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 headed by an Assistant General Counsel.

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, disability, 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 and other services to individuals with disabilities under the Individuals with Disabilities Education Act and the Rehabilitation Act of 1973, as amended. The Division also provides legal services for education research and improvement programs, as well as programs to provide English language proficient to students who have limited English proficiency.

In performing its responsibilities, the Division:

• In connection with court litigation involving programs it advises, 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, as well as recommending amicus participation in cases affecting Department programs.

• 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, Language Enhancement, and Academic Achievement for Limited English Proficient Students , the Institute of Education Sciences, and for some programs administered by the Office of Innovation and Improvement.

• Drafts or reviews drafts of regulations and other supporting documents, and participates in public hearings necessary for the development of regulations for the Department.

• Provides legal services required by the Department relating to resolution of audit findings, and 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.

The Elementary, Secondary, Adult and Vocational Education Division provides legal services for elementary and secondary education programs (except educational equity programs) administered by the Assistant Secretary for Elementary and Secondary Education, and vocational, adult education, and school to work 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 U.S. Department of Education and other units associated with the Department that perform tasks related to these offices such as the National Institute for Literacy and the National School to Work Office.

• 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 involving programs it advises, 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, and with respect to certain types of cases such as those involving audit determinations, generally takes full responsibility for presentation of the case to the court.

• Drafts or reviews drafts of legislation, regulations, guidance, 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, the collection of claims arising from audits, and cooperative audit resolution and oversight initiatives with other Federal, State and local officials.

The Ethics Division is responsible for counseling current and past Department employees on ethics statutes and regulations, the Hatch Act, and anti-lobbying provisions; reviewing and approving public and confidential financial disclosure statements; financial reports filed by regular and special government employees; reviewing and clearing all requests for approval of outside activity and requests to accept travel expenses from non-Federal sources; training employees on ethics statutes and regulations; and advising the Department on actions necessary to ensure compliance with ethics laws and policies. In addition, the Ethics Division serves as the liaison with the Office of Government Ethics and the Office of the President Counsel on ethics matters.