A Senate committee has advanced a bill, S. 5046, to prevent the U.S. Department of Education from transferring special education and most K-12 programs to other Cabinet agencies. The bill, supported by Sens. Tim Kaine, Susan Collins, and Lisa Murkowski, would block program transfers from key offices including special education and rehabilitative services (OSERS). This move comes as the Trump administration seeks to dismantle the department, with many programs already transitioning to the Department of Labor and Health and Human Services via interagency agreements not approved by Congress.

Despite some Republican skepticism, including from committee Chairman Bill Cassidy who opposes moving special education to HHS due to fears of a "medical model," the bill advanced with a 13-9 vote. Amendments to block all Education Department function transfers and the civil rights office move to the Justice Department failed. However, an amendment requiring cost reporting for these transfers passed. Advocates, including 30 disability advocacy groups, have expressed strong opposition to shifting special education oversight, fearing disruption to services and enforcement of special education law.