Picture of the U.S. Department of Education building in Washington, DC

Federal Special Education Offices Hollowed Out, Putting Students’ Rights at Risk

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.

“Behind every one of these jobs was a lifeline for children and families,” 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.”

OSERS plays a vital role in ensuring states comply with the Individuals with Disabilities Education Act (IDEA) and in managing billions of dollars in federal grants that fund special education and vocational rehabilitation. The offices also provide legal and technical guidance to schools, fund research on effective teaching strategies, support training and retention of special educators, and coordinate transition services that help youth with disabilities move from school to employment and community life.

The Department’s capacity to enforce civil rights is severely weakened. Its Office for Civil Rights (OCR), which investigates discrimination in schools, lost about half its attorneys earlier this year. Families filed a record 22,687 discrimination complaints last year, nearly 40% involving disability. Even before these layoffs, families often waited years for answers. Now, thousands more may never see their cases resolved.

“The Department of Education is the keeper of IDEA’s promise,” said Neas. “Without these offices, students with disabilities have fewer protections to get an education when they face harassment, exclusion, discriminatory discipline, and barriers to access and inclusion that can shape the rest of their lives. They will be denied the chance to learn, grow, and belong in their communities.”

Next month marks the 50th anniversary of IDEA, the landmark law that guaranteed students with disabilities the right to a public education. Before federal oversight existed, many children with disabilities were turned away from schools altogether or placed in institutions with no opportunity to learn. The creation of the modern Department of Education changed that reality.

Now, that progress is at risk of unraveling. Without functioning federal oversight, states may begin interpreting the law differently, eroding the consistency and accountability that Congress intended.

“Children with disabilities will be left behind, not because they cannot learn, but because the systems that help them succeed are being taken away,” said Neas.

The Arc, which helped drive the advocacy that led to IDEA, warns that the law’s foundation is in jeopardy. In 1971, The Arc brought PARC v. Pennsylvania, the first case to establish the right to education for children with intellectual disabilities. That ruling laid the groundwork for IDEA and for the Department of Education as we know it today.

“Our nation’s commitment to education for all is being tested,” said Neas. “The Arc was there when students with disabilities first won the right to learn, and we will do everything in our power to defend it.”

The Arc’s national office is closely monitoring developments at the Department of Education and coordinating with coalition partners to advocate for immediate transparency on how IDEA oversight, guidance, and funding will continue.

Media Contact:
Jackie Dilworth, dilworth@thearc.org