The U.S. Department of Education has begun laying off 466 employees during the federal shutdown, which is about one fifth of the agency’s remaining staff. Several offices that protect civil rights and support students with disabilities are among the hardest hit. Reports indicate that the Office of Special Education Programs is dropping from about 200 employees to roughly five. The National Association of State Directors of Special Education says only the two most‑senior OSEP leaders remain, and the Rehabilitation Services Administration is down to one person.
The Individuals with Disabilities Education Act remains the law of the land. Schools must continue to provide a Free Appropriate Public Education through a timely Individualized Education Program. Parents still have the right to use state complaint procedures and due process hearings if timelines slip or services are missed. States must continue to monitor and enforce IDEA. Those requirements are spelled out in federal regulations that did not change with the shutdown.
What this means in practice, in the next few months
Federal guidance will slow. With so few staff at OSEP, new guidance and quick technical answers will be limited. Existing technical assistance centers funded under prior awards may keep producing resources, although federal oversight of those grants will be thin for now.
Monitoring and data checks will slow. Reviews of State Performance Plans and Annual Performance Reports and the validation of IDEA Section 618 data are likely to be delayed, which could blur the national picture on enrollment, discipline, personnel, and dispute resolution.
Money is available, with more friction. IDEA Part B is forward funded, which means states already have access to funds on a schedule that spans July 1 and October 1. During a shutdown, the department’s plan expects the G5 payment system to operate for at least the first week; after that, a small number of excepted staff must step in to avoid disruptions. Short‑term payment hiccups are possible if the lapse drags on.
Civil rights enforcement is stretched. The Office for Civil Rights had already absorbed large cuts earlier this year. Further reductions will add to backlogs on disability and other civil rights complaints in schools and colleges.
What families can do right now
- Put requests in writing. Ask for Prior Written Notice when the school proposes or refuses a change to your child’s program.
- Track evaluation and IEP dates. If services are missed, request compensatory education to make up for lost time.
- Use state processes. File a state complaint for systemic problems, and use a due process hearing for individual disputes. These rights remain in place.
What district and school leaders can do right now
- Treat timelines as non negotiable. Complete evaluations on time, hold IEP meetings as scheduled, and document services delivered.
- Build an internal checklist. Focus on evaluation timelines, Least Restrictive Environment, discipline for students with disabilities, transition planning, and graduation or dropout patterns.
- Prepare for more disputes. Standardize notices and recordkeeping so staff can respond clearly and consistently.
What state leaders can do right now
- Strengthen general supervision. Increase monitoring, publish timelines, and make expectations public.
- Fill the guidance gap. Issue state advisories while federal guidance is paused.
- Protect data quality. Keep Section 618 submissions and validations on schedule and communicate any calendar changes early.
Could this be a chance to build a more equitable Special Education system?
This crisis exposes what must improve. Equity is not a slogan. Equity is the set of choices that close gaps in access, quality, and outcomes.
- Improve early identification. Strengthen practices so multilingual learners, students of color, and students from low income households are identified accurately and on time.
- Invest in inclusive instruction. Expand co‑teaching, accessible materials, and assistive technology so students learn in the Least Restrictive Environment when appropriate.
- Reduce discipline disparities. Review data monthly. If students with disabilities or particular racial groups face more suspensions, respond with coaching and positive supports.
- Elevate family voice. Offer meetings at accessible times, provide interpretation, and explain options in plain language.
- Focus on outcomes. Watch reading and math growth, graduation, and competitive employment after high school. Adjust services if progress stalls.
- Strengthen transition to adulthood. Partner with vocational rehabilitation to expand paid work experiences, credential pathways, and independent living skills.
This is how we move from compliance to justice. The law provides the floor. Communities can raise the ceiling.
The legal backdrop that keeps all of this in motion
Over the summer, the Supreme Court issued an order that allowed the Education Department to proceed with mass layoffs while litigation continues. Subsequent appellate action cleared additional civil rights staff cuts. Lawsuits are ongoing, yet the separations can take effect 30 to 60 days after notice. None of this changes IDEA’s legal obligations for states and districts today.
Bottom line
Special education is not ending. The Individuals with Disabilities Education Act still binds the system. What has shifted is where the weight sits. Families, educators, and states will need to act with clarity and care. If we meet this moment with honest data, inclusive instruction, and strong partnerships, we can protect students today and build a more equitable system for tomorrow.
Thoughts Processed 