Section 1. Short title
This Act may be cited as the Protecting Students with Disabilities Act.
Section 2. Findings
Congress finds the following:
(1) Section 1402 of the Individuals with Disabilities Education Act 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.
(2) 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 statute.
Section 3. Prohibition
None of the funds made available by Acts making appropriations may be used to—
(1) eliminate, consolidate, or otherwise restructure any office within the Department of Education that administers or enforces programs under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);
(2) terminate, reassign, or alter the responsibilities of any personnel of any such office; or
(3) contract with, or delegate to, any entity outside of the Department of Education to administer or enforce such programs.