Protecting Students with Disabilities Act
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Rep. Mannion, John [D-NY-22]
ID: M001231
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Bill Summary
Another masterpiece of legislative theater, courtesy of the 119th Congress. Let's dissect this farce and expose the real disease beneath.
**Main Purpose & Objectives:** Ah, the noble title "Protecting Students with Disabilities Act." How touching. The actual purpose is to prevent the executive branch from making any changes to the Office of Special Education Programs within the Department of Education. In other words, Congress wants to ensure that this bureaucratic behemoth remains intact, no matter how inefficient or ineffective it may be.
**Key Provisions & Changes to Existing Law:** Section 3 is the meat of this bill, prohibiting the use of funds for any changes to the Office of Special Education Programs. This includes eliminating, consolidating, or restructuring offices, as well as terminating or reassigning personnel. It's a clever way of saying, "We don't trust you, executive branch, so we'll just tie your hands behind your back."
**Affected Parties & Stakeholders:** The usual suspects: bureaucrats, special interest groups, and politicians looking for a feel-good photo op. Students with disabilities? Please, they're just pawns in this game of bureaucratic chess.
**Potential Impact & Implications:** This bill is a classic case of "legislative lockjaw." By prohibiting any changes to the Office of Special Education Programs, Congress is ensuring that this office will remain a bloated, inefficient entity. The real impact? More waste, more bureaucracy, and less actual help for students with disabilities.
Now, let's diagnose the underlying disease:
* **Symptoms:** Bureaucratic inertia, fear of change, and a dash of partisan politics. * **Diagnosis:** Chronic Obstructionism Syndrome (COS), a condition characterized by an inability to adapt or reform in response to changing circumstances. COS is often accompanied by a severe case of NIMBY-itis (Not In My Bureaucracy). * **Treatment:** A healthy dose of skepticism, a strong stomach for bureaucratic waste, and a willingness to call out the obvious lies and posturing.
In conclusion, HR 2333 is a masterclass in legislative doublespeak. It's a bill that claims to protect students with disabilities while actually perpetuating the status quo and ensuring that the Office of Special Education Programs remains a stagnant, ineffective entity. Bravo, Congress. You've done it again.
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Project 2025 Policy Matches
This bill shows semantic similarity to the following sections of the Project 2025 policy document. Higher similarity scores indicate stronger thematic connections.
Introduction
— 336 — Mandate for Leadership: The Conservative Promise on civil rights, the next conservative Administration should take sweeping action to assure that the purpose of the Civil Rights Act is not inverted through a disparate impact standard to provide a pretext for theoretically endless federal meddling. Assistance to States for the Education of Children with Disabilities; Preschool Grants for Children with Disabilities (Equity in IDEA) l Effective January 18, 2017, the department issued final regulations under Part B of IDEA that require states to consider race and ethnicity in the identification, placement, and discipline of students with disabilities. The new Administration should rescind this regulation. Students should never be denied access to special education services because of their race or ethnicity, but this is happening in school districts across the country thanks to the Obama Administration’s Equity in IDEA regulation. This was not the intent of the regulation, but it is an inevitable byproduct of its flawed assumptions. The Obama Administration looked at the racial statistics on special education assignment and made two assumptions: that African American students were dis- proportionately overrepresented, and that this overrepresentation constituted a harm that required federal pressure to ameliorate. School districts deemed to overrepresent minority students in special education assignment, or in discipline amongst special education students, are tagged by their state education agencies as engaging in “significant disproportionality,” and are required to reallocate 15 percent of their IDEA Part B money into coordinated early intervening services that are intended to address the “root causes of dispro- portionality.” In practice, this can mean raiding special education funding to pay for CRT-inspired “equity” consultants and professional development. This is especially problematic given that both of the assumptions behind Equity in IDEA are flawed. Special education services provide extra assistance to students; they do not harm them. And according to the most rigorous research on the subject, conducted by Penn State’s Paul Morgan, black students are actually underrep- resented in special education once adequate statistical controls are made. That means that this regulation effectively further depresses the provision of valuable services to an already underserved group. l The next Administration should immediately commence rulemaking to rescind the Equity in IDEA regulation. No replacement regulation is required. l The Office of Special Education and Rehabilitative Services (OSERS) should prepare a digest of the best research on this subject and share — 337 — Department of Education it directly with state superintendents and state special education leaders across the country, who have been led by this regulation to believe a false problem diagnosis. Every effort should be made to dissuade states from continuing to operate on the assumption that overrepresentation requires state intervention after the federal pressure is rescinded. Provide School Meals to Children in Need; Do Not Use Federal Meals to Support Radical Ideology In May 2022, the U.S. Department of Agriculture (USDA) tried to advance a radical political agenda using the federal school meal program. Nearly a century ago, federal lawmakers adopted the National School Lunch Program (NSLP) and School Breakfast Program (SBP) and other services that provide meals for K–12 students to give children from low-income families access to food while at school. Since the 1940s, federal lawmakers have greatly expanded these meal programs, creating an entitlement for nearly all students, regardless of family income levels, and have turned the meal programs into some of the most wasteful federal pro- grams in Washington. Now, the USDA is threatening to withhold federal taxpayer spending for these meals from schools that do not implement Title IX of the Education Amendments of 1972 so that the term “sex” is replaced with “sexual orientation and gender identity” (SOGI). l