---
kind: "section"
citation: "20 U.S.C. § 1402"
title: "20"
title_heading: "Education"
number: "1402"
heading: "Office of Special Education Programs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/1402"
units:
  - "Chapter 33 — Education of Individuals with Disabilities"
  - "Subchapter I — General Provisions"
---

# §1402. Office of Special Education Programs

- (a) **Establishment—** There shall be, within the Office of [Special Education](/usc/20/1401.md?p=29) and Rehabilitative Services in the [Department](/usc/20/1221.md?p=c-3) of Education, an Office of [Special Education](/usc/20/1401.md?p=29) Programs, which shall be the principal agency in the [Department](/usc/20/1221.md?p=c-3) for administering and carrying out this chapter and other programs and activities concerning the education of children with disabilities.
- (b) **Director—** The Office established under [subsection (a)](#a) shall be headed by a Director who shall be selected by the [Secretary](/usc/20/1401.md?p=28) and shall report directly to the Assistant [Secretary](/usc/20/1401.md?p=28) for [Special Education](/usc/20/1401.md?p=29) and Rehabilitative Services.
- (c) **Voluntary and uncompensated services—** Notwithstanding [section 1342 of title 31](/usc/31/1342.md), the [Secretary](/usc/20/1401.md?p=28) is authorized to accept voluntary and uncompensated services in furtherance of the purposes of this chapter.

## Source credit

(Pub. L. 91–230, title VI, § 603, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 1402, Pub. L. 91–230, title VI, § 603, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 46, related to the Office of Special Education Programs, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446.

Another prior section 1402, 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, related to the Office of Special Education Programs, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17.