How To Navigate Uncertainty in the Office of Special Education: Tips for District Leaders
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The reduction in force at the U.S. Department of Education has spurred widespread concern about what will happen if federal support structures for special education disappear. Historically, school districts have leaned on the Department for direction on special education issues such as interpreting policy and maintaining compliance. Without federal support, these issues may fall to district administrators, and may put critical programs in jeopardy.
To help education leaders navigate this period of uncertainty, we recently partnered with Dr. David Bateman, an expert on special education law, assessment, and IEP development, for a webinar where he delved into how the reduction in force at the Department of Education may impact special education services in schools—and how you can address it in your district.
Cuts in the Office of Special Education
In October 2025, the Department of Education implemented a massive reduction in force, laying off nearly every employee in its office of special education. Because the layoffs were ordered during a federal government shutdown, a federal judge on October 30th blocked them from going into effect. However, many are concerned that the hold is only temporary.
The layoffs, if they occur, will decimate the Office of Special Education Programs (OSEP), the Rehabilitation Services Administration (RSA), and the Office of Special Education and Rehabilitative Services (OSERS).
OSERS is responsible for Individuals with Disabilities Education Act (IDEA) oversight. Its employees’ responsibilities include administering funding and overseeing implementation of IDEA and other laws, raising concerns about who will manage the funding and ensure compliance with IDEA, among other issues.
The Impact on Schools
The federal special education department’s purpose is to oversee IDEA and protect the rights of approximately 7.5 million students with disabilities to have a free and appropriate education. Although the federal regulations remain in place, if the layoffs occur there will not be enough staff to provide adequate federal oversight.
Here are a few changes you might see, according to Dr. Bateman:
- More pressure on teachers and administrators to handle compliance oversight and concerns. There may be increases in documentation demands and teachers may be asked to complete more audits and paperwork—all of which takes away from instructional time.
- A need for additional professional development to guide teachers in how to handle the new responsibilities, yet PD may be delayed or defunded due to the federal cuts.
- For students, processes may move much more slowly which could potentially result in their Individualized Education Programs (IEPs) expiring, and delays in evaluations, re-evaluations, and new eligibility decisions—all of which may impact students getting the special education support they need.
What Special Education Administrators Need to do Today
By taking action now, you can shore up your processes and procedures and provide some stability during these uncertain times.
Dr. Bateman recommends doing the following:
- Start an Evidence Log: Document all delayed guidance, approvals, and monitoring responses.
- Find Backups: Instead of relying on the Department of Education or OSEP, find state-level backups that can help fill the gaps.
- Audit Timelines: Verify that all IEPs, evaluations, and re-evaluations are being done within statutory deadlines.
- Stabilize Services: Review caseloads and make sure students are getting the services they are required to get.
- Reinforce Documentation Protocols: Require staff to log every session, accommodation, and parent contact.
- Create a Plan to Communicate News to Families: Prepare letters for service changes or delays. Dr. Batman specifically stressed the importance of communicating and training before the crisis as transparent communication is the key to maintaining the trust of families.
- Meet With Building Leaders: Clarify that IDEA’s guarantee of a Free Appropriate Public Education (FAPE) for students with disabilities—and the timelines to provide the required services—still apply despite the federal disruption.
- Confirm How Behavioral Issues Are Handled: Ensure all administrators understand requirements before students are removed from class.
- Create a Funding Plan: Develop a 60-day contingency plan for IDEA-funded positions and contracts.
- Mobilize Advocacy Channels: Share your data with national and state special education associations to push for federal stabilization.
Remember, school districts have a moral—and legal—obligation to support students with disabilities. Times of great change and instability are also prime opportunities for school and district leaders to evaluate current practices and put strategies in place to help their teams weather the storm.
RESOURCES
We partnered with Dr. David Bateman to provide templates that you can use in your communications to parents, staff, board members, and the community.
About the Expert:