The Quiet Dismantling of Special Education’s Federal Safeguards

The Individuals with Disabilities Education Act, the foundation of special education in America, isn’t being dismantled by Congress or overturned by a court. It’s being quietly weakened by funding cuts and widespread layoffs within the very agency designed to protect it.

For decades, special education has remained one of the few areas of government guided by shared commitment rather than partisanship. Every administration since 1975 has at least preserved the infrastructure needed to ensure students with disabilities receive the education they deserve. I never expected to see that foundation erode.

What just happened at the Department of Education

Last week, during the government shutdown, the U.S. Department of Education announced an unprecedented Reduction in Force (RIF) that eliminated hundreds of jobs, including nearly all staff in the Office of Special Education Programs (OSEP) and the Office of Special Education and Rehabilitative Services (OSERS). These offices are responsible for overseeing IDEA and managing billions in federal special education funding across the country.

For more than fifty years, IDEA has reflected a shared promise: that every child, regardless of disability, has the right to learn and thrive. This move breaks that promise and sends the message that our children’s rights are optional.

Why this matters

The Council of Parent Attorneys and Advocates (COPAA) explained that these cuts “circumvent the will of Congress” and effectively shut down the agency responsible for enforcing IDEA. Federal law requires the Secretary of Education to oversee IDEA and the Elementary and Secondary Education Act (ESEA). With only a few staff left, that oversight is now on life support.

Here’s what that means in real terms:

• Funding oversight: Without OSEP staff reviewing and monitoring grants, billions in IDEA funds could be delayed or misused, leaving schools struggling to fill the gap.

• Accountability: OSEP investigates violations and monitors compliance. Without that capacity, states are left to police themselves.

• Support and guidance: OSEP provides training and technical assistance to states that fall short of IDEA standards. Without it, schools are left guessing how to meet their obligations.

• Data and transparency: OSEP tracks national IDEA data to identify gaps and inequities. Without it, those inequities stay hidden—and unaddressed.

• COPAA reports that with fewer than five staff remaining, OSEP can no longer perform these essential functions. In plain terms: federal oversight of IDEA has effectively collapsed.

What it means for families

This change isn’t abstract. It will show up in your child’s classroom, in your IEP meetings, and in how long it takes to resolve problems when things go wrong.

For years, families have relied on OSEP to review complaints and hold states accountable. Without that oversight, those complaints may go unanswered. The only option left for many families will be to go to court—a process that’s expensive, time-consuming, and emotionally draining.

Problems that could once be resolved through guidance and dialogue will now take months or years to fix. And for families without access to legal help, those rights might as well not exist.

This is not what Congress intended when it passed IDEA.

How this affects every community

This isn’t just a story about Washington. It affects every school, district, and family that depends on special education services.

Students lose protections. Without federal oversight, whether a child receives appropriate services depends on the resources and priorities of their district.

Funding becomes unstable. Billions in IDEA funds could be delayed or misused, forcing districts to cut programs or staff.

Civil rights weaken. IDEA and Section 504 are civil rights laws. Weak enforcement means those rights can fade into paper promises.

Trust breaks down. Families and educators rely on clear, consistent guidance. Without it, confusion grows—and collaboration gives way to conflict.

Disability rights are civil rights. They protect roughly 15% of all U.S. students. This affects everyone.

What we can do now

IDEA is still the law. But a law without enforcement is just a promise on paper.

This is a moment that demands collective action. Federal oversight may have faltered, but families, educators, and advocates can still lead.

Start by staying informed. Keep detailed notes and records. Join advocacy networks in your state. Ask questions. Speak up when something feels off. The more families who stay engaged, the harder it becomes for systems to ignore their responsibilities.

IDEA has always been strongest when families defend it. If the federal government won’t lead, we will—because that’s what protecting our children requires.

Our children’s rights aren’t optional. And we’re not going to let them disappear quietly.