The Future of OSEP and IDEA
- Pati Ortiz
- Dec 9, 2025
- 2 min read
Federal Oversight at Risk: What It Means for California’s Students and Schools
The Trump Administration’s plan to downsize, and potentially eliminate, the U.S. Department of Education (ED) has triggered mass layoffs within the Office of Special Education Programs (OSEP), which oversees implementation of the Individuals with Disabilities Education Act (IDEA). More than 120 OSEP and OSERS employees were terminated in October 2025, prompting bipartisan concern and emergency court actions to halt further reductions. While these layoffs are currently halted, the future remains uncertain.
OSEP ensures that students with disabilities nationwide receive free and appropriate public education (FAPE) and that states and districts comply with IDEA requirements. The current federal retrenchment raises questions about who will enforce these protections if ED is dissolved.
Key Issues
Federal Underfunding: The federal government contributes only about 10% of special education costs, far below Congress’s 1975 commitment of 40%.
Implementation Delays: Federal monitoring of noncompliance often takes years to resolve, leaving students without timely support.
Workforce Strain: Severe special-educator shortages persist nationwide, compounding service gaps for students with complex needs.
Accountability at Risk: Transferring IDEA oversight to another agency, or devolving it to states, could create uneven enforcement and weaken legal recourse for families.
Implications for California
California would retain IDEA obligations, but loss of OSEP guidance and enforcement could create confusion in monitoring, compliance, and funding distribution.
Nonpublic Schools (NPS) and Nonpublic Agencies (NPA) depend on federal IDEA oversight to ensure equitable reimbursement, dispute resolution, and access to specialized services.
Shifting responsibility to the state without federal safeguards risks greater variability in implementation across SELPAs and districts.
Call to Action
CAPSES urges California’s congressional delegation and state policymakers to:
Secure full IDEA funding and federal oversight protections for California’s most vulnerable students.
Ensure that the protections guaranteed by OSEP, OSERS, and OCR are maintained.
Support Collaboration: Federal, state, and private partners must work together to sustain compliance, innovation, and outcomes.
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