How the Supreme Court’s Latest Decision Puts Special Education Rights at Risk
- Jake Fishbein
- Sep 3
- 2 min read
Last week’s Supreme Court decision shook us deeply. At Highlighter, we are parents first—and like so many of you, we know what it feels like to depend on federal protections and support systems that keep our children’s education on track. The news that nearly half of the U.S. Department of Education’s workforce can be fired while the case is still being fought is not just a headline—it’s a signal of how fragile these protections may be.
We want to break down what’s happening and why it matters, in plain language.

What’s Happening
The Supreme Court allowed the Trump administration to move forward with mass firings at the Department of Education, even though lower courts said those firings were likely illegal. This was done through the “shadow docket”—a fast-track process without full hearings or written opinions.
Why It Matters for Special Education Rights
The cuts target critical offices like:
The Office of Civil Rights
The Office of Special Education and Rehabilitative Services
These are the very teams charged with protecting the rights of students with disabilities. Removing their staff doesn’t just reduce capacity—it risks leaving families without the enforcement and guidance that federal law promises. This puts special education rights directly at risk.
The Main Concern
The ruling lets the Executive Branch dismantle federal agencies by cutting the staff who keep them running, without Congress or a full legal review. In practice, that could mean entire programs required by law—such as special education protections under IDEA—could wither simply because there’s no one left to implement them.
What’s Next
The case is still moving through the courts, but the damage may already be done. If thousands of Education Department employees are gone, it will take years to rebuild the expertise and oversight families rely on to secure their children’s rights.
Why Families Should Pay Attention
For parents and caregivers, this isn’t about politics—it’s about our children’s access to a fair education. The offices most at risk are the same ones that investigate discrimination, enforce disability rights, and make sure schools are held accountable. Without them, families will face even greater burdens to ensure their children get what the law guarantees.
Highlighter’s Commitment
We know this is unsettling news. Highlighter was built for moments like this—to give families tools, knowledge, and confidence to stand strong, even when the systems around us feel uncertain. Whatever happens in the courts, we remain committed to closing the advocacy gap and ensuring you’re not navigating this alone.



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