[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5038 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5038

  To prohibit the transfer of the functions of the Office of Special 
                 Education and Rehabilitative Services.


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                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2026

  Mr. Cassidy introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

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                                 A BILL


 
  To prohibit the transfer of the functions of the Office of Special 
                 Education and Rehabilitative Services.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Special Education Administration 
Protection Act''.

SEC. 2. PROHIBITION ON TRANSFERRING THE FUNCTIONS OF THE OFFICE OF 
              SPECIAL EDUCATION AND REHABILITATIVE SERVICES.

    (a) In General.--Notwithstanding any other provision of law and 
subject to subsection (c), the Secretary of Education shall not procure 
services from, contract or carry out an agreement with, obtain any 
goods or services from, transfer activities to, or enter into a similar 
arrangement with, the Department of Health and Human Services relating 
to the functions of the Department of Education's Office of Special 
Education and Rehabilitative Services authorized under section 207 of 
the Department of Education Organization Act (20 U.S.C. 3417).
    (b) Applicability of Other Laws.--Subject to subsection (c), 
section 430(a) of the General Education Provisions Act (20 U.S.C. 
1231(a)), section 415 and 419 of the Department of Education 
Organization Act (20 U.S.C. 3475, 3479), and section 1535 of title 31, 
United States Code (commonly known as the ``Economy Act''), shall not 
apply to section 207 of the Department of Education Organization Act 
(20 U.S.C. 3417).
    (c) Exception.--This section shall not apply to--
            (1) any procurement, contract, agreement (including an 
        agreement for obtaining goods or services), transfer, or 
        similar arrangement, between the Department of Education and 
        the Department of Health and Human Services that was in effect 
        on February 1, 2025; and
            (2) the renewal of such a procurement, contract, agreement, 
        transfer, or similar arrangement described in this subsection.
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