The Trump administration has laid off employees of the office overseeing special education, according to an NPR report that cites sources within the department. This reduction-in-force affects the staff responsible for around $15 billion dollars in special education funding, and for making sure states provide special education services to the nation's 7.5 million children with disabilities.
"This is decimating the office responsible for safeguarding the rights of infants, toddlers, children and youth with disabilities," said one department employee, who spoke to NPR on the condition of anonymity out of a fear of retribution.
According to the Office of Special Education and Rehabilitative Services (OSERS), all staff in the office except a handful of top officials and support staff were laid off. The office plays a key role in supporting students with disabilities by offering guidance to families, as well as providing monitoring and oversight of states to make sure they're complying with the landmark Individuals with Disabilities Education Act (IDEA).
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"Based on multiple reports from staff and their managers, we believe that all remaining staff in the Office of Special Education and Rehabilitative Services (OSERS), including the Office of Special Education Programs (OSEP) and the Rehabilitative Services Administration (RSA), have been illegally fired," said Rachel Gittleman, president of AFGE Local 252, a union that represents many education department employees.
"The harm these cuts will cause for the 7.5 million students with disabilities across the country is only beginning," Gittleman added. The laid off employees received a notice that stated they would remain employed till Dec. 9.
There were 466 layoffs in total in the Department of Education amid broader cuts that were announced by government lawyers in a court filing on Friday as the shutdown continues.
According to NPR, employees have described a number of key responsibilities they now fear might go unmet. According to the federal law known as IDEA, states are required to provide special education services for children from birth to age 21. As part of the law, every year states must submit student data to OSERS staff to show they're following the requirements of the law. States must also submit annual plans and apply each year for the billions of dollars available through IDEA to help them pay for special education.
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OSERS staff review those state plans, analyze the data and ensure compliance with federal law. One employee said that in the absence of these staff, "there is no oversight to make sure all children with disabilities get the services they're entitled to." OSERS also answers calls from families who need help understanding their child's rights under federal disability law and, in some cases, seeking help when they worry they're being unlawfully denied services.
"I don't think people realize how many calls we get from parents and families every day," one affected worker said.
President Donald Trump has previously talked about wanting to return education to the states, and to dismantle the Department of Education as part of the plan. "I'm fearful. I think it's good for states to know there's federal oversight and that they'll be held accountable," a state director of special education said. "The concept of leaving special education up to states sounds great, but it's scary. What happens if one state decides to interpret the law one way, but another state disagrees and interprets it differently?"
Multiple sources also questioned the legality of the cuts. Federal law states that there needs to be an Office of Special Education Programs within the Department of Education. According to the sources, effectively closing the office by firing its staff should require an act of Congress.