Public Policy Update - October 31, 2025
Federal Appeals Court Temporarily Allows OCR Downsizing
In a decision filed on September 29th, a three-judge panel of the 1st Circuit Court of Appeals in Boston overruled a lower court decision and temporarily allowed the U.S. Department of Education (ED) to continue reducing Office for Civil Rights (OCR) staff. At issue is whether laying off 264 employees interferes with a mandate from Congress or whether the reduction in force is similar to the Supreme Court decision that allowed for broader ED layoffs across the agency. It is unclear what will happen to the 80 employees already reinstated due to the earlier court decision. In their decision, the three-panel judges stressed that their decision was temporary. Meanwhile, all OCR functions are halted for the duration of the federal government shutdown.
Read the decision here.
ED Reminds States of Requirements to Seek Waivers on Alternate Assessments
The U.S. Department of Education (Department) has sent a letter to States outlining key requirements to request a waiver or waiver extension for the 2025-26 school year (SY) from the 1.0 percent cap (1% cap) on the percentage of students who may be assessed with an Alternate Assessment Aligned with Alternate Academic Achievement Standards (AA-AAAS). As allowed under the Elementary and Secondary Education Act (ESEA), and whose new requirements regarding AA-AAAS were first implemented in SY 2017-2018, the Department reminds states that the 1% cap is calculated based on 1% of all students assessed in a given subject across the State and lays out the requirements to submit a new waiver, seek to extend a waiver granted last year, seek to request a new waiver after having its request denied last year, or a combination of a new waiver and an extension. While ESEA requires that 95 percent of students in the general population and for each student group (i.e. English Learners, race/ethnicity, low-income, disability status) are assessed annually, the Department clarifies that the Individuals with Disabilities Education Act (IDEA) requires 100 percent of students with disabilities be assessed annually in reading and math. Central to the letter is data highlighting State waiver use from SY 2017-2018 through SY 2023-2024 which shows a “marked improvement across the country”. The Department reports specifically that the number of States that are now below 1.0 percent [of students assessed with AA-AAAS in mathematics] doubled, and the number of States assessing over 1.3 percent of students decreased from 16 to 9 States, with a similar trend occurring in reading/language arts.
View the Department letter to States here.
Edley Center Issues White Paper on DEI
The Edley Center on Law and Democracy at UC Berkley has issued a white paper titled The Truth about DEI. Written by Catherine E. Lhamon, Executive Director, and Seth M. Galanter, Senior Fellow, former Office for Civil Rights officials under Presidents Obama and Biden, the paper challenges the Executive Branch’s claim that it has the authority to determine the meaning of the law. It provides a brief overview of what civil rights law permits organizations to do, includes examples of the Administration’s inaccurate statements about the legality of DEI, and outlines possible actions organizations can take when engaging with the federal government in response to the Trump Administration’s stance on equity initiatives.
Access The Truth about DEI here.
Federal RIF Complicates Shutdown Despite No Legal Connection
In a unilateral move that has caught both Republicans and Democrats in Congress off guard, the Administration announced on October 10 a massive Reduction in Force (RIF) that has reportedly impacted thousands of federal employees who were (mostly) at home on furlough due to the federal shutdown. While some agencies were spared, the Senate Health, Education, Labor and Pensions Committee staff have confirmed that 466 staff at the U.S. Department of Education received their 60-day notice; impacting every agency office including Budget, Communications, Elementary and Secondary Education, Special Education, Rehabilitative Services, Post Secondary Education, Civil Rights and more. At the Department of Health and Human Services, nearly 1300 employees were notified of the RIF with more than half coming from the offices that focus on mental health services, disease outbreaks, and disaster preparedness. The RIF, initially issued as a threat to impose pain on “Democrat programs,” was widely seen as a leverage point in negotiations with Democrats to reopen the government. On October 15, a federal judge issued an emergency, temporary “stay” on the RIF –which places a hold on the firings only as it relates to the timing with the federal shutdown.
Commission on Civil Rights Reports on Impact of Teacher Shortages
The U.S. Commission on Civil Rights (USCCR) has issued a report titled The Federal Response to Teacher Shortage Impacts on Students with Disabilities, describing how the national teacher shortage impacts students with disabilities and providing an assessment of the U.S. Department of Education response to the shortage. The report is organized into three main sections: Chapter 1 introduces the issue, outlining the legal rights of students with disabilities and explaining the federal government’s responsibility for protecting those rights. Chapter 2 examines the nationwide teacher shortage, the ways in which the COVID-19 pandemic worsened the crisis, and the specific effects on students with disabilities. This chapter details case studies from six states—Kansas, Maine, Mississippi, Nevada, North Dakota, and West Virginia—to illustrate the problem at the local level. Chapter 3 reviews how Congress and the U.S. Department of Education have responded to these challenges. The report concludes that the shortage of qualified teachers has significant and lasting effects on students with disabilities, leading to diminished educational quality, lower academic performance, and reduced long-term opportunities for employment and independence. Although the Commissioners did not reach a consensus, the report highlights expert recommendations regarding the path forward.
Read The Federal Response to Teacher Shortage Impacts on Students with Disabilities here.
House Democrats Host Forum on Disability, Emphasized Education
In support of National Disability Employment Awareness Month, Ranking Member Robert C. “Bobby” Scott (D-VA) hosted a civil rights forum on October 15 with disability rights leaders, where they discussed the impacts of the Administration’s “attacks” on disabled Americans. In his opening, Scott noted, “In October, we recognize the decades-long fight for equal employment opportunities for people with disabilities, and today, we face an unprecedented rollback of diversity, equity, inclusion, and accessibility that we have not seen the likes of since the 1960s.” Scott and other members of the Democratic caucus participated in a moderated discussion led by Dante Allen, Former Commissioner of the Rehabilitation Services Administration, and panelists Jennifer Mathis, Esq., Deputy Director, Bazelon Center for Mental Health Law, Julie Christiansen, PhD, Executive Director, Association of People Supporting Employment First, Selene Almazan, Esq., Legal Director, Council of Parent Attorneys and Advocates, and Erin Prangley, Director of Public Policy, National Association of Councils on Developmental Disabilities.
View the Forum here.
ED Secretary Speaks Up About Plans to Shift Programs Out of ED
Multiple press outlets have reported that Secretary of Education (ED) Linda McMahon -as verified through ED’s communications office- is working to “make good on pledges” from the President to close the department and send programs, including activities related to the Individuals with Disabilities Education Act (IDEA) elsewhere. Specifically, ED spokesperson Madi Biederman said, “the department is exploring additional partnerships with federal agencies to support special education programs without any interruption or impact on students with disabilities, but no agreement has been signed.” Meanwhile, more than 800 local, state, and national organizations have issued a statement calling upon the Administration and Congress to “protect children with disabilities, reverse layoffs, and uphold access to key educational services.” Also, a group of over 60 national organizations sent a letter to Chairman Cassidy (R-LA) and Ranking Member Sanders (I-VT) to request an oversight hearing from the Senate Health, Education, Labor and Pensions Committee regarding Executive violations of statutory requirements under the IDEA and the Rehabilitation Act of 1973.
Read the Statement Condemning ED for layoffs here.
Read the Letter requesting the Senate oversight hearing here.
