Protecting Students with Disabilities Act
- Bill Number
- S. 2913
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Education
- Status
- Introduced
- Latest Action
- 2025-09-18: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- Last Updated
- 2025-12-16T16:39:19Z
AI-Generated Summary
Purpose
The Protecting Students with Disabilities Act (S. 2913) aims to safeguard specific offices within the U.S. Department of Education that manage and enforce programs for individuals with disabilities. It prevents the use of federal funds to eliminate, merge, or reorganize these offices, ensuring continued compliance with existing laws like the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act of 1973. These laws require certain offices to remain within the Department to handle education and workforce programs for people with disabilities.
Key Provisions
- Findings Section: Congress states that laws such as IDEA (which supports education for children with disabilities) and the Rehabilitation Act (which aids workforce development for people with disabilities) mandate that key offices—like the Office of Special Education Programs (OSEP) and the Rehabilitation Services Administration (RSA)—must stay within the Department of Education. It emphasizes that the executive branch cannot change this structure on its own.
- Prohibition on Fund Use:
- Federal appropriated funds cannot be used to eliminate, consolidate, or restructure any Department of Education office that administers or enforces disability-related programs under IDEA, the Rehabilitation Act, or similar federal laws.
- Funds cannot support terminating, reassigning, or changing the duties of staff in these offices if it would prevent meeting legal requirements for disability programs.
- Funds cannot be used to outsource or delegate administration/enforcement of these programs to entities outside the Department of Education.
Significant Changes to Existing Law
This bill does not amend IDEA or the Rehabilitation Act directly but introduces a new restriction on how federal funds can be spent. It reaffirms the statutory requirement for these offices to remain in the Department of Education and blocks potential executive actions (like reorganizations) that could undermine that structure. Essentially, it adds a funding-based safeguard to prevent unilateral changes by the executive branch, without altering the core obligations of existing disability laws.
Potential Impacts
- On Government Agencies: The Department of Education's offices handling disability programs (e.g., OSEP and RSA) would be protected from budget-driven cuts or shifts, potentially stabilizing staffing and operations. This could limit the executive branch's flexibility in reorganizing the department but ensure consistent program delivery.
- On Citizens: Students and individuals with disabilities would likely benefit from uninterrupted access to education and workforce support services, reducing risks of service disruptions. Families, schools, and vocational programs relying on these federal initiatives could see more reliable funding and enforcement.
- On International Relations: No direct impacts, as the bill focuses on domestic education and rehabilitation programs.
Main Stakeholders Affected
- Individuals with Disabilities: Primary beneficiaries, including students needing special education and adults seeking workforce training.
- Department of Education and Its Offices: Entities like OSEP and RSA, whose structure and functions are directly protected.
- Educators and Service Providers: Schools, teachers, and rehabilitation centers that depend on federal programs for support.
- Congress and Executive Branch: Congress gains reinforced control over agency structure via appropriations; the executive (e.g., the Secretary of Education) faces limits on reorganization efforts.
- Advocacy Groups: Organizations representing people with disabilities, who may support this to prevent service reductions.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Strengthens enforcement of existing statutes by tying compliance to federal funding, potentially leading to court challenges if funds are misused (e.g., lawsuits over attempted restructurings). It clarifies that executive actions cannot override congressional intent without new legislation.
- Constitutional Implications: Highlights the separation of powers, as Congress uses its constitutional authority over appropriations (the "power of the purse") to check executive branch decisions on agency organization, preventing overreach.
- Political Implications: Introduced by a bipartisan group of senators, it signals congressional pushback against potential department downsizing or transfers (possibly in response to broader government efficiency proposals). If passed, it could influence future budget debates by embedding protections in appropriations bills, affecting how disability programs are prioritized amid fiscal constraints.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Alsobrooks, Angela D. [D-MD]
Cosponsors (14)
Sen. Van Hollen, Chris [D-MD], Sen. Luján, Ben Ray [D-NM], Sen. Kaine, Tim [D-VA], Sen. Wyden, Ron [D-OR], Sen. Sanders, Bernard [I-VT], Sen. Blunt Rochester, Lisa [D-DE], Sen. Merkley, Jeff [D-OR], Sen. Gillibrand, Kirsten E. [D-NY], Sen. Blumenthal, Richard [D-CT], Sen. Fetterman, John [D-PA], Sen. Padilla, Alex [D-CA], Sen. Reed, Jack [D-RI], Sen. Shaheen, Jeanne [D-NH], Sen. Booker, Cory A. [D-NJ]
Recent Actions
- 2025-09-18: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- 2025-09-18: Introduced in Senate
Bill Versions
- Protecting Students with Disabilities Act — issued 2025-09-18 — PDF (3 pages)