Legislation in response to President Donald Trump‘s efforts to gut the U.S. Department of Education would ensure that special education programs continue for American public school students.
U.S. Sen. Tim Kaine of Virginia, a member of the Senate Health, Education, Labor and Pensions (HELP) Committee, introduced the Protecting Students with Disabilities Act yesterday to reaffirm the department’s statutory responsibilities under the landmark Individuals with Disabilities Education Act (IDEA Act) and prevent the Trump Administration from weakening enforcement or disrupting critical services for students with disabilities.
“Every child with a disability deserves an individualized learning plan so that they can be the best they can be. The Trump Administration’s decision to gut special education programs within the Department of Education, including the Individuals with Disabilities Education Act (IDEA), which was already significantly underfunded to begin with, will devastate our students. I’m proud to join my colleagues in supporting the Protecting Students with Disabilities Act so students with disabilities and educators are protected and have the resources they need to succeed,” Kaine said.
The introduction was led by U.S. Sen. Angela Alsobrooks of Maryland. The bill is also cosponsored by Sens. Chris Van Hollen of Maryland, Ben Ray Luján of New Mexico, Bernie Sanders of Vermont and Ron Wyden of Oregon.
Leading advocacy organizations, including the American Federation of Teachers (AFT), National Education Association (NEA), National Center for Learning Disabilities (NCLD), the Council of Administrators of Special Education (CASE) and EdTrust, support the legislation.
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In March 2025, Trump signed an executive order to close the DOE after laying off approximately half of the department’s staff. When he chose U.S. Secretary of Education Linda McMahon for the position, he did so by stating that he hoped she would work herself out of a job by closing the federal education department. While the department does not guide curriculum for American schools or how it should be taught, the department does provide funding for college loans to students through the FAFSA and funding to school systems for students with disabilities.
Education Week reported that on September 5 that more than $30 million of federally-funded special education programs were placed in jeopardy when grant funding was cut for 25 ongoing projects in 14 states. The programs trained teachers to aide special education students.
As a member of HELP, Kaine has long supported equitable access to education for students with disabilities. In July, he introduced the Charting My Path to Future Success Act which would restore cancelled federal funding designed to help students with disabilities succeed in adulthood. In April, Kaine and colleagues wrote a letter to McMahon emphasizing the immense harm shuttering the DOE would have on the millions of students with disabilities across the U.S. Also in April, he cosponsored the IDEA Full Funding Act, legislation that would ensure Congress fulfills its commitment to fully fund the IDEA.