Joint Statement on the Elimination of OSEP and the Future of IDEA Oversight
- Pati Ortiz
- Oct 14
- 3 min read
Joint Statement on the Elimination of OSEP and the Future of IDEA Oversight
Over the weekend, the Department of Education (DOE) executed a sweeping dismantling of its Office of Special Education Programs (OSEP) by issuing Reduction in Force notices that will terminate the positions of all but 2 or 3 OSEP staff. This move effectively eliminates the federal body responsible for distributing the $15 billion annual Individuals with Disabilities Education Act (IDEA) funding and overseeing the programs that provide support to students with disabilities and their families. With no clear mechanism in place to replace OSEP’s roles of compliance monitoring, technical assistance, or legal guidance, students with disabilities, families, and state and local agencies now face a perilous vacuum in protection and oversight.
Key implications and concerns:
Legal rights of students are under threat
While IDEA remains law, its protections depend heavily on federal oversight, monitoring, and interpretive guidance, all roles historically fulfilled by OSEP. Without those functions, compliance may become optional rather than mandatory.
Funding flow and accountability are destabilized
OSEP’s elimination severs the line of accountability between Congress’s appropriation of IDEA funds and their lawful usage by states and districts. In effect, states may receive federal dollars without federal oversight. This is a dramatic rollback of checks and balances.
Equity and Safeguards for Families Are at Risk
For decades, OSEP has been a critical safety net for families when local systems fail; a source of accountability, guidance, and recourse. Its removal will disproportionately harm students in under-resourced communities, where families often lack the legal resources to enforce their rights. OSEP also oversees Parent Training and Information Centers and technical assistance networks that empower parents with advocacy tools and knowledge.
Without OSEP’s expert guidance, many families will lose the support they rely on to understand and assert their children’s rights under IDEA.
Unclear transition and authority raise legal and governance questions
The DOE has not clarified what agency, if any, will assume the functions OSEP once held. Some plans floated shifting special education authority to the Department of Health and Human Services, but that move would likely face legal constraints and lacks clear statutory grounding. Moreover, any transfer of responsibilities or dismantling of DOE must adhere to federal law and congressional authority. Executing such changes unilaterally raises substantial separation-of-power and administrative law concerns.
The mission of IDEA is undermined
IDEA is more than a funding formula; it enshrines students’ rights to a Free Appropriate Public Education in the Least Restrictive Environment, due process, and procedural safeguards. The hollowing-out of its accountability mechanisms signals a chilling retreat from the commitment to equitable education.
Call to Action
We urge:
Congress to act immediately to preserve IDEA’s accountability and guidance structure by formally reinstating all OSEP staff.
Stakeholders, advocates, and families to mobilize and demand transparency, clarity, and safeguards in any transition. Reach out to your members of Congress and ask them to urge the reinstatement of OSEP staff immediately.
Legal review and oversight be initiated to challenge unilateral actions that attempt to eliminate or shift these protections outside the scope of congressional authorization.
California state and local entities to maintain vigilance, document impacts of the changes, and continue independent compliance mechanisms to the greatest extent possible, anticipating periods without federal support.
This is not merely a reorganization: it is a paradigm shift. Without prompt, robust intervention, the safeguards that generations have fought to protect may be lost.
Signed,
California Alliance of Child and Family Services
California Association of Private Special Education Services
Disability Rights California
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