H.R.2333 - Protecting Students with Disabilities Act (119th Congress)
Summary
H.R.2333, the "Protecting Students with Disabilities Act," aims to prevent the Department of Education from eliminating, consolidating, or restructuring offices that administer or enforce programs under the Individuals with Disabilities Education Act (IDEA). The bill explicitly prohibits the use of appropriated funds for such actions. It also prevents the reassignment of personnel or delegation of these responsibilities to entities outside the Department of Education.
The bill's findings section emphasizes that the Office of Special Education Programs should remain within the Department of Education, as outlined in Section 1402 of IDEA. It asserts that the executive branch lacks the authority to unilaterally alter this framework.
This bill seeks to ensure the continued focus and resources dedicated to students with disabilities by maintaining the current structure of the Department of Education's related offices.
Expected Effects
The bill, if enacted, would maintain the existing structure within the Department of Education responsible for administering and enforcing IDEA. This would prevent any potential disruption or dilution of services for students with disabilities.
It would also limit the executive branch's ability to reorganize these offices without congressional approval. The bill ensures that the responsibilities related to IDEA remain within the Department of Education.
Potential Benefits
- Preservation of Specialized Expertise: Ensures that experienced personnel within the Department of Education continue to administer and enforce IDEA programs.
- Continuity of Services: Prevents disruptions in the provision of services and support for students with disabilities.
- Congressional Oversight: Reinforces Congress's role in overseeing the implementation of IDEA and preventing unilateral executive action.
- Focus on Students with Disabilities: Maintains a dedicated focus on the needs of students with disabilities within the Department of Education.
- Compliance with Existing Statute: Reaffirms and ensures compliance with the existing statutory framework outlined in the Individuals with Disabilities Education Act.
Potential Disadvantages
- Reduced Flexibility: Limits the Department of Education's ability to adapt its structure and operations to changing needs or priorities.
- Potential Inefficiency: May prevent the Department from streamlining operations or consolidating resources to improve efficiency.
- Stifled Innovation: Could hinder the implementation of new approaches or strategies for serving students with disabilities.
- Increased Bureaucracy: May contribute to bureaucratic rigidity and make it more difficult to address emerging challenges.
- Limited Executive Authority: Restricts the executive branch's ability to manage and reorganize its own departments and agencies.
Constitutional Alignment
The bill appears to align with the constitutional principle of separation of powers, as it asserts Congress's authority to legislate and oversee the executive branch's implementation of laws. Article I, Section 1 of the Constitution vests all legislative powers in Congress.
By explicitly prohibiting the use of appropriated funds for specific actions, the bill exercises Congress's power of the purse, which is a fundamental aspect of its legislative authority. The bill also reinforces Congress's intent regarding the structure and administration of programs under IDEA.
However, some may argue that the bill infringes on the executive branch's authority to manage and organize its own departments and agencies, potentially raising questions about the balance of power between the legislative and executive branches.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).