H.R. 433: Department of Education Protection Act
Sponsor
Jahana Hayes
Democrat · CT-5
Congress, not the White House, should reshape the Education Department
Why it matters
Eighteen offices, from Federal Student Aid to the Office for Civil Rights, would be held in their January 1, 2025 shape. H.R. 433 bars the Department of Education from spending its current-year money on layoffs, breakups, or shifting its duties elsewhere.
H.R. 433 is one paragraph long in its operative section. It does not create an office, fund a program, or abolish anything. It restricts what the Department of Education can do with the money it already has.
Under the bill, none of the department's current-year funding could be spent carrying out a reorganization. The definition is wide: decentralizing the department, reducing its staff, or changing its responsibilities, structure, authority, or functionality all count.
The yardstick is January 1, 2025. Any change is measured against how the department was organized and operating on that date, and the restriction applies regardless of any other law that might be cited as authority for a reorganization.
The bill's findings name the 18 offices and institutes that make up that baseline, including Federal Student Aid, the Institute of Education Sciences, the Office for Civil Rights, the Office of English Language Acquisition, and the Office of Special Education and Rehabilitative Services. The findings also argue that creating, structuring, funding, and deciding whether an agency continues to exist are roles that belong to Congress.
The limit covers one fiscal year of already-appropriated money. Keeping it in place beyond that would take new language in a later spending bill or a separate law.
Bill Progress
Latest Action · Jan 15, 2025
Referred to the House Committee on Education and Workforce.
H.R. 433 Bill Summary
What H.R. 433 actually does.
Current money can't pay for a breakup
Funds already appropriated to the Department of Education for the current fiscal year cannot be spent on any activity that implements a reorganization.
Layoffs tied to restructuring are off the table
A reorganization that reduces the department's staffing level falls inside the ban.
Moving work out counts, not just closing offices
Decentralizing the department, or changing its responsibilities, structure, authority, or functionality, is also covered, so transferring programs to other agencies would be blocked too.
January 1, 2025 is the measuring stick
Every change is compared against how the department was organized and operating on that date.
Other legal authority doesn't override it
The restriction applies notwithstanding any other provision of law, so an agency cannot point to a separate statute or order to get around it.
18 offices are named in the findings
The bill's findings list the offices and institutes that make up the department, from Federal Student Aid and the Office for Civil Rights to the Office of Inspector General.
Who benefits from H.R. 433?
Students and borrowers who deal with Federal Student Aid
FAFSA processing, Pell Grants, and federal student loans run through Federal Student Aid, the first office named in the bill's findings. The bill would keep it from being restructured with current-year funds.
Families of students with disabilities
The Office of Special Education and Rehabilitative Services, which oversees special education law and vocational rehabilitation, is named in the baseline and could not be broken up or moved.
Students and parents filing discrimination complaints
The Office for Civil Rights investigates complaints about discrimination in schools and colleges. Its staffing and structure would stay at their January 1, 2025 level for the year.
English learners and the schools that teach them
The Office of English Language Acquisition is one of the 18 named offices, so its role could not be folded into another office or eliminated through reorganization.
Department of Education employees
Staff reductions carried out as part of a reorganization could not be paid for with current-year funds.
Who is affected by H.R. 433?
The Secretary of Education and department leadership
Leadership could not use current appropriations to cut staff, close or merge offices, or move programs out of the department during the fiscal year.
The White House and other agencies
Plans to transfer Education Department programs to agencies such as Labor, Treasury, or Health and Human Services would lose their funding path for the year unless Congress acts.
Congress
The findings argue that structuring and funding agencies is Congress's job. Keeping the restriction in force past one year would require lawmakers to renew it.
States and school districts
Grant programs and oversight would keep running through the same offices and contacts they dealt with on January 1, 2025.
HR433 Legislative Journey
House: Committee Action
Jan 15, 2025
Referred to the House Committee on Education and Workforce.
About the Sponsor
Jahana Hayes
Democrat, Connecticut's 5th congressional district · 7 years in Congress
Committees: Agriculture, Education and Workforce
View full profile →
Cosponsors (132)
All 132 cosponsors are Democrats. Cosponsors represent 35 states: Alabama, Arizona, California, and 32 more.
Alma Adams
Democrat · NC
Dina Titus
Democrat · NV
LaMonica McIver
Democrat · NJ
Andrea Salinas
Democrat · OR
Jill Tokuda
Democrat · HI
Mike Quigley
Democrat · IL
Nydia Velázquez
Democrat · NY
Madeleine Dean
Democrat · PA
Nanette Barragán
Democrat · CA
Valerie Foushee
Democrat · NC
Nikema Williams
Democrat · GA
Rashida Tlaib
Democrat · MI
Cosponsor Coverage Map
Committee Sponsors
Education and Workforce Committee
8 of 37 committee members cosponsored
8 Democrats across this committee haven't cosponsored yet. Mobilize their constituents
H.R. 433 Quick Facts
- Committee
- Education and Workforce
- Chamber
- House
- Policy
- Education
- Introduced
- Jan 15, 2025
Referred to the House Committee on Education and Workforce.
Jan 15, 2025
Official Sources
Official bill page with the text, cosponsors, committee referral, and every action taken on H.R. 433.
The existing law that lets the Secretary of Education reorganize offices within limits, the authority H.R. 433 would override for current-year funds.
FAFSA, Pell Grants, and federal student loans run through Federal Student Aid, the first office named in the bill’s findings.
The office that investigates discrimination complaints in schools and colleges, one of the 18 offices the bill would hold at its January 1, 2025 shape.
Oversees IDEA special education programs and vocational rehabilitation, and is named in the bill’s findings.
Administers Title III programs for English learners; one of the named offices that could not be folded into another office through reorganization.
The department’s research, evaluation, and statistics arm, listed in the bill’s findings as part of the protected structure.
H.R. 433 Common Questions
What does H.R. 433 do?
It stops the Department of Education from spending its current-year funding on a reorganization. That covers layoffs, breaking up or decentralizing offices, and moving the department's duties elsewhere, measured against how it operated on January 1, 2025.
Would H.R. 433 stop Education Department layoffs?
Layoffs carried out as part of a reorganization, yes. The bill bars any restructuring that reduces staffing below the department's January 1, 2025 level from being paid for with current-year funds.
Could the Education Department still be abolished if H.R. 433 passes?
Only Congress can formally abolish a cabinet department, and this bill doesn't change that. What it does is block current-year money from being used to wind the department down or hand its programs to other agencies.
Would student loans and FAFSA be protected?
Federal Student Aid, which runs FAFSA, Pell Grants, and federal student loans, is the first office named in the bill's findings. The bill would keep it from being restructured or moved with current-year funds.
What happens to special education oversight under H.R. 433?
The Office of Special Education and Rehabilitative Services is one of the 18 named offices. Its structure and staffing would stay at their January 1, 2025 level for the fiscal year.
Does H.R. 433 protect the Office for Civil Rights?
Yes. It is named in the findings, so the office that investigates discrimination complaints in schools could not be downsized or restructured with current-year money.
How long would the restriction last?
One fiscal year. It covers funds already appropriated and available in the current fiscal year. Extending it would take new language in a later spending bill.
Does H.R. 433 have enough support to pass?
Not yet. It has 132 cosponsors, all Democrats, and has been in the House Education and Workforce Committee since January 2025. Passing the House takes 218 votes.
Based on H.R. 433 bill text
H.R. 433 Bill Text
“To prohibit funds made available to the Department of Education by previous Appropriations Acts from being used for any activity relating to implementing a reorganization of the Department, and for other purposes.”
Source: U.S. Government Publishing Office
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