Bipartisan Bill to Protect ED Offices Introduced in the House of Representatives

On Thursday, Representatives John Mannion (D-NY), Bobby Scott (D-VA), and Brian Fitzpatrick (R-PA) introduced bipartisan legislation to prevent the U.S. Department of Education (ED) from transferring certain offices and programs to other federal agencies through interagency agreements or other means. 

The bill would protect programs serving students with disabilities, K–12 schools, colleges, and Native students by prohibiting the transfer of functions administered by the Office of Special Education and Rehabilitative Services (OSERS), Office of Elementary and Secondary Education (OESE), Office of Postsecondary Education (OPE), and Office of Indian Education (OIE). The measure is identical to S. 5046−bipartisan legislation led by Senators Tim Kaine (D-VA), Susan Collins (R-ME), and Lisa Murkowski (R-AK) that advanced through the Senate HELP Committee in July. 

Disability and special education organizations such as the Council for Exceptional Children (CEC) and the Council of Administrators of Special Education (CASE) have supported the legislation, arguing that transferring OSERS and IDEA-related responsibilities to agencies such as the Department of Health and Human Services will separate special education from the broader education system, disrupt services, and weaken the federal expertise and infrastructure supporting students with disabilities. 

While this bill does not go as far as to protect all offices at ED, including the Office of Civil Rights, it is the product of bipartisan negotiations and an important first step in preserving ED.

Read the bill here and a statement from the bill sponsors here.