The Senate Health, Education, Labor, and Pensions Committee voted 13-9 to advance S. 5046, legislation designed to prevent the U.S. Department of Education from relocating several major programs to other Cabinet departments. The measure would prohibit transfers of programs overseen by four Education Department offices: special education and rehabilitative services, elementary and secondary education, postsecondary education, and Indian education. The bill advanced with bipartisan support, including two Republican cosponsors, Senators Susan Collins of Maine and Lisa Murkowski of Alaska.
The Education Department has been executing a reorganization plan since last year, moving most K-12 programs to the Department of Labor and special education oversight to the Department of Health and Human Services through interagency agreements that have not received congressional approval. According to an Education Week analysis, the department is transferring 148 programs across six federal agencies using this mechanism. While some Democratic amendments to block all Education Department transfers and specifically prevent the civil rights office from moving to the Justice Department failed along party lines, a proposal requiring the administration to report transfer costs to Congress passed with minimal Republican opposition.
Committee Chairman Bill Cassidy, a Republican from Louisiana, expressed particular concern about relocating special education functions to HHS, arguing it would shift the focus toward a medical model rather than an educational approach. However, Cassidy stopped short of supporting the broader bill, stating that while he opposes the HHS transfer, he does not want to strip the administration’s authority to streamline operations. Other Republicans, including Senator Tommy Tuberville of Alabama, contended that blocking the moves would perpetuate systemic problems at the Education Department.
Disability advocacy organizations have opposed the special education transfer, with 30 groups signing a statement opposing the move and supporting the Senate bill. Education Secretary Linda McMahon has promoted the transfers as test cases demonstrating the Education Department’s redundancy and the potential for more efficient administration elsewhere. Congress would need to approve any formal dissolution of the Education Department, requiring 60 votes in the Senate—a threshold unlikely to be achieved given current dynamics.
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