**UNITED STATES DEPARTMENT OF EDUCATION**

# THE SECRETARY

TO:The Assistant Deputy Secretary and Director

Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students

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, Public Law 96-88, 20 U.S.C. 3472, as amended, I hereby delegate to you, your successor in function, and to anyone serving for you in an acting capacity, the programmatic authorities described in the attached appendix. 

Unless otherwise noted in future delegations of authority, amendments to the authorities delegated herein are included within 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 issued to Principal Officers, EA/GEN/12, certified on June 15, 2006;

B. The authority to appoint, and fix compensation of, members of advisory councils; and

C. Unless otherwise provided by law, the authority to submit reports to Congress or the President.

Page 2 – Delegation of Programmatic Authority

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.

IV.CERTIFICATION AND EFFECTIVE DATE

This delegation is effective upon certification by the Department's Principal Delegations Control Officer.  Except for necessary close out, servicing, or continuation activities related to the programs not listed in the Appendix for which authority was previously delegated, this delegation supersedes delegation EA/ET/55.

I hereby ratify actions within the scope of this delegation taken by you prior to the date of certification.

                                              ____________/s/______________ 

Arne Duncan

OGC Clearance and Date:  /s/ David Berthiaume, 2/17/2009

Certified Date:  4/21/2009

Departmental Delegations Control Officer:  /s/ Naty G. Beetle

Control Number:  EA/ET/60

Page 3 – Delegation of Authority

Office of English Language Acquisition

Delegation of Authority

APPENDIX

ESEA – Elementary and Secondary Education Act of 1965, as amended 

NCLB – No Child Left Behind Act of 2001 (P.L. 107-110)

## Programs Authorized Under the Bilingual Education Act, Title VII of the ESEA, as amended

Continuation Awards to Recipients Funded Under Subparts 1 and 3 of Part A of Title VII, as in effect prior to the enactment of the NCLB, P.L. 107-110 Sec. 3111(c)(2) (A)(i), 20 U.S.C. 6821(c)(2)(A)(i).

# Programs Authorized Under The No Child Left Behind Act

TITLE III:

Part A – English Language Acquisition, Language Enhancement, and Academic Achievement Act

· Native American and Alaskan Native Children in School Program, 20 U.S.C. 6822, Sec. 3112

· National Professional Development Project, 20 U.S.C. 6861, Sec. 3131

· National Clearinghouse for English Language Acquisition, 20 U.S.C. 7013, Sec. 3303

Part B – Improving Language Instruction Educational Programs

· Program Enhancement Activities, 20 U.S.C. 6912, Sec. 3212

· Comprehensive School and System-wide Improvement Activities Grants, 20 U.S.C. 6913, Sec. 3213

· Research Activities, 20 U.S.C. 6932, Sec. 3222

· Academic Excellence Awards, 20 U.S.C. 6933, Sec. 3223

· State Grant Program, 20 U.S.C. 6934, Sec. 3224

· Instructional Materials Development, 20 U.S.C. 6935, Sec. 3225

· Professional Development Grants, 20 U.S.C. 6951, Sec. 3231

· Emergency Immigrant Education Program, 20 U.S.C. 6961-6968, Sec. 3241-3248

TITLE V:

Subpart 9, The Foreign Language Assistance Act of 2001, 20 U.S.C. 7259, Sec. 5491

· Foreign Language Assistance Program, 20 U.S.C. 7259a, Sec. 5492

· Foreign Language Incentive Program, 20 U.S.C. 7259c, Sec. 5494