UNITED STATES DEPARTMENT OF EDUCATION

THE SECRETARY

MEMORANDUM

TO: The Assistant Secretary

for Civil Rights

FROM:The Secretary

SUBJECT: Primary Delegation of Authority

I.DELEGATION

Under the authority vested in me by section 412 of the Department of Education Organization Act (the Act), Pub. L. 96-88, 20 U.S.C. 3472, I hereby delegate to you, to your successor in function, or to anyone serving for you in an acting capacity, the authority to conduct enforcement functions described in the attached appendix. This delegation includes all powers necessary to effectuate these enforcement functions including, but not limited to, the conduct of investigations, the conduct of negotiations to secure voluntary compliance, the determination that voluntary compliance cannot be achieved, the evaluation and acceptance or rejection of corrective actions plans, and the conduct of enforcement activities.

Unless otherwise noted in future delegations of authority, legislative amendments to the authority delegated herein are included within the scope of this delegation.

  1. RESERVATIONS

Unless otherwise noted in existing or future delegations of authority, the following are not delegated:

  1. the authority to sign documents for publication in the Federal Register other than those documents designated in the blanket delegation of authority to sign Federal Register documents to Principal Officers, EA/GEN/4, certified on April 7, 2000;
  1. the authority to enter into contracts or other arrangements, except as provided by section 203(c) (3) of the Act;
  1. the authority to appoint members of advisory councils and fix compensation; and
  1. unless otherwise provided by law, the authority to submit reports to Congress or the President.

Page 2 – OCR Delegation of Authority

  1. REDELEGATION
  1. Unless otherwise noted, you may redelegate the authorities delegated to you and may authorize further redelegation. All redelegations must be prepared in accordance with the Administrative Communications System directive, OM:1-102: Delegations of Authority.
  1. CERTIFICATION AND EFFECTIVE DATE

This delegation is effective upon certification by the Department’s Principal Delegations Control Officer and supersedes delegations EA/EC/1 and EA/EC/180.

I hereby ratify actions within the scope of this delegation taken by the Assistant Secretary for Civil Rights prior to the date of certification.

______/s/______

Rod Paige

OGC Clearance and Date: /s/ David Berthiaume, 4/05/2004

Certified Date: 4/14/2004

Departmental Delegations Control Officer: /s/ Naty G. Beetle

Control Number: EA/EC/227

Page 3 – OCR Delegation of Authority

Office for Civil Rights

Delegation of Authority

Appendix A

Statute / Description of Delegated
Authority / Specific Reservations,
If any
Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, etseq.
Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681, etseq.
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794
The Age Discrimination Act, 42 U.S.C. 6101
Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. 12131-12134 As delegated to the Department by the Attorney General under the Title II implementing regulation, 28 C.F.R. 35.190(b) (2)
Section 9525 of the Elementary and Secondary Education Act of 1965, as amended, Boys Scouts of America Equal Access Act, 20 U.S.C. 7905