1995 U.S. Code
Title 20 - EDUCATION
CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER I - GENERAL PROVISIONS
Sec. 1402 - Office of Special Education Programs

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§1402. Office of Special Education Programs (a) Establishment; purposes

There shall be, within the Office of Special Education and Rehabilitative Services in the Department of Education, an Office of Special Education Programs which shall be the principal agency in the Department for administering and carrying out this chapter and other programs and activities concerning the education and training of individuals with disabilities.

(b) Deputy Assistant Secretary: selection and supervision, compensation; Associate Deputy Assistant Secretary and minimum number of assistants: establishment, compensation

(1) The office established under subsection (a) of this section shall be headed by a Deputy Assistant Secretary who shall be selected by the Secretary and shall report directly to the Assistant Secretary for Special Education and Rehabilitative Services. The position of Deputy Assistant Secretary shall be in grade GS–18 of the General Schedule under section 5104 of title 5, and shall be a Senior Executive Service position for the purposes of section 3132(a)(2) of such title.

(2) In addition to such Deputy Assistant Secretary, there shall be established in such office not less than six positions for persons to assist the Deputy Assistant Secretary, including the position of the Associate Deputy Assistant Secretary. Each such position shall be in grade GS–15 of the General Schedule under section 5104 of title 5.

(Pub. L. 91–230, title VI, §603, Apr. 13, 1970, 84 Stat. 177; Pub. L. 93–380, title VI, §612(a), Aug. 21, 1974, 88 Stat. 579; Pub. L. 98–199, §3(a), Dec. 2, 1983, 97 Stat. 1357; Pub. L. 101–476, title IX, §901(b)(21), Oct. 30, 1990, 104 Stat. 1143; Pub. L. 102–119, §25(b), Oct. 7, 1991, 105 Stat. 607.)

Amendments

1991—Pub. L. 102–119 amended directory language of Pub. L. 101–476. See 1990 Amendment note below.

1990—Subsec. (a). Pub. L. 101–476, as amended by Pub. L. 102–119, substituted “individuals with disabilities” for “the handicapped”.

1983—Pub. L. 98–199 substituted provisions respecting establishment of Office of Special Education Programs within the Office of Special Education and Rehabilitative Services in the Department of Education, including executive personnel thereof for provisions designating a bureau for education and training of handicapped within the Office of Education, including executive personnel consisting of a Deputy Commissioner of Education, appointed and supervised by the Commissioner, and an Associate Deputy Commissioner and four assistantships, and providing for compensation of such personnel under the General Schedule.

1974—Pub. L. 93–380 designated existing provisions as subsec. (a) and added subsec. (b).

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–476 effective Oct. 1, 1990, see section 1001 of Pub. L. 101–476, set out as a note under section 1087ee of this title.

Effective Date of 1983 Amendment

Amendment by Pub. L. 98–199 effective Dec. 2, 1983, see section 18 of Pub. L. 98–199, set out as a note under section 1401 of this title.

Effective Date of 1974 Amendment

Section 612(b)(2) of Pub. L. 93–380 provided that: “The amendments made by subsection (a) [amending this section] shall become effective upon the enactment of this Act [Aug. 21, 1974].”

References in Other Laws to GS–16, 17, or 18 Pay Rates

References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

Deputy Commissioner and Associate Deputy Commissioner of Education and Other Assistants; Additional Positions

Section 612(b)(1) of Pub. L. 93–380, as amended by Pub. L. 94–482, title V, §501(a)(11), Oct. 12, 1976, 90 Stat. 2235; Pub. L. 101–476, title IX, §901(a)(3), Oct. 30, 1990, 104 Stat. 1142, provided that: “The positions created by subsection (b) of section 603 of the Individuals with Disabilities Education Act [subsec. (b) of this section] shall be in addition to the number of positions placed in the appropriate grades under section 5108 of title 5, United States Code and such positions shall be in addition to, and without prejudice against, the number of positions otherwise placed in the Office of Education [now Department of Education] under such section 5108 or under other law. Nothing in this section shall be deemed as limiting the Commissioner [now Secretary of Education] from assigning additional General Schedule positions in grades 16, 17, and 18 to the Bureau should he determine such additions to be necessary to operate programs for educating handicapped children authorized by this Act [see Short Title note for Pub. L. 93–380, set out under section 6301 of this title].”

[Provision effective on and after sixtieth day after Aug. 21, 1974, see section 2(c) of Pub. L. 93–380, set out as an Effective Date note under section 1221–1 of this title.]