Office of the General Counsel

Welcome to the Office of the General Counsel

The Department of Education Organization Act establishes an Office of the General Counsel (OGC), headed by a General Counsel who is appointed by the President and confirmed by the Senate, and whose broad statutory mission is to “provide legal assistance to the Secretary concerning the programs and policies of the Department.” The General Counsel’s statutory responsibility to provide legal services is not limited to the Secretary alone, but generally extends to all other officers and employees of the Department, as they serve the Secretary in carrying out the duties of the Department. In addition to providing legal assistance and performing legal functions, including the provision of legal advice, litigation, and legislative services, OGC is responsible for performing certain law-related management functions, including managing the Department’s ethics program as well as the clearance of its regulatory documents.

The Office of the General Counsel is under the supervision of the General Counsel, who serves as principal adviser to the Secretary on all legal matters affecting Departmental programs and activities. Counsel works across all discipline areas.

In performing its responsibilities, the Office of the General Counsel:

• Provides legal advice and services to the Secretary, Deputy Secretary, and the Principal Officers of the U.S. Department of Education, as well as any other person authorized to request that advice or those services.
• Prepares or reviews for legal form and effect public documents, rules, and Federal Register Notices issued by the Department, and legal instruments entered into by the Department.
• Represents the Secretary, the Department, or any of its officers or units in court or administrative litigation, except for administrative proceedings initiated by the Office for Civil Rights.
• Serves as liaison to other Federal agencies in connection with legal matters involving the Department.
• Drafts legislative proposals originating in the Department and reviews the legal aspects of proposed or pending legislation
• Leads and manages the regulatory function of the Department and drafts selected regulations.
• Prepares or reviews pleadings, briefs, memoranda, and other legal documents for proceedings involving the Department or requested by other Government agencies for use in proceedings, except for administrative proceedings initiated by the Office for Civil Rights.
• Coordinates and manages the Department's ethics program and provides Department-wide ethics advice and training.
• Serves as the Department's Claims Officer under the Federal Tort Claims Act and the Military Personnel and Civilian Employees Claims Act of 1964.

OGC can be reached by phone and or by email. Please allow some time for a response to your email.

• Phone: (202) 401-6000
• Email: OGC.MainPhone@ed.gov