There shall be in the Department an Office of Elementary and Secondary Education , to be administered by the Assistant Secretary for Elementary and Secondary Education appointed under section 3412(b) of this title . The Assistant Secretary shall administer such functions affecting elementary and secondary education , both public and private, as the Secretary shall delegate. There shall be within the Office of Elementary and Secondary Education and directly under the supervision of the Assistant Secretary for Elementary and Secondary Education , an Office of Migrant Education, which shall be responsible for the administration of programs established by part C of title I of the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 6391 et seq.] and by subpart 5 of part A of title IV of the Higher Education Act of 1965 [ 20 U.S.C. 1070d–2 ]. ( Pub. L. 96–88, title II, § 204 , Oct. 17, 1979 , 93 Stat. 674 ; Pub. L. 98–511, title VII, § 701(a) , Oct. 19, 1984 , 98 Stat. 2405 ; Pub. L. 103–382, title III, § 391(h) , Oct. 20, 1994 , 108 Stat. 4023 .) Editorial Notes References in Text The Elementary and Secondary Education Act of 1965 , referred to in text, is Pub. L. 89–10 , Apr. 11, 1965 , 79 Stat. 27 . Part C of title I of the Act is classified generally to part C (§ 6391 et seq.) of subchapter I of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables. The Higher Education Act of 1965 , referred to in text, is Pub. L. 89–329 , Nov. 8, 1965 , 79 Stat. 1219 . Subpart 5 of part A of title IV of the Act is classified generally to subpart 5 (§ 1070d–2) of part A of subchapter IV of chapter 28 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. Amendments 1994— Pub. L. 103–382 substituted “part C” for “subpart 1 of part B”. 1984— Pub. L. 98–511 inserted provisions establishing the Office of Migrant Education and specifying its functions. Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Amendment by Pub. L. 98–511 effective Oct. 19, 1984 , see section 711(a) of Pub. L. 98–511 , set out as a note under section 1226c of this title .