The next Administration should prohibit the USDA or any other federal agency from withholding services from federal or state agencies—including but not limited to K–12 schools—that choose not to replace “sex” with “SOGI” in that agency’s administration of Title IX. The Administration will have significant support for this policy change among state officials and Members of Congress. Twenty-two state attorneys general filed a lawsuit after the USDA’s announcement that the agency intended to withhold spending from schools that do not replace sex with SOGI. Members of Congress also introduced legislation in 2022 that would prohibit the agency from carrying out its intentions regarding Title IX. Phase Out Existing Income-Driven Repayment Plans While income-driven repayment (IDR) of student loans is a superior approach relative to fixed payment plans, the number of IDR plans has proliferated beyond reason. And recent IDR plans are so generous that they require no or only token repayment from many students. l The Secretary should phase out all existing IDR plans by making new loans (including consolidation loans) ineligible and should implement
Introduction
— 321 — Department of Education through the pandemic’s Elementary and Secondary Schools Emergency Relief (ESSER) Funds,4 which relied on ESEA formulas. The same year, the department spent more than $2 billion just to administer Title IV of the HEA, which authorizes federal student loans and Pell grants. It provided $22.5 billion in Pell grants, and it oversaw outlays of close to $100 billion in direct student loans. Since 1965, Congress has continued to layer on dozens of new laws and pro- grams as federal “solutions” to myriad education problems. In 1973, it passed the Rehabilitation Act,5 and, in 1975, the Individuals with Disabilities Education Act (IDEA)6 to address educational neglect of students with disabilities. In 2002, it cre- ated the Institute for Education Sciences to consolidate education data collection and fund research. Congress has also enacted a series of Carl D. Perkins Career and Technical Education Acts, including Perkins V in 2018.7 Congress could have, and once did, distribute management of federal education programs outside of a single department. But for those interested in expanding federal funding and influence in education, this unconsolidated approach was less than ideal, because a single, captive agency would allow them to promote their agenda more effectively across Administrations. Eventually, the National Educa- tion Association made a deal and backed the right presidential candidate— Jimmy Carter—who successfully lobbied for and delivered the Cabinet-level agency. When it was established in 1979—becoming operational in 1980—the agency was supposed to act as a “corralling” mechanism. Carter signed the Department of Education Organization Act8 into law in 1979, believing in part that it would reduce administrative costs and improve efficiency by housing most of the federal education programs that had proliferated in the wake of Johnson’s War on Poverty under one roof. It has had the opposite effect. Instead, special interest groups like the National Education Association (NEA), American Federation of Teachers (AFT), and the higher education lobby have leveraged the agency to continuously expand federal expenditures—a desirable funding stream from their vantage point because federal budgets are not constrained like state and local budgets that must be balanced each year. By FY 2022, the department’s discretionary and mandatory appropriation topped $80 billion, not including student loan outlays. Each of its programs has attendant federal strings and red tape. One recent example is the Biden Administration’s requirement that state educa- tion agencies and school districts submit “equity” plans as a condition of receiving COVID recovery ESSER funds in the American Rescue Plan (ARP).9 This exercise led to the hiring of numerous new government employees as the rules were pro- mulgated, plans were created after collecting public feedback, and those plans were eventually deemed satisfactory. The next Administration will need a plan to redistribute the various congres- sionally approved federal education programs across the government, eliminate — 322 — Mandate for Leadership: The Conservative Promise those that are ineffective or duplicative, and then eliminate the unproductive red tape and rules by entrusting states and districts with flexible, formula-driven block grants. This chapter details that plan. As the next Administration executes its work, it should be guided by a few core principles, including: l Advancing education freedom. Empowering families to choose among a diverse set of education options is key to reform and improved outcomes, and it can be achieved without establishing a new federal program. For example, portability of existing federal education spending to fund families directly or allowing federal tax credits to encourage voluntary contributions to K–12 education savings accounts managed by charitable nonprofits, could significantly advance education choice. l Providing education choice for “federal” children. Congress has a special responsibility to children who are connected to military families, who live in the District of Columbia, or who are members of sovereign tribes. Responsibility for serving these students should be housed in agencies that are already serving these families. l Restoring state and local control over education funding. As Washington begins to downsize its intervention in education, existing funding should be sent to states as grants over which they have full control, enabling states to put federal funding toward any lawful education purpose under state law. l Treating taxpayers like investors in federal student aid. Taxpayers should expect their investments in higher education to generate economic productivity. When the federal government lends money to individuals for a postsecondary education, taxpayers should expect those borrowers to repay. l Protecting the federal student loan portfolio from predatory politicians. The new Administration must end the practice of acting like the federal student loan portfolio is a campaign fund to curry political support and votes. The new Administration must end abuses in the loan forgiveness programs. Borrowers should be expected to repay their loans. l Safeguarding civil rights. Enforcement of civil rights should be based on a proper understanding of those laws, rejecting gender ideology and critical race theory.
About These Correlations
Policy matches are calculated using semantic similarity between bill summaries and Project 2025 policy text. A score of 60% or higher indicates meaningful thematic overlap. This does not imply direct causation or intent, but highlights areas where legislation aligns with Project 2025 policy objectives.