Senate HELP Committee advances bill blocking transfer of Education Department offices, 13-9

Federal offices that administer special education funding, Indian Education formula grants and K-12 programs in Alaska schools could not be moved to other agencies under legislation the U.S. Senate Health, Education, Labor and Pensions Committee advanced Thursday.

The committee favorably reported S. 5046 by a vote of 13-9.

The measure would bar the Department of Education from transferring the Offices of Special Education and Rehabilitative Services, Postsecondary Education, Elementary and Secondary Education, and Indian Education to any other federal department, along with any programs those offices run.

Sen. Lisa Murkowski, R-Alaska, introduced the bill with Sen. Tim Kaine, D-Virginia, and Sen. Susan Collins, R-Maine. Sen. Maggie Hassan, D-New Hampshire, and Sen. Tammy Baldwin, D-Wisconsin, cosponsored it and voted to advance it.

Murkowski, describing her conversation with Education Secretary Linda McMahon, said the secretary was seeking more time for what Murkowski characterized as a "proof of concept" on the interagency agreements.

"I have a large Native population in my state. Alaska Natives are quite concerned about this. There was no Tribal consultation before any transfer was allowed," Murkowski said.

She said the senators did not object to every transfer the department requested. "But I think it is important to note that this was not a carte blanche, everything that the department has asked to be transferred we are objecting to," Murkowski said.

What the offices at stake do

The Office of Indian Education administers Indian Education Formula Grants. In the department's own description, the office "supports the efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities to meet the unique educational and culturally related academic needs of American Indians and Alaska Natives." The Office of Special Education and Rehabilitative Services supports programs that educate children with disabilities and rehabilitate adults with disabilities. Tribal education departments and advocates for students with disabilities have a direct stake in where those offices sit, because a transfer could change how grants and oversight are administered.

Kaine introduced the bill July 21, according to bill-tracking records, and it was referred to the committee the same day. The Institute for Educational Leadership described the measure in its July federal policy update as a bipartisan response to a package of proposed office transfers. That package is part of a broader national debate over restructuring federal education governance, including proposals to shift key education functions to other agencies and efforts in Congress to preserve the Department of Education's role.