Department of Education - Staffing and Office Closing
Why is the Department of Education/Office of Civil Rights important for a person with dwarfism?
The Department of Education Office of Civil Rights (OCR) is responsible for enforcing Federal laws against discrimination in education for people with disabilities. The Department of Education oversees the implementation of the Individuals with Disabilities Education Act (IDEA) and the implementation and enforcement of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA).
What could happen if the Department of Education is dismantled?
With the high number of terminations and office closings at the Department of Education/Office of Civil Rights, the actual impact on the ability for the Office of Civil Rights to consider and act on complaints is unknown. There is also concern that core Department of Education functions, like OCR, to another agency like HHS, also impacting the ability for complaints to be acted upon.
What do we know as facts?
- The IDEA is a law that requires states and schools to make available a free appropriate public education in the least restrictive environment to 8 million children with disabilities throughout the nation, and makes sure that special education and related services are provided.
- The President Trump has stated repeatedly his intention to abolish the Department of Education. The White House is expected to issue an Executive Order within days to set the process in motion in earnest.
- The Department of Education was created in law by Congress. Only Congress can abolish the agency by passing a new law. Without an act of Congress, the administration can, however, attempt to “soft close” the Department of Education by eliminating employees, closing offices, and interrupting funding and actions, although these actions are vulnerable to legal challenges.
- Shortly after January 20, the Department of Education froze all OCR investigations
- On February 20, 2025, Acting Assistant Secretary for Civil Rights, Craig Trainor, released the hold on complaints but just for those alleging only disability-based discrimination, while continuing to bar OCR staff from advancing the cases of students and families seeking accountability for race- and sex- based claims under Title VI and Title IX, including complaints implicating race- or sex-based discrimination alongside disability-based discrimination.
- Secretary of Education McMahon on March 6, declared an end to the “pause” on OCR complaint processing.
- Less than week later, on Tuesday, March 11, the administration laid off 1,300 of a total of 4,100 Department of Education employees.
- The roughly 1,300 employees will be terminated in 90 days, according to senior agency officials. Those fired began teleworking on March 12 and will go on paid administrative leave starting March 21. Employees will receive severance pay based on the length of their service.
- The Department of Education Office of Civil Rights lost nearly half of their staff. 243 out of 557 employees were terminated, and seven out of the 12 OCR regional offices were closed. Only a skeleton staff were left in the remaining five offices.
- On Thursday, March 13, 20 states (Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, Wisconsin) and the District of Columbia filed a lawsuit in Massachusetts Federal District Court. The states accuse the administration of “effectively nullifying” mandates by Congress that require the department to carry out certain functions arguing: “Here, where Congress has created the Department of Education, the Executive and his agencies cannot incapacitate it, absent Congressional action that directs them to do so.”
- The attorneys general say that with the layoffs, the administration is severely handicapping Department of Education offices created explicitly by Congress, including the Office of Civil Rights, which is losing the majority of its staff, according to the complaint. “The effective gutting of the Department of Education will result in a wide range of devastating harms for Plaintiff States and their residents that could be neither prevented nor mitigated.”
- On Friday, March 14, the non-profit Council of Parent Attorneys and Advocates (COPAA) filed a class-action lawsuit in the Federal District Court of the District of Columbia claiming that the Education Department has "systemically obstructed OCR's investigation and enforcement functions by imposing a general freeze on investigations while directing resources to cases of political interests."
- COPAA asked the court to issue a permanent injunction compelling the Department of Education to restore the investigation and processing capacity of OCR and to process OCR complaints promptly and equitably.
- On March 20, President Trump signed the long-awaited Executive Order 14242 “Improving Education Outcomes by Empowering Parents, States, and Communities” that directed that the “Secretary of Education shall, to the maximum extent appropriate and permitted by law, take all necessary steps to facilitate the closure of the Department of Education and return authority over education to the States and local communities while ensuring the effective and uninterrupted delivery of services, programs, and benefits on which Americans rely.” As stated above, Congress would have to pass legislation to close the Depart of Education.
- At the signing, President Trump stated that “resources for children with disabilities and special needs will be preserved, fully preserved… and redistributed to various other agencies.”
What We Do Not Know Yet
- The details of the impact of the terminations and office closings at the Department of Education Office of Civil Rights on the ability of OCR to consider and act on complaints.
- What attempts will be made by this Administration preemptively to start the transfer of core Department of Education functions, like OCR, to another agency like HHS.
- When and how the Massachusetts Federal District Court will rule on the lawsuit by the states.
- When and how the Federal District Court of the District of Columbia will rule on the COPAA lawsuit.
- Congressional reaction to the terminations and office closings.
Recommended Action
- Anyone living in one of the states that is part of the states’ lawsuit should contact their state Attorney General, thank them, and tell them to continue to support the case.
- Anyone living in a state that is not part of the states’ lawsuit can still contact their Attorney General and tell them to join the lawsuit.
- Contact your elected representatives in the House and Senate and urge them oppose the dismantling of the Department of Education and to take action to stop the administration actions terminating employees and closing offices at the Department of Education, especially those in the Office of Civil Rights.
Toolkit for Taking Action
Need help advocating for the Department of Education/Office of Civil Rights? Download our DOE/OCR Toolkit which includes sample social media prompts, graphic, and a template for contacting your representative
(updated 3-25-25)
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