Tag: RIFs

  • RIFs rip through federal Office of Special Education Programs

    RIFs rip through federal Office of Special Education Programs

    This audio is auto-generated. Please let us know if you have feedback.

    During this tumultuous year at the U.S. Department of Education that saw about half of the 4,133 employees leave due to layoffs, buyouts and early retirements, the staff at the Office of Special Education Programs stayed mostly stable.

    That changed on Friday, however, when the Trump administration issued reduction-in-force notices across the federal government, including at the Education Department. Court filings show that 466 employees at the Education Department were impacted and several special education association leaders say most of the OSEP staff was laid off. 

    On Friday, the department’s press office confirmed that the RIFs affected staff at the Education Department but did not provide more details. 

    The National Association of State Directors of Special Education, in a statement on Sunday, said informal reports that NASDSE believes to be true indicate that only the two most senior staff remain in OSEP and just one staff member remains in the Rehabilitation Services Administration. Both offices are part of the Education Department’s Office of Special Education and Rehabilitative Services.

    NASDSE said it was “confused and concerned” by the staffing changes, adding that the Education Department under the Trump administration has repeatedly said it supports federal funding and implementation of the Individuals with Disabilities Education Act and special education for children with disabilities.

    “These RIFs, if true, will make it impossible for the Department to fulfill those responsibilities,” the NASDSE statement said. “There is significant risk that not only will Federal funding lapse, but children with disabilities will be deprived” of a free, appropriate public education.

    Like NASDSE, several other organizations in the special education field wondered how the Education Department would support special education services across the country with such a limited staff.

    “The rumored near elimination of the Office for Special Education Programs is absolutely devastating to the education of people with disabilities,” said Chad Rummel, executive director of the Council for Exceptional Children, in an email on Saturday.

    Rummel said OSEP’s oversight, technical assistance and accountability efforts are critical to supporting the implementation of IDEA, which celebrates its 50th anniversary next month. About 8.4 million infants, toddlers, children and young adults received services under IDEA in 2023.

    “Eliminating federal capacity to support IDEA is harmful to people with disabilities, their families, and the professionals who serve them, and it runs counter to everything our members work toward every day,” he said.

    Myrna Mandlawitz, policy and legislative consultant for the Council of Administrators of Special Education, said on Sunday that the OSEP staff reductions will put an “extreme burden on states and locals that are already really stretched.”

    IDEA, Mandlawitz noted, is implemented collectively by local, state and federal agencies. The federal staff reductions take away “one very vital piece of the partnership. It’s just hard to understand how it can possibly function,” she said.

    Promises to protect special education

    The RIFs came two weeks into the federal government shutdown that began Oct. 1 as Congress remains at a funding impasse for fiscal year 2026. During the shutdown, the Education Department planned to furlough about 95% of its non-Federal Student Aid staff for the first week, according to a Sept. 28 memo from U.S. Education Secretary Linda McMahon.

    Federal staff are not paid during a government shutdown, but typically receive retroactive compensation. However, there are reports that the Trump administration may try to withhold back pay for this current shutdown, according to the American Federation of Government Employees, a union representing over 820,000 workers in nearly every agency of the federal government.

    McMahon said in the memo that school systems could still draw down federal grants awarded over the summer and processing would continue for the Free Application for Federal Student Aid. Title I and IDEA grants would be distributed as well.

    However, the agency is pausing Office for Civil Rights investigations, new grant-making activities and technical assistance support during the shutdown.

    Source link

  • OCR Can Move Forward With RIFs, Appeals Court Says

    OCR Can Move Forward With RIFs, Appeals Court Says

    Saul Loeb/AFP via Getty Images

    After months of uncertainty, a federal appeals court ruled Monday that the Education Department can move forward with firing half of the 550 employees at its Office for Civil Rights. 

    In March, the department enacted a reduction-in-force plan to eliminate nearly half of its employees, including 276 at OCR, as part of wider effort to dismantle the 45-year-old agency. Those RIFs prompted multiple lawsuits against the department, including New York v. McMahon and the Victim Rights Law Center v. Department of Education; while the former challenged RIFs across the entire department, the latter case was restricted to the RIFs within OCR. 

    Federal district judges issued injunctions in both cases during the litigation process. Then, in July, the U.S. Supreme Court ruled in the McMahon case that the department could proceed with firing half its staff. Despite that ruling, a federal judge in Massachusetts refused to vacate the injunction preventing the department from firing the staff at OCR, arguing that the cases—and therefore their related rulings—remained separate. 

    The government appealed that decision and requested a stay of the RIF injunction. On Monday the United States Court of Appeals for the First Circuit granted that request, giving OCR the green light to fire half its staff.   

    “We note the district court’s careful analysis concluding that the Department’s decision to reduce by half the staff of OCR, a statutorily-created office, imperils Congress’s mandate that OCR ‘enforce federal civil rights laws that ban discrimination based on race, sex, and disability in the public education system,’” the court’s opinion read. “In this stay posture and at this preliminary stage of the litigation, however, we cannot conclude that this case differs enough from McMahon to reach a contrary result to the Supreme Court’s order staying the injunction in McMahon.”

    Source link