119 S5038 IS: Special Education Administration Protection Act U.S. Senate 2026-07-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II119th CONGRESS2d SessionS. 5038IN THE SENATE OF THE UNITED STATESJuly 21, 2026Mr. Cassidy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo prohibit the transfer of the functions of the Office of Special Education and Rehabilitative Services.

1.

Short title

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

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.