US Senate panel advances bill to reject Education Department transfers

The Senate bill, sponsored by Democratic Sen. Tim Kaine of Virginia, with GOP Sens. Susan Collins of Maine and Lisa Murkowski of Alaska as original co-sponsors, would block IAAs that transfer programs regarding special education, elementary and secondary education, postsecondary education and Native American education.

Part of the measure takes aim at Education’s efforts announced in June to outsource programs under its Office of Special Education and Rehabilitative Services, or OSERS, to the Department of Health and Human Services. 

OSERS is responsible for administering the Individuals with Disabilities Education Act, or IDEA, which guarantees a free public education for students with disabilities.

Education has so far entered into agreements with HHS, along with the departments of Labor, Interior, State, Treasury and Justice, to offload several of the department’s core responsibilities to those agencies.

Collins, Murkowski join Dems

Collins said the “straightforward” bill “keeps the administration of important landmark education programs at the Department of Education — where Congress specifically put them and where they belong.”

All Democrats on the panel voted to advance the measure. They are: Kaine, Patty Murray of Washington state, Tammy Baldwin of Wisconsin, Chris Murphy of Connecticut, Maggie Hassan of New Hampshire, John Hickenlooper of Colorado, Ed Markey of Massachusetts, Andy Kim of New Jersey, Lisa Blunt Rochester of Delaware and Angela Alsobrooks of Maryland.

Vermont independent Sen. Bernie Sanders, ranking member of the panel who caucuses with Democrats, also voted to advance the bill. 

Collins and Murkowski were the only GOP members to join Democrats. 

GOP Sen. Rand Paul of Kentucky did not vote. 

The panel’s chair, Sen. Bill Cassidy, voted against the bill, saying that while he opposes the transfer of special ed programs to HHS, he is open to moving OSERS to the Labor Department. 

“I don’t oppose all of these IAAs,” the Louisiana Republican said. “I do think the administration should be allowed to pilot how to address inefficiencies and the potential for efficiencies by operationalizing these IAAs.”

The other GOP members who voted against the measure were Sens. Roger Marshall of Kansas, Tim Scott of South Carolina, Josh Hawley of Missouri, Tommy Tuberville of Alabama, Jim Banks of Indiana, Jon Husted of Ohio, Ashley Moody of Florida and Alan Armstrong of Oklahoma. 

‘Show us the price tag’ 

The panel also approved an amendment to the bill from Murray that would require Education Secretary Linda McMahon to report to Congress on the cost estimates for each of the IAAs her agency has signed with other departments. 

“My amendment is very simple — it asks one thing: Tell Congress and the public what these interagency agreements actually cost taxpayers,” Murray said. 

“If you’re proud of this deal, show us the price tag,” she added. “What do you have to hide?” 

Education Department defends transfers

Trump has sought to take an axe to the Education Department in his quest to send education policymaking “back to the states.” That push continues despite much of the oversight and funding of schools already occurring at the state and local levels. 

Savannah Newhouse, an Education Department spokesperson, said “the era of coddling a failed status quo must end,” in a statement to States Newsroom Thursday.

“Secretary McMahon promised Congress a proof of concept that is currently underway and delivering results across our partner agencies, and it is entirely premature to sabotage this effort before it has the chance to eliminate bureaucratic barriers and fully deliver the results that our students, families, and educators deserve,” Newhouse added. 

McMahon, along with the heads of the six departments involved in the IAAs, defended the agreements in a letter sent to the GOP and Democratic leaders in the House and Senate the same day the Senate panel advanced the bill. 

“Misconceptions have circulated about our fourteen IAAs,” McMahon and the leaders of the agencies wrote. 

“Since these agreements were signed, however, they have demonstrated measurable results by driving stronger grant competitions, streamlining government operations, and producing better outcomes for Americans.”

The Senate measure sharply contrasts with a package that advanced out of a House education panel this month that would greatly reduce the department’s responsibilities.