Lawmakers Express Concerns with Moving IDEA Programs Outside of ED

On Thursday, the Senate Health, Education, Labor, and Pensions (HELP) Committee marked up two education bills largely unrelated to special education or the U.S. Department of Education (ED). However, the session quickly turned to concerns about protecting federal oversight of special education. Senator Tim Kaine (D‑VA) offered two amendments—one to prevent the use of Inter‑Agency Agreements (IAAs) to dismantle ED, and another specifically to bar any IAAs that would transfer special education programs out of ED. Although the amendments were ruled nongermane and not adopted, Senator Susan Collins (R‑ME), a senior member of the HELP Committee and Chair of the Senate Appropriations Committee, voiced support for the underlying goal, stating that special education and Title I should remain within ED. 

On Monday, ED announced two new IAAs, including one to transfer certain school safety, early education, full-service community schools, and family engagement programs to the Administration for Children and Families (ACF) within the U.S. Department of Health and Human Services (HHS). During the HELP Committee hearing, Chairman Bill Cassidy (R‑LA) emphasized that he has asked Education Secretary Linda McMahon to testify before the Committee on bipartisan questions about her unilateral actions to dismantle ED. He has also asked HHS Secretary Robert Kennedy Jr. to appear. Neither has committed to a date at this time.

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