S. 2913: Protecting Students with Disabilities Act (119th Congress) Bill Summary

This bill, known as the Protecting Students with Disabilities Act, proposes to ensure that certain offices within the Department of Education, which specifically focus on serving individuals with disabilities, remain intact and functional. Here is a breakdown of the key components of the bill:

Objective

The main goal of the bill is to prohibit the use of government funds to make significant changes to the organizational structure of the Department of Education in ways that would negatively impact programs for individuals with disabilities. This includes:

Eliminating or consolidating offices that directly support these programs.
Restructuring how these offices operate.
Altering the responsibilities of staff within these offices.

Legal Foundations

The bill cites existing laws that mandate the presence of specific offices within the Department of Education:

The Individuals with Disabilities Education Act: This law requires that the Office of Special Education Programs is responsible for managing educational programs for children with disabilities.
The Rehabilitation Act of 1973: This law requires the Rehabilitation Services Administration to oversee workforce-related programs for individuals with disabilities.

By referencing these laws, the bill reinforces Congress’s commitment to maintaining the framework for support and services for individuals with disabilities and asserts that the executive branch cannot unilaterally change these statutory requirements.

Prohibitions Established

The bill establishes clear prohibitions regarding the use of federal appropriated funds. Specifically, it states that such funds cannot be used to:

Eliminate, consolidate, or restructure any office that administers programs for individuals with disabilities.
Terminate, reassign, or otherwise alter the duties of personnel in these offices in a way that would prevent compliance with existing laws.
Contract with or outsource these program administration and enforcement duties to entities outside the Department of Education.

In essence, the legislation aims to provide stability and assurance that the necessary services and administrative bodies to support individuals with disabilities will be maintained and not diminished or outsourced.