When Federal Oversight Shrinks, Who Protects Students with Disabilities?

October 24th, 2025

Category: News

On October 10, the Trump Administration began to implement a government wide reduction in workforce, impacting more than 4,000 employees across multiple agencies. As The Alliance for Early Success summarized: The U.S. Department of Education was hit particularly hard, with numerous offices decimated, including the office that administers special education and the office that administers funding for afterschool programs.

Disability advocates are warning that sweeping staff reductions inside the U.S. Department of Education have effectively dismantled the federal offices responsible for protecting the rights of students with disabilities. The Office of Special Education and Rehabilitative Services (OSERS) has lost most of its personnel, leaving only a small team to oversee the nation’s special education and rehabilitation systems.

Said Katy Neas, CEO of The Arc of the United States: “These offices exist because, not so long ago, millions of children with disabilities were shut out of school. They represent our nation’s promise that every child deserves an education and a future. With these offices gutted, families will have nowhere to turn when schools fail to meet their obligations under federal law.” Earlier mandates that gutted the Office of Civil Rights, combined with these new layoffs, may make it harder for families with children with special needs to get the services they need.

The federal government remains shut down. It is unclear when and how negotiations will begin to find a solution to the current stalemate.

Why This Matters Now
With federal staffing gutted, especially within the U.S. Department of Education’s Office of Special Education Programs (OSEP), an office that sits under and is part of OSERS, critical safeguards that protect students with disabilities are at risk of failing when they’re needed most. OSEP plays a critical role in ensuring that states uphold the rights of students with disabilities under the Individuals with Disabilities Education Act (IDEA).

What the Office Does
OSEP is more than a funding source; it’s the federal watchdog ensuring students with disabilities receive a “free and appropriate public education.” It provides technical assistance to states, monitors compliance, investigates systemic issues, and supports families through the Parent Training and Information Centers (PTIs).

Did You Know?
 The phrase, “a free and appropriate public education” comes from IDEA, Section 300.101. This federal civil rights law defines what that education must include and requires states to provide it to every eligible student with a disability.

The term was also upheld and defined by the Supreme Court case Board of Education v. Rowley (1982) and later clarified in Endrew F. v. Douglas County School District (2017).

What the Layoffs Could Mean for States
Fewer federal staff could mean:

  • Delays in IDEA grant distribution and oversight
  • Weakened monitoring and enforcement of student rights and compliance investigations
  • Reduced capacity for technical assistance and guidance to states and local agencies
  • Greater strain on state agencies, especially smaller ones like Delaware’s, which rely heavily on OSEP’s support

 

Why It Matters for Delaware
Students with special needs make up more than 19 percent of the school age population in Delaware or about 27,000 young people across the state. Delaware depends on OSEP for funding, guidance, and accountability. Without strong federal oversight, families may face longer waits for dispute resolution, and students could lose access to consistent, high-quality supports.

What Comes Next
We advise the continued monitoring of updates from the U.S. Department of Education and partners like the Community Legal Aid Society, Inc. (CLASI), the Parent Information Center of Delaware (PIC), the Delaware Department of Education’s Office of Exceptional Children Resources (OECR), the Governor’s Advisory Council for Exceptional Citizens (GACEC), and Delaware Developmental Disabilities Council (DDC) for emerging details on how federal shifts translate to real impacts here in Delaware.

Sources

Urban Institute. February 19, 2025. How Dismantling the Education Department Could Affect Disabled Students across the US.

Delaware Department of Education. May 21, 2024. Accountability and Funding.

Education Writers Association. September 23, 2025. Navigating Special Education Funding Amid Federal Changes.

K12 Dive. October 12, 2025. RIFs rip through federal Office of Special Education Programs.

Learning Disabilities Association of America. (n.d.). The Potential Impact the Closure of the Department of Education would have on Children with Disabilities.

The U.S. Department of Education. August 27, 2025. Office of Special Education and Rehabilitative Services (OSERS).

For more information on the federal changes to public education, please see:

Education Counsel

‘Educational Exile’: How Trump’s Layoffs Threaten Students With Disabilities, EdWeek

Facts in the Flood: Education First’s analysis of federal education policy under the Trump Administration, Education First




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Author:
Nicole Kennedy

nkennedy@rodelde.org

Author:
Paul Herdman

pherdman@rodelde.org

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