On September 2, 2026, a bipartisan bill was introduced in the U.S. House that seeks to prevent the transfer of four U.S. Department of Education (USDE) offices to other federal agencies. Those USDE offices lead activities for special education, postsecondary education, Native American education, and elementary and secondary education.
According to K-12 Dive, the bill — introduced by Reps. John Mannion, D-N.Y., Bobby Scott, D-Va., and Brian Fitzpatrick, R-Pa. — is companion legislation to a Senate bill that currently awaits a full vote.
Thus far, the USDE under the Trump administration has a total of 14 interagency agreements with six other federal agencies to offload many K-12 and higher education responsibilities. The administration has said the agreements will break up federal bureaucracy, but critics say they add confusion and prevent cohesion among the offices being outsourced. In addition, a joint statement issued on September 3 by Mannion, Scott, and Fitzpatrick said their bill seeks to prevent the four offices’ transfers to agencies that “lack the staff, experience, and expertise needed to administer them.” Fitzpatrick also stated that, “The families I represent should never have to wonder whether a federal reorganization will cost their child a service, a protection, or an opportunity.” Fitzpatrick added that when constituents raised concerns about moving the Office of Special Education and Rehabilitative Services (OSERS) out of the USDE, he “took those concerns directly to the Administration and demanded answers about how it would protect IDEA [the Individuals with Disabilities Education Act], preserve critical resources, and prevent disruption for students.”
The Council for Exceptional Children (CEC), praised the House bill in a September 3 statement saying, “Transferring special education to the Department of Health and Human Services is misguided — it segregates special education from other education programs and jeopardizes the rights of students with disabilities.”
The House bill was referred to the Education and Workforce Committee for consideration. The companion bipartisan Senate bill passed that chamber’s Committee on Health, Education, Labor and Pensions in July.
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