An Overview of the U.S. Department of Education
June 2002


Table of Contents

1.  What Is the U.S. Department of Education?
2.  What Does the Department of Education Do?
3.  What the Department of Education Does NOT Do
4.  How Is the Department of Education Organized?
5.  Where Is the Department of Education?
6.  For More Information



What Is the U.S. Department of Education?

The U S. Department of Education is the agency of the federal government that establishes policy for, administers, and coordinates most federal assistance to education. It assists the president in executing his education policies for the nation and in implementing laws enacted by Congress. The Department's mission is to serve America's students -- to ensure that all have equal access to education and to promote excellence in our nation's schools.

When Congress passed Public Law 96-88 in 1979, creating the Department, it declared these purposes:

Although the Department is a relative newcomer among cabinet-level agencies, its history goes back to 1867, when President Andrew Johnson signed legislation creating the first Department of Education. Its main purpose was to collect information and statistics about the nation's schools. However, many people feared the Department would exercise too much control over local schools and called for its abolition. Thus, the new Department was demoted to an Office of Education in 1868.

Over the years, the office remained relatively small, operating under different titles and housed in various government agencies, including the U.S. Department of the Interior and the former U.S. Department of Health, Education, and Welfare (now the U.S. Department of Health and Human Services).

Beginning in the 1950s, political and social changes resulted in expanded federal funding of education. The successful launch of the Soviet Union's spaceship Sputnik in 1957 spurred nationwide concern that led to an increase in aid for science education programs. The 1960s saw even more expansion in federal aid to education: President Lyndon Johnson's "War on Poverty" called for the creation of many programs to improve education for poor students at all levels -- from elementary through college. The expansion of programs continued in the 1970s with national efforts to help racial minorities, women, people with disabilities, and non-English-speaking students gain equal access to education. In October 1979, Congress passed the U.S. Department of Education Organization Act, and in May 1980, the new agency began operations.

In the 1860s, a budget of $15,000 and four employees handled education fact-finding. By 1965, the Office of Education employed more than 2,113 persons with a budget of $1.5 billion. As of early 2002, the U.S. Department of Education has about 4,800 employees and a budget of $54.5 billion.


What Does the Department of Education Do?

In fulfilling the purposes described by Congress, the Department engages in four major types of activities.

1. The Department of Education —
establishes policies relating to federal financial aid for education, administers distribution of those funds, and monitors their use.

Like most federal activities, Department of Education programs must first be authorized by Congress and signed into law by the president. The Department then develops regulations that determine exactly how a program will be operated. These regulations are published in the Federal Register for public comment and reviewed by Congress. Congress must also vote to appropriate the amount of money that each program will receive annually.

The Department distributes financial aid to eligible applicants throughout the nation for elementary, secondary, and college education; for the education of individuals with disabilities and of those who are illiterate, disadvantaged, or gifted; and for the education of immigrants, American Indians, and people with limited English proficiency. Federal funds for education are distributed using three methods: a set formula, competition, and financial need.

By formula: Some programs follow a formula prescribed in the bill approved by Congress authorizing that program. Such a program might be set up so that qualified agencies receive an amount of money that is determined by the number of students meeting certain criteria in that state or school district. For example, under the Individuals with Disabilities Education Act, the Department allocates nearly $417 million to the states under the grants for infants and families program to help them provide early intervention services for children with disabilities birth through age two, based on the number of children in each state in that age range.

By competition: Federal money is also awarded on the merit of competitive applications. Applicants are ranked in order of merit, and the most qualified applicants are awarded funds. Those eligible for such funding include state and local education agencies; school districts; education partnerships (programs jointly sponsored by education institutions and the private sector); college and universities; individual researchers; and community-based organizations, such as nonprofit agencies.

By financial need: The third basis on which federal money is awarded is based on financial need. Postsecondary students applying for grants, loans, and fellowships for undergraduate and graduate studies must prove family financial need according to established guidelines.

2. The Department of Education—
collects data and oversees research on America's schools and disseminates this information to educators and the general public.

The Department oversees research on most aspects of education; collects data on trends; and gathers information to help identify approaches, ideas, and teaching techniques that work. Employees of the Department, as well as contractors and grant recipients, carry out the research.

Research findings and statistics are disseminated to educators, policymakers, parents, and the general public in the form of reports and publications -- both printed and online. Recent publications have discussed school safety, helping children become readers, the use of technology in education, the latest national assessments of educational progress, and much more.

3. The Department of Education—
identifies the major issues and problems in education and focuses national attention on them.

The Department makes recommendations for education reform. The secretary advises the president in this regard and leads the Department in implementing the president's education policies in many arenas -- from the preparation of legislative proposals for Congress to decisions about education research priorities. Of vital importance in formulating and implementing policies is the Department's close work with a variety of advisory groups and organizations composed of citizens from all walks of life who have an interest and expertise in education and who provide significant ideas on key policies and programs.

In addition, the secretary brings national attention to education issues by giving speeches, writing articles for publication, addressing the press and the media, and making personal appearances. The Department further highlights education issues by sponsoring and participating in national conferences and other activities. Some of these programs include the President's Education Awards Program, the Presidential Scholars Program, Back-to-School activities and satellite town meetings, as well as special events and ceremonies to honor teachers or students.

4. The Department of Education—
enforces federal statutes prohibiting discrimination in programs and activities receiving federal funds and ensures equal access to education for every individual.

The Department enforces five civil rights statutes that ensure equal educational opportunity for all students, regardless of race, color, national origin, sex, disability, and age. These laws extend to all state education agencies, elementary and secondary school systems, colleges and universities, vocational schools, proprietary schools, state and vocational rehabilitation agencies, libraries, and museums that receive U.S. Department of Education funds. Specific examples of those whose rights are protected include homeless children with disabilities, individuals with limited English proficiency, women and girls in athletic programs, and persons in need of vocational rehabilitation.


What the Department of Education Does NOT Do

Under the Tenth Amendment of the U.S. Constitution: "The powers not delegated to the United States by the constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Nothing specific is said about education in the Constitution; therefore it falls outside federal authority.

In creating the Department of Education, Congress made clear its intention that the secretary of education and other Department officials be prohibited from exercising "any direction, supervision, or control over the curriculum program of instruction, administration, or personnel of any educational institution, school, or school system." The establishment of schools and colleges, the development of curricula, the setting of requirements for enrollment and graduation -- these are responsibilities handled by the various states and communities, as well as by public and private organizations of all kinds, not by the U.S. Department of Education.


How Is the Department of Education Organized?

The secretary of education leads the Department and promotes public understanding of the Department's goals and objectives. As a member of the president's cabinet, the secretary is the principal advisor to the president on federal policies, programs, and activities related to education in the United States. The secretary is nominated by the president and must be confirmed by the Senate.

The deputy secretary and the under secretary aid the secretary in the overall management of the Department. In addition, the secretary appoints an assistant secretary to oversee each of the eight program offices (see list below).

The Office of General Counsel provides legal services to the secretary and other Department officials, prepares regulatory documents, and coordinates the regulatory review process. The Office of the Inspector General audits and investigates Department programs and operations in order to detect and prevent fraud, waste, and abuse.

The Office of Public Affairs supports the secretary in public information functions and in providing useful information about education and related opportunities to the media, students, parents, and communities. External relations are handled by the Office of Legislation and Congressional Affairs, which serves as the Department's liaison to Congress, and the Office of Intergovernmental and Interagency Affairs, which serves as liaison to state and local agencies, as well as other federal agencies.

The Planning and Evaluation Service engages in program evaluations, strategic planning, and policy analysis and works closely with the Budget Service. Department operations are handled by the Office of Management, the Office of the Chief Financial Officer, and the Office of the Chief Information Officer.

There are eight program offices:

  1. The Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students (www.ed.gov/offices/OELA/) administers programs designed to enable students with limited English proficiency to become proficient in English and meet challenging state academic content and student achievement standards.

  2. The Office for Civil Rights (www.ed.gov/offices/OCR/) enforces federal statutes that prohibit discrimination in educational programs and activities receiving federal financial assistance.

  3. The Office of Educational Research and Improvement (www.ed.gov/offices/OERI/) supports research and demonstration projects to improve education; collects and analyzes education statistics; disseminates information on research findings and education statistics; and provides technical assistance to those working to improve education.

  4. The Office of Elementary and Secondary Education (www.ed.gov/offices/OESE/) provides leadership, technical assistance, and financial support to state and local education agencies for the maintenance and improvement of both public and private preschool, elementary, and secondary education. OESE administers programs designed to advance the academic opportunities of the nation's neediest children.

  5. The Office of Postsecondary Education (www.ed.gov/offices/OPE/) is responsible for formulating federal postsecondary education policy and administering grant programs and other initiatives that provide assistance to postsecondary education institutions for reform, innovation, and improvement. OPE is also responsible for the accrediting agency recognition process and for coordinating with the states on matters that affect institutional participation in federal financial assistance programs.

  6. The Office of Special Education and Rehabilitative Services (www.ed.gov/offices/OSERS/) supports programs designed to educate children with special needs; provides for the rehabilitation of youths and adults with disabilities; and supports research to improve the lives of individuals with disabilities, regardless of age.

  7. The Office of Federal Student Aid (www.ed.gov/offices/OSFAP/) administers the systems and products related to providing billions of dollars annually in federal financial aid to millions of students pursuing postsecondary education and training opportunities. The office provides information and forms for students applying for loans, grants, and work-study funds, as well as technical information for financial aid administrators, lending institutions, auditors, and others in the field. In 1998, this office became the first performance-based organization in the federal government, with increased accountability for results and greater flexibility in operations.

  8. The Office of Vocational and Adult Education (www.ed.gov/offices/OVAE/) supports a wide range of programs and activities that prepare people for employment and that provide adults with basic skills necessary to obtain a high school diploma or the equivalent.

Where Is the Department of Education?

The headquarters and most operations are in Washington, D.C., where the staff of approximately 3,480 occupies parts of several different buildings. The main building where the secretary's office is located is Federal Office Building 6 at 400 Maryland Avenue, SW. Additionally, there are 1,360 employees who work in 10 regional offices around the country, each headed by a secretary's regional representative. These offices represent the Department's programs and interests on a regional basis.


For More Information

In Washington, D.C., the Department's U.S. Postal Service address is:

U.S. Department of Education
Washington, D.C. 20202

Or, you can contact the Department by telephone or via the Internet at:

Phone: (202) 401-2000
TDD Toll-free Phone: (800) 437-0833
Web site: www.ed.gov

Below is contact information for the 10 regional offices:

Region I
Region II
Region III
Region IV
Region V
Region VI
Region VII
Region VIII
Region IX
Region X


Last Modified: 10/15/2007