Page:Annual Report- U.S. Department of Education (IA annualreportusde00unit 0).pdf/8

 more than 160 large and small education and civil rights programs were scattered in various departments and agencies in the nation's capital. The larger ones were housed in the Department of Health, Education, and Welfare (the Office of Education and the Office for Civil Rights) and the Department for Defense (Overseas Military Dependents' Schools).

The Office of Education had become a stepchild in the Department of Health, Education, and Welfare. The Health and Welfare components dwarfed it in size and consumed almost all of the HEW Secretary's time. A regulatory jungle enmeshed programs managed by multiple agencies. The rapid turnover of Commissioners of Education compounded managerial difficulties. Without a Cabinet-level Secretary, meaningful communications with foreign ministries of education were greatly hampered.

The idea of creating a Cabinet-level Department of Education had been brewing for many years. But it took a combination of circumstances to bring that idea to fruition: strong leadership by President Carter and Vice President Mondale, bipartisan leadership and support in the Congress, and the pressing reality of the need. All three coincided in 1979, and the act authorizing the creation of the Department of Education was signed on October 17, 1979.

President Carter announced his nomination of Shirley M. Hufstedler as the first Secretary of Education on October 29, 1979. The Senate confirmed the nomination on November 30, 1979. The authorizing legislation required that transition of programs and personnel to the Department be completed not later than 180 days from the date the Secretary took office (December 6, 1980)—except for phasing in the Overseas Dependents' Schools. Instead, the transition process was completed, and the Department's doors formally opened on May 4, 1980—a full month ahead of schedule and well below estimated cost. Transition costs were met entirely with monies already allocated for ongoing administration. No additional funds were requested or appropriated to carry out the many transition responsibilities.

Immediately upon confirmation, the Secretary assembled transition teams and undertook a nationwide search for outstanding nominees for the top positions in the new Department. Recruitment and placement of 67 senior officials were completed by September 1980. Pursuing President Carter's strong commitment to affirmative action, over 60 percent of the Assistant Secretaries and other top officials were women and minorities—with no concessions on quality. The Department set the same high standards for appointments to councils, most notably the new Intergovernmental Advisory Council on Education.

Transition required the transfer of 8,002 employees and 160 programs from the Department of Health, Education, and Welfare and 4 other federal agencies. The Secretary's transition teams, composed of knowledgeable persons both inside and outside the government, found appropriate homes within the departmental structure for them all. Agreements for space were negotiated with the affected existing agencies, with the General Services Administration, and with the Congress. The Department's proposed fiscal year (FY) 1981 budget was prepared for presidential consideration, and the President's budget was defended before the Congress.

The First Year of the Department

Agenda for Legislative Action.—In 1980, the Department of Education had a significant legislative agenda. In addition to complicated and continual work on appropriations, the Department assumed responsibility for reauthorization of the Higher Education Act, as part of the Education Amendments of 1980. Working closely with the President, key members of the Congress, and affected interest group, it helped bring the Amendments to passage. President Carter signed the Amendments into law in October 1980.

The Department also assumed the responsibility for developing and presenting the President's major domestic initiative of 1980: The Youth Act.