Functional Statements > Office               of the General Counsel

## Program Service 

The  Program Service is under the direction of a Deputy General Counsel who reports The  Program Service is under the direction of a Deputy General Counsel who reports  directly to the General Counsel. The Deputy General Counsel supervises and  coordinates the work of three Divisions, each of which is headed by an  Assistant General Counsel: - Educational Equity and Research Division , and
-  Education Programs Division .                                   
****Educational Equity and Research Division  
The  Educational Equity and Research Division assists the General Counsel in  providing legal assistance to the Secretary and Deputy Secretary in connection  with the civil rights enforcement activities of the Department pertaining to  race, national origin, sex, handicap, and age discrimination. The Division also  provides legal assistance to Department officials in connection with the  administration of equal educational opportunity programs, including those  related to the provision of educational services to handicapped individuals  under the Education of the Handicapped Act and the Rehabilitation Act of 1973,  as amended.   The  Division also provides legal services for research and information programs  administered by the Director, Institute for Education Sciences.   In  performing its responsibilities, the Division:                         - Provides       services required by the Department in connection with civil rights court       litigation, in close consultation with the Office for Civil Rights,       including the development of litigation positions, preparation of       documents for submission in court, and explanation of cases to the       Department of Justice, and reviews of requests to the Department of       Justice for United States participation as amicus curiae in civil rights       litigation (This does not preclude the Inspector General from performing       that officer's functions under Section 4(d) of the Inspector General Act       of 1978.). 
- Provides       formal and informal legal advice to the Office of the Secretary, the       Office of Special Education and Rehabilitative Services, the Office of English       Language Acquisition, Institute for Education Sciences, and--with respect       to Title IV of the Civil Rights Act and the Women's Educational Equity Act       Program and Magnet Schools Assistance Program--the Office of Elementary       and Secondary Education. 
- Drafts       or reviews drafts of legislation, regulations, preambles, responses to       public comment, and other supporting documents, and participates in public       hearings necessary for the development of regulations for the Department. 
- With       respect to equal educational opportunity programs, provides legal services       required by the Department relating to the conduct of administrative       proceedings (such as audit appeals and limitation, termination, and       suspension proceedings), including presentation of cases before       Administrative Law Judges, or other responsible presiding officers. 

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****Education  Programs Division
The  Education Programs Division provides legal services for elementary and  secondary education programs (except educational equity programs) administered  by the Assistant Secretary for Elementary and Secondary Education, the Chapter  I program for State institutions for handicapped children, and vocational and  adult education programs administered by the Assistant Secretary for Vocational  and Adult Education. 
  In  performing its responsibilities for these programs, the Division: - Provides       formal and informal legal advice to various units in the Office of the       Secretary, the Office of Elementary and Secondary Education, the Office of       Vocational and Adult Education, and other units within the Department. 
- Provides       all legal services required by the Department relating to the preparation       and defense of decisions in enforcement actions (such as audit, withholding,       and cease and desist proceedings), including presentation of cases before       administrative tribunals of the Department of Education, and, in       particular, the Office of Administrative Law Judges. 
- In       connection with court litigation, provides all services required by the       Department, including working with the Department of Justice, preparation       of documents for submission to the court, and development of litigation       positions; with respect to certain types of cases such as those involving       audit determinations, takes full responsibility for presentation of the       case to the court (This does not preclude the Inspector General from       performing that officer's functions under Section 4(d) of the Inspector       General Act of 1978.). 
- Drafts       or reviews drafts of legislation, regulations, preambles, responses to       public comment, and other supporting documents, and participates in public       hearings necessary for the development of regulations for the Department. 
- Provides       technical assistance to State and local grantees on legal matters arising       from these programs. 
- Provides       advice and serves as a special resource in the Department on matters       dealing with assistance to private school children under Federal aid to       education programs and the collection of claims arising from audits.

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  Last Modified: 02/10/2021