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Senate Bill 5038
119th Congress(2025-2026)
Special Education Administration Protection Act
Introduced
Introduced
Introduced in Senate on Jul 21, 2026
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Introduced in Senate 
Jul 21, 2026
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Introduced in Senate(Jul 21, 2026)
Jul 21, 2026
Not Scanned for Linkage
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Multiple bills can contain the same text. This could be an identical bill in the opposite chamber or a smaller bill with a section embedded in a larger bill.
Bill Sponsor regularly scans bill texts to find sections that are contained in other bill texts. When a matching section is found, the bills containing that section can be viewed by clicking "View Bills" within the bill text section.
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S. 5038 (Introduced-in-Senate)


119th CONGRESS
2d Session
S. 5038


To prohibit the transfer of the functions of the Office of Special Education and Rehabilitative Services.

IN THE SENATE OF THE UNITED STATES

July 21, 2026

Mr. Cassidy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To prohibit the transfer of the functions of the Office of Special Education and Rehabilitative Services.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

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

SEC. 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.