Protecting Students with Disabilities Act

Section 603 of the Individuals with Disabilities Education Act (20 U.S.C. 1402) explicitly states that the Office of Special Education Programs shall be housed within the Department of Education and tasked with administering and carrying out programs and activities concerning the education of children with disabilities.

Section 3 of the Rehabilitation Act of 1973 (29 U.S.C. 702) explicitly states that the Rehabilitation Services Administration shall be housed within the Department of Education and tasked with administering and carrying out programs and activities concerning workforce investment activities of individuals with disabilities.

The executive branch does not have the unilateral authority to alter this statutory framework. This Act reaffirms Congress’s intent and ensures compliance with existing statutes.

eliminate, consolidate, or otherwise restructure any office within the Department of Education that administers or enforces programs serving individuals with disabilities, including such programs under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), or any other applicable Federal laws;

terminate, reassign, or alter the responsibilities of any personnel of any such office, such that statutory obligations under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), or any other applicable Federal laws are not met; or

contract with, or delegate to, any entity outside of the Department of Education to administer or enforce such programs.