Official Summaries

Protecting Students with Disabilities Act

This bill prohibits the use of appropriated funds to eliminate the Department of Education's (ED's) oversight of the Individuals with Disabilities Education Act (IDEA). (The IDEA authorizes grant programs that support special education and early intervention services for children with disabilities. Currently, the IDEA is administered by the Office of Special Education Programs in the Office of Special Education and Rehabilitative Services in ED.)

Specifically, the bill prohibits the use of appropriated funds to eliminate, consolidate, or otherwise restructure any office within ED that administers or enforces programs under the IDEA.

Further, appropriated funds may not be used to (1) terminate, reassign, or alter the responsibilities of any personnel of any such office; or (2) contract with, or delegate to, any entity outside of ED to administer or enforce IDEA programs.

(On March 20, 2025, President Donald Trump signed an executive order titled Improving Education Outcomes by Empowering Parents, States, and Communities, calling for the closure of ED and giving authority over education to the states. Further, the Trump Administration has announced plans to transfer ED's oversight of services for students with disabilities to the Department of Health and Human Services.)

Current Full Text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2333 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 2333

To prohibit the use of appropriated funds to eliminate, consolidate, or 
  otherwise restructure any office within the Department of Education 
   that administers or enforces programs under the Individuals with 
          Disabilities Education Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 2025

 Mr. Mannion (for himself, Mrs. Hayes, and Mrs. McBath) introduced the 
 following bill; which was referred to the Committee on Education and 
                               Workforce

_______________________________________________________________________

                                 A BILL


 
To prohibit the use of appropriated funds to eliminate, consolidate, or 
  otherwise restructure any office within the Department of Education 
   that administers or enforces programs under the Individuals with 
          Disabilities Education Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Students with 
Disabilities Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Section 1402 of the Individuals with Disabilities 
        Education Act explicitly states that the Office of Special 
        Education Programs shall be housed within the Department of 
        Education and tasked with administering and carrying out 
        programs and activities concerning the education of children 
        with disabilities.
            (2) The executive branch does not have the unilateral 
        authority to alter this statutory framework. This Act reaffirms 
        Congress's intent and ensures compliance with existing statute.

SEC. 3. PROHIBITION.

    None of the funds made available by Acts making appropriations may 
be used to--
            (1) eliminate, consolidate, or otherwise restructure any 
        office within the Department of Education that administers or 
        enforces programs under the Individuals with Disabilities 
        Education Act (20 U.S.C. 1400 et seq.);
            (2) terminate, reassign, or alter the responsibilities of 
        any personnel of any such office; or
            (3) contract with, or delegate to, any entity outside of 
        the Department of Education to administer or enforce such 
        programs.
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