Protecting Students with Disabilities Act
Key claim: The Protecting Students with Disabilities Act (HR2333) would prohibit use of appropriated funds to eliminate, restructure, reassign, or outsource the Department of Education’s offices and personnel that administer and enforce the Individuals with Disabilities Education Act (IDEA).
Abstract
(HR2333 · 119th Congress) Protecting Students with Disabilities Act This bill prohibits the use of appropriated funds to eliminate the Department of Education’s (ED’s) oversight of the Individuals with Disabilities Education Act (IDEA). (The IDEA authorizes grant programs that support special education and early intervention services for children with disabilities. Currently, the IDEA is administered by the Office of Special Education Programs in the Office of Special Education and Rehabilitative Services in ED.) Specifically, the bill prohibits the use of appropriated funds to eliminate, consolidate, or otherwise restructure any office within ED that administers or enforces programs under the IDEA. Further, appropriated funds may not be used to (1) terminate, reassign, or alter the responsibilities of any personnel of any such office; or (2) contract with, or delegate to, any entity outside of ED to administer or enforce IDEA programs. (On March 20, 2025, President Donald Trump signed an executive order titled Improving Education Outcomes by Empowering Parents, States, and Communities , calling for the closure of ED and giving authority over education to the states. Further, the Trump Administration has announced plans to transfer ED’s oversight of services for students with disabilities to the Department of Health and Human Services.) Latest action (2025-03-25): Referred to the House Committee on Education and Workforce.
Why this matters
IDEA guarantees a free appropriate public education to roughly 7.5 million students with disabilities, and its enforcement depends on Department of Education offices (OSERS, OSEP, and OCR) that monitor state compliance and investigate complaints. HR2333 would use appropriations-clause restrictions to prevent executive reorganization or outsourcing of that administrative capacity, effectively converting an existing structure into a statutorily protected one. The practical stakes for affected families turn on whether federal oversight of state IDEA compliance remains centralized and staffed at current levels.