This year's downsizing of the U.S. Department of Education has intensified debates among parents, special education advocates, and policy experts about how the federal government should better serve students with disabilities.

Some critics of the Office of Special Education Programs (OSEP) within the U.S. Department of Education argue that the office needs a complete overhaul to respond more quickly to parent concerns and school district needs. Others call for its outright abolition. OSEP oversees the implementation of the Individuals with Disabilities Education Act (IDEA), the nation's landmark special education law.

"When we talk about students with disabilities, I think everyone is very sympathetic and cares about them getting the education they need," said Neal McCluskey, director of the Center for Educational Freedom at the libertarian Cato Institute. "But that doesn't mean we should allow all sorts of negative unintended consequences to continue, nor should we authorize the federal government to have a Department of Education that shouldn't exist."

How to improve the effectiveness of OSEP, which is part of the Office of Special Education and Rehabilitative Services within the Department of Education, has been a topic of discussion among lawmakers, educators, researchers, and agency officials seeking to reform the federal role in education for decades.

This year, these discussions have become particularly intense as President Donald Trump has taken steps to shrink the federal footprint in education in pursuit of ultimately closing the Department of Education. Additionally, the situation is complicated by controversies stemming from the current administration's mass layoffs, compounded by a partial government shutdown resulting from congressional gridlock over fiscal year 2026 spending.

"I think the better way to help students with disabilities is actually bottom-up, which is to build a system based on school choice."

Neal McCluskey
Director of the Center for Educational Freedom at the Cato Institute

U.S. Secretary of Education Linda McMahon argued on the X platform on October 15 that the government shutdown itself is a reason to abolish her department. She wrote that despite the shutdown, "students are still going to school, teachers are still getting paid, and schools are operating as usual, which confirms that the Department of Education is 'redundant.'"

In the Department of Education's mass layoffs on October 10, a total of 121 employees were let go from OSERS and OSEP, leaving only a small number of staff. Since then, advocates supporting federal special education involvement have flooded Capitol Hill with letters, pleading with lawmakers to preserve these offices.

Meanwhile, a federal judge extended for the past week a pause on the Trump administration's order to lay off thousands of federal employees during the shutdown. The court order extended a temporary injunction that the same judge had imposed on October 15.

The layoffs came after months of historic changes at the Department of Education, including canceling or suspending billions of dollars in grants for programs such as student mental health support, summer school programs, and services for deaf-blind students. It is estimated that the entire Department of Education currently has only about half the staff it had at the beginning of the year.

OSEP layoffs raise concerns among some

Over the past month, Democratic House and Senate leaders sent letters to McMahon demanding she stop weakening OSEP's staff and services. More than 800 disability rights advocacy organizations, education management organizations, and civil rights organizations issued a joint statement calling on the Department of Education to change course to protect the rights of students with disabilities.

Nearly 60 organizations, including the Council of Parent Attorneys and Advocates and the Council of Administrators of Special Education, asked the Senate to hold hearings on the matter. In an October 23 letter to the leaders of the Senate Committee on Health, Education, Labor, and Pensions, they said the downsizing of the Department of Education would "devastate the implementation of key education and disability laws."

Although the staff reductions at OSEP have left some in the special education field confused and concerned, the Trump administration remains committed to closing the Department of Education and may transfer special education oversight and programs to another federal agency.

Only Congress can authorize the closure of the department—and even if that happens, schools, school districts, and states would still be required to comply with IDEA.

Department of Education officials say any transfer of federal special education oversight functions will not affect or interfere with services provided to students with disabilities. Madi Biedermann, deputy assistant secretary and communications director, said in an October 21 statement that McMahon is "fully committed to protecting the federal funding streams that support our nation's students with disabilities."

The Trump administration wants to eliminate federal red tape and what it calls burdensome rules across all education programs, instead giving states and school districts more control over how federal taxpayer dollars—used for special education and K-12 education as a whole—are spent.

A sign reads "OSEP conference 2025 Progress, Potential and Possibilities" A sign displayed at the Office of Special Education Programs 2025 conference in Arlington, Virginia, on August 6, 2025. Approximately 1,200 people attended this year's conference.

IDEA, which celebrates its 50th anniversary this year, served approximately 8.4 million infants, toddlers, children, and youth with disabilities in 2023 (the most recent year for which federal data is available). Although the federal government spends about $15.5 billion annually on IDEA—roughly 10% of the total cost per student—most special education funding comes from state and local sources.

States can also implement their own special education service policies. For example, IDEA requires schools to serve eligible students up to age 21, while Michigan extends this to age 25.

Because of insufficient federal funding, special education programs across the country have been under strain for decades. In 1975, Congress intended to contribute 40% of the per-student cost of special education but has never come close to achieving that goal.

Adding to the pressure on special education is a severe shortage of special education teachers. Additionally, over the past 10 years, the number of students eligible for special education services has continued to rise, increasing the demand for individualized support.

Helping students with disabilities 'bottom-up'?

Historically, Congress has updated IDEA in a bipartisan manner—as was the case with the last reauthorization of IDEA more than 20 years ago.

McCluskey of the Cato Institute said giving states more control over how federal education funds, including special education funds, are used would spur innovation. Additionally, allowing families to use taxpayer funds to choose schools for their children would enhance family empowerment and satisfaction.

"I think the better way to help students with disabilities is actually bottom-up, which is to build a system based on school choice," he said. "If they don't like the services someone provides, they can take their money and go to someone who provides or offers services they prefer."

If families of students with disabilities choose to transfer them to private schools without the support of the public school system, they lose their IDEA rights because private schools are not required to comply with the law.

Carly Oettinger, a Virginia mother of a child with dyslexia and founder of the Special Education Action website, said OSEP's responses to state violation complaints are too slow. She said that in some cases, the office can take years to process and resolve concerns about IDEA implementation in a state or territory.

For example, under the office's Differentiated Monitoring and Support System, there can be a gap of several years between the discovery of an IDEA violation and the adoption of corrective action resolutions. This monitoring program may involve document reviews, interviews with state and local education staff, feedback from various parent groups and the public, and multiple on-site visits.

"What OSEP has done in the past is better than doing nothing, but 'better than doing nothing' is a pretty low bar, right?"

Carly Oettinger
Virginia mother of a child with dyslexia and founder of the Special Education Action website

Oettinger also noted that it took about two years from when the Department of Education became aware of a special education enrollment cap issue at the school district level in Texas to when the agency determined that the state had violated IDEA.

In Michigan, the Department of Education's Office for Civil Rights determined in 2023 under Section 504 that the state's failure to provide compensatory services to students with disabilities during the pandemic constituted disability discrimination, but according to disability student advocate Marcie Lipsitt, that determination remains unresolved to this day. Lipsitt is the submitter of the complaint that triggered the investigation in 2021.

In fiscal year 2024, the Office for Civil Rights received a record 22,687 complaints, of which approximately 37% involved alleged disability discrimination.

Additionally, according to the 2025 IDEA accountability ratings released by the Department of Education, several states have been repeatedly rated as "needs assistance" in meeting special education goals. This year's ratings are based on fiscal year 2023 performance, taking into account states' compliance with IDEA rules and their progress in improving student outcomes such as graduation rates and participation in inclusive classrooms.

When it comes to the federal government's handling of special education concerns, violations, and persistently low accountability ratings, Oettinger said, "It's frustrating" and sad. "There's a feeling that nothing is going to happen."

Nevertheless, she said, eliminating federal education oversight is not the solution. In fact, if states are not held accountable by the federal government, special education services would get worse.

"States have proven they won't do it voluntarily," Oettinger said. "What OSEP has done in the past is better than doing nothing, but 'better than doing nothing' is a pretty low bar, right? 'Better than doing nothing' shouldn't be our standard for students with disabilities."

Oettinger said what she hopes for is that school districts and states will proactively comply with IDEA regulations. "Invest in compliance, rather than reactively investing in lawyers, because lawyers are very expensive," she said.

Katy Neas, CEO of The Arc, a nonprofit disability rights organization, who served as deputy assistant secretary of OSERS during the Biden administration, said parents have historically pushed for improvements to IDEA. Neas said when problems arise, it is often because roles or responsibilities are not clearly understood.

"One of the most important things the Department of Education does is help clarify the roles and responsibilities of all key players so that children can succeed," Neas said during an October 17 media call organized by the National Education Association about the Trump administration's special education changes.

Becky Pringle, president of the NEA, who spoke on the same call, said the NEA wants the Trump administration to fully staff the Department of Education, including OSERS and OSEP, to meet the needs of students, families, and educators.

"Every student deserves the services they need to learn, grow, and succeed," Pringle said. "Anything less is an abandonment of our children and every parent who loves and supports them."