Protecting Students with Disabilities Act

#2333 | HR Congress #119

Policy Area: Education
Subjects:

Last Action: Referred to the House Committee on Education and Workforce. (3/25/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Protecting Students with Disabilities Act" is a piece of legislation aimed at preserving the structure and function of offices within the Department of Education that are responsible for administering programs under the Individuals with Disabilities Education Act (IDEA). The Act specifically prohibits the use of federal funds to eliminate, consolidate, or restructure these offices, as well as to change the responsibilities of their personnel or outsource their functions to external entities. The legislation reinforces Congress's intent to maintain the established framework for supporting the education of children with disabilities, ensuring that these critical programs remain intact and properly managed within the Department of Education.

Possible Impacts

Here are three examples of how the "Protecting Students with Disabilities Act" could affect people:

1. **Stability in Special Education Services**: By prohibiting the restructuring or elimination of offices within the Department of Education that administer programs under the Individuals with Disabilities Education Act (IDEA), this legislation helps ensure that families of children with disabilities can rely on consistent and stable services. It prevents potential disruptions in the delivery of special education programs and support services, which can be crucial for the educational success of these students.

2. **Job Security for Special Education Personnel**: The Act protects the jobs and responsibilities of personnel working within offices that administer IDEA-related programs. This means that educators, administrators, and support staff dedicated to working with students with disabilities will have job security, which can lead to a more experienced and dedicated workforce. This stability can positively impact the quality of education that students with disabilities receive.

3. **Limitation on Outsourcing Special Education Programs**: By prohibiting the delegation of IDEA program administration to external entities, the legislation ensures that oversight and accountability for these programs remain within the Department of Education. This can lead to more effective implementation of special education policies and a higher likelihood that the needs of students with disabilities are met according to federal standards, as opposed to being managed by potentially less qualified organizations.

[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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