Sections
- Duties and Functions of the Deputy Secretary
- Duties and Functions of the Immediate Office of the Deputy Secretary
- Duties and Functions of Subunits in the Office of the Deputy Secretary
I. Duties and Functions of the Deputy Secretary
The Office of the Deputy Secretary, under the leadership of the Deputy Secretary, assists the Secretary in the discharge of Secretarial duties and responsibilities. The Deputy Secretary serves as Acting Secretary in the absence of the Secretary.
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.
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 leads implementation of critical change efforts across the Department.
Additionally, the Deputy Secretary has responsibility for the conduct of the intergovernmental relations of the Department in accordance with 20 U.S.C. 3412(a) (2) (A), the Department of Education Organization Act, as amended.
II. Duties and Functions of the 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.
i. Duties and Functions of the Deputy Secretary’s Chief of Staff
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.
ii. Duties and Functions of the Senior Operations Advisor
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
iii. Duties and Functions of the Senior Policy Advisor
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 educational technology to transform teaching and learning; and ongoing Department priorities, including the Raise the Bar: Lead the World initiative. The Office of Non-Public Education and Office of Educational Technology subunits report directly to the SPA.
iv. Duties and Functions of the Office of Equal Employment Opportunity Services
The mission of the Office of Equal Employment Opportunity Services (OEEOS) is to ensure that the U.S. Department of Education provides equal opportunity in employment for all employees and applicants. OEEOS is under the supervision of a senior official who reports directly to the Deputy Secretary.
OEEOS has the delegated authority:
• To administer the equal employment opportunity program in the Department, in compliance with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq.; the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 621 et seq.; the Equal Pay Act of 1963, as amended, 29 U.S.C. 206(d); Title II of the Genetic Information Nondiscrimination Act of 2008; and applicable regulations.
• For enforcement of nondiscrimination on the basis of disability in programs or activities conducted by the Department, in compliance with Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794 and 34 C.F.R. Part 105.
• To carry out the U.S. Department of Education's responsibilities under the following Executive Orders: (a) 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); (b) Executive Order 13171, “Hispanic Employment in the Federal Government" (Oct. 12, 2000); and, (c) Executive Order 11246, “Equal Employment Opportunity" (Sept. 24, 1965), as amended by Executive Order 13672 (July 21, 2014).
• To serve as the key management advisor to the Secretary, Deputy Secretary and the Assistant Secretary for Finance and Operations regarding EEO matters. 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.
In performing its responsibilities, the Office of Equal Employment Opportunity Services:
• Provides for the prompt, fair, and impartial processing of complaints of discrimination in accordance with EEOC Management Directives; provides counseling for aggrieved individuals; and processes individual and class complaints of discrimination.
• Develops and implements the Department's policies, regulations, and procedures to assure the timely, accurate, and fair processing of all complaints to include issuance of final agency decisions.
• Sets policy and coordinates activities designed to support the use of the alternative dispute resolution (ADR) in the EEO complaints process; and provides guidance and assistance to managers and employees regarding the use of the ADR process in resolving EEO complaints or disputes.
• Ensures that applicants for employment at ED are given notice of applicable rights and remedies under EEO laws.
• Provides advice, guidance, and interpretation on all facets of ED's EEO and diversity programs. Sets policy and develops recommendations to top agency officials as requested.
• Serves as primary focal point for: (1) coordination of all plans and programs pertaining to EEOC Management Directive 715 guidance; (2) development of comprehensive agency-wide affirmative employment plans; and (3) evaluating the sufficiency of the total agency program for equal employment opportunity and reporting to top agency officials with recommendations as to any improvement or correction needed with respect to the obligations of supervisors and managers in the EEO program. This involves the analysis, interpretation, and dissemination of Department-wide EEO workforce data.
• Monitors and reviews personnel policies and staffing activities for EEO implications.
• Supports enforcement of EEO policies and provides training and advice to managers and supervisors to assure understanding of their roles and responsibilities in the EEO process.
• Makes reports and updates available to all agency employees and recognized labor organizations regarding ED's effort in implementing the affirmative equal employment opportunity policy and program and enlists their cooperation.
• Makes written materials available to all employees via email and ED intranet informing them of the variety of EEO programs and administrative and judicial remedial procedures available to them and prominently posts such written notices throughout the workplace.
• Participates at the community level with other agencies, with schools and universities, and with other public or private sector organizations in cooperative action to improve employment opportunities and community conditions that affect employability.
• Provides recognition to employees, supervisors, managers, and principal offices demonstrating superior accomplishment in equal employment opportunity.
Conducts compliance reviews periodically to evaluate the effectiveness of the agency's overall equal employment opportunity effort.
III. Duties and Functions of Subunits in the Office of the Deputy Secretary
i. Office of Management and Planning
The Office of Management and Planning is responsible for the development and implementation of operational policies and procedures related to management and administrative functions, including direction of Office-wide management improvement initiatives. The two components of the Office of Management and Planning are the Executive Office and the Office of Events Management and Partnerships.
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.
ii. 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.
iii. 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.
iv. 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.
v. 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.
vi. 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:
a. Designs formal processes securing cooperation, coordination, and review of program operations to assure maximum participation by private school students.
b. 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.
c. 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.
vii. 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:
a. Recommends policies and programs that uses the transformative power of technology to empower students, teachers, and parents;
b. 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;
c. Supports advances in learning science and efficacy research to improve learning outcomes;
d. Develops, disseminates, and periodically updates a National Education Technology Plan to encourage the development and use of transformative and empowering educational technology;
e. Works with offices across the Department to keep staff and leadership apprised of trends in educational technology and its implications for improving student outcomes; and
f. Collaborates with a diverse group of stakeholders (including local and state education leaders; teachers, librarians, students, and parents; education technology companies and nonprofits; researchers; and other federal offices and agencies) to improve learning outcomes by encouraging the development and use of transformative and empowering educational technology.