Trump and McMahon Wipe Out Special Education Staff in Education Department

Secretary of Education Linda McMahon took advantage of the federal government shutdown to impose additional cuts to the Department of Education. The deepest cuts were imposed on the Office for Civil Rights. Another office that was hard hit was the Office of Special Education and Rehabilitative Services.

During the draconian budget-cutting days of Elon Musk and DOGE, the Education Department’s personnel was almost cut in half, from 4,000 to 2,400. DOE is one of the smallest Departments in the federal government. The latest reduction-in-force cuts terminated the jobs of 466 employees of the Department, including the remaining 20 or so employees overseeing special education programs.

Project 2025 called for all funding streams–especially Title I and special education–to be turned over to the states as block grants, which the states could spend as they choose. Eliminating federal oversight is a significant step towards that goal.

The Education Law Center of Pennsylvania released this statement:

Widespread layoffs in the Office of Special Education and Rehabilitative Services (OSERS) have effectively eviscerated federal enforcement of the Individuals with Disabilities Education Act (IDEA), which requires that the U.S. Department of Education bear the ultimate responsibility for ensuring that local school districts and charter schools comply with special education laws.

OSERS, which includes the Office of Special Education Programs (OSEP), provides essential guidance, reviews and monitors state compliance with federal special education laws, and issues corrective action to states. The impact of its dismantling cannot be overstated: without staff to oversee legal compliance and equitably distribute federal funds, children with disabilities will lack critical federal protections, and become more likely to be excluded and left behind. The Department currently administers more than $15 billion in IDEA funds for special education programs nationwide; OSERS provided essential guidance to ensure effective and equitable use of those funds.

The deep slashing of OSERS’ staff is part of a broad effort by this administration to dismantle the Department of Education (“ED”) and unlawfully flout Congress’ authority; in this case, by abandoning enforcement required under IDEA, a law enacted 50 years ago next month. The IDEA guarantees all children with disabilities access to a free and appropriate education and importantly, this landmark legislation remains the law of the land, requiring continued compliance by states, school districts, and charter schools.

Schools remain legally mandated to follow both federal and state special education laws.  This includes identifying and serving children with disabilities, protecting them from discrimination, and ensuring that they are educated in the least restrictive environment alongside their non-disabled peers. Importantly, Pennsylvania’s Department of Education must continue to ensure schools’ compliance with federal and state special education laws, which may now require increased oversight.  

ELC-PA urges federal legislators to push back against this unlawful dismantling of OSERS and ED. Federal enforcement and oversight is needed to sustain key civil rights protections for children with disabilities. Under our Constitution, only Congress has the authority to create or eliminate federal agencies. These unlawful mass layoffs and dismantling of the Department undertaken by the executive branch will substantially diminish federal enforcement of disability laws and is a devasting setback for students with disabilities who thrive in supportive, inclusive classrooms. Without ED’s enforcement authority, state agencies that fail to meet their legal obligations could face fewer consequences and be less likely to undertake systemic reforms. However, parents will continue to bring administrative complaints and federal court actions against schools and the state to uphold the rights of their children.

We look to Congress and the courts to reject the administration’s efforts to undermine the rights of students with disabilities, restore robust federal oversight, and reaffirm the nation’s commitment to educational equity and to all students with disabilities. The time to push back is now. 

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The Education Law Center-PA (ELC-PA) is a nonprofit, legal advocacy organization with offices in Philadelphia and Pittsburgh, dedicated to ensuring that all children in Pennsylvania have access to a quality public education. Through legal representation, impact litigation, community engagement, and policy advocacy, ELC advances the rights of underserved children, including children living in poverty, children of color, children in the foster care and juvenile justice systems, children with disabilities, English learners, LGBTQ+ students, and children experiencing homelessness. For more information, visit elc-pa.org.

Lindsay Wagner, Director of Communications
(Pronouns: she/her)
Education Law Center-PA | 1800 JFK Blvd., Suite 1900A, Philadelphia, PA 19103
(215) 701-4264 | (215) 772-3125 (fax) | [email protected]