Protection and Advocacy for Student Success Act
- Bill Number
- H.R. 8073
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Education
- Status
- Introduced
- Latest Action
- 2026-03-25: Referred to the House Committee on Education and Workforce.
- Last Updated
- 2026-07-10T08:06:23Z
AI-Generated Summary
Purpose of the Legislation
The "Protection and Advocacy for Student Success Act" (H.R. 8073) aims to create a national program that provides grants to protection and advocacy systems. These systems help enforce and protect the educational rights of children, youth, and adults with disabilities under three key federal laws: the Individuals with Disabilities Education Act (IDEA, which ensures free appropriate public education for students with disabilities), the Americans with Disabilities Act of 1990 (ADA, which prohibits discrimination against people with disabilities), and Section 504 of the Rehabilitation Act of 1973 (which bans discrimination in programs receiving federal funds).
Key Provisions
- Definitions: Clarifies terms like "protection and advocacy system" (independent organizations that investigate abuse and advocate for people with developmental disabilities, based on the Developmental Disabilities Assistance and Bill of Rights Act of 2000), "educational setting" (any place where students with disabilities receive education or related services), and "Secretary" (the U.S. Secretary of Education).
- Program Establishment: The Secretary of Education must award grants to these systems to monitor violations, advocate for safe conditions (e.g., ending harmful practices like seclusion or restraint), collaborate with parent training centers, pursue remedies for rights violations, and drive systemic changes in schools.
- Uses of Funds: Grantees can investigate abuse or neglect, access records and facilities, provide information to families, and seek legal or administrative solutions to ensure students receive entitled services.
- Eligibility and Requirements: Systems must have authority to investigate incidents, pursue remedies, and access relevant information, mirroring powers under the Developmental Disabilities Act. They submit applications detailing fund use.
- Funding Mechanism:
- No matching funds required; federal share is 100%.
- For appropriations under $6,750,000: Minimum grants of $120,000 for states/D.C./Puerto Rico and $60,000 for territories/American Indian Consortium; 1% reserved for technical assistance.
- For $6,750,000 or more: Grants allocated by state population ratios, with the same minimums; minimums increase if total funding rises above $10,000,000; 2% reserved for technical assistance.
- Funds can carry over one year; program income available for five years.
- Direct payments to grantees; annual reports required on services provided.
- Administration: Funds supplement (not replace) existing resources; reporting aligns with Developmental Disabilities Act standards. Authorization for appropriations from fiscal years 2026–2035 as needed.
Significant Changes to Existing Law
This bill introduces a new grant program specifically for education-related advocacy under IDEA, ADA, and Section 504, expanding the role of existing protection and advocacy systems (originally focused on developmental disabilities). It does not amend those core laws but builds on them by providing dedicated federal funding and authority for education-specific enforcement, including broader access to investigate and remedy issues in schools. It also sets population-based funding formulas and technical assistance reservations not previously specified for this purpose.
Potential Impacts
- Government Agencies: The Department of Education gains responsibility for administering grants, reserving funds for technical assistance, and overseeing reports, potentially increasing administrative workload but streamlining advocacy efforts.
- Citizens: Students with disabilities (including children, youth, and adults) and their families may benefit from stronger monitoring, faster dispute resolution, and reduced harmful practices in schools, leading to better access to education and services. It could empower families through collaboration with parent centers.
- Educational Institutions: Schools and related settings may face more investigations and advocacy-driven changes, promoting safer environments but requiring compliance adjustments.
- International Relations: No direct impact, as the bill focuses on domestic U.S. education systems, including territories.
Main Stakeholders Affected
- Students with Disabilities: Primary beneficiaries, gaining enhanced protections against discrimination, abuse, and denial of services.
- Families and Parent Training Centers: Receive support through advocacy and information to navigate rights under federal disability laws.
- Protection and Advocacy Systems: Receive new funding streams to expand operations, with requirements for investigations and reporting.
- Department of Education: Oversees grant distribution, applications, and technical assistance.
- Schools and Educational Providers: Subject to monitoring, investigations, and potential remedies for violations.
- Territories and American Indian Consortiums: Ensured minimum funding levels to address unique needs in non-state areas.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens enforcement mechanisms for disability rights without altering the underlying laws, potentially increasing administrative complaints, lawsuits, or settlements to uphold entitlements. It grants systems broad access rights (e.g., to records and facilities), which could raise privacy concerns but aligns with anti-discrimination principles.
- Constitutional: Supports equal protection under the 14th Amendment by promoting access to education for disabled individuals, without introducing new mandates that might challenge federalism (as it funds state/territorial systems voluntarily).
- Political: Signals bipartisan commitment to disability advocacy (introduced by Rep. DeSaulnier and referred to the Education and Workforce Committee), potentially influencing future education policy by integrating disability protections more deeply. The 10-year authorization encourages sustained funding, but actual impacts depend on congressional appropriations.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. DeSaulnier, Mark [D-CA-10]
Cosponsors (5)
Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Sánchez, Linda T. [D-CA-38], Rep. Scanlon, Mary Gay [D-PA-5], Rep. Titus, Dina [D-NV-1], Rep. Figures, Shomari [D-AL-2]
Recent Actions
- 2026-03-25: Referred to the House Committee on Education and Workforce.
- 2026-03-25: Introduced in House
- 2026-03-25: Introduced in House
Bill Versions
- Protection and Advocacy for Student Success Act — issued 2026-03-25 — PDF (10 pages)