7541 et seq.)

Alaska Native Education

Title VIII of the ESEA 

(20 U.S.C. 7701 et seq.)

Impact Aid

Title IX, Parts A-E of the ESEA

(20 U.S.C. 7801 et seq.)

General Provisions – Coordination of State and 

Local Programs; Consolidated State and Local Plans 

and Applications

Title IX, Part E, Section 9532 of the ESEA 

(20 U.S.C. 7912)

Unsafe School Choice Option 

Sections 1113(a)(7), 9401, and 9521(c)

of the ESEA

(20 U.S.C. 6313(a)(7), 7861, and 7901(c))

Authority to grant waivers

Title IV, Section 418A of the HEA

(20 U.S.C. 1070d-2)

Special Programs for Students Whose Families are 

Engaged in Migrant and Seasonal Farm Work

Title VII, Subtitle B of the MVHAA

(42 U.S.C. 11431-11435)

Education for Homeless Children and Youth

Title IV of the CRA

(42 U.S.C. 2000c, 2000c-2, and 2000c-5)

Desegregation of Public Education – Training and 

Advisory Services

Title II, Section 203 of the ETAA

(20 U.S.C. 9602)

Comprehensive Centers

Pub. L. 106-25, as amended

(20 U.S.C. 5801 et seq.)

The Education Flexibility Partnership Act of 1999,

as amended

Section 105(f)(1)(B)(iii) of Pub. L. 108-

188 (Compact of Free Association 

Amendments Act of 2003, as amended) 

(48 U.S.C. 1921d(f)(1)(B)(iii))

Supplemental Education Grants

HERA (Pub. L. 109-148), Title IV, Subtitle 

A

Section 102

Section 106

Section 107

Immediate Aid to Restart School Operations

Assistance for Homeless Youth

Temporary Emergency Impact Aid for Displaced 

Students

Title V, Pub. L. 95-134, as amended

(48 U.S.C. 1469a)

Consolidated Grants to Insular Areas

Section 206 of the DEOA 

(20 U.S.C. 3416)

Unified Approach to Rural Education and Rural 

Family Education through the Center for Rural 

Education

Sections 14005 and 14006 of the ARRA 

(Pub. L. 111-5), as amended by Section 

1832(b) of the Department of Defense and 

Full-Year Continuing Appropriations Act, 

2011 (Pub. L. 112-10)

Race to the Top-Early Learning Challenge
The Secretary has also delegated to Principal Officers certain administrative authorities subject 

to specified reservations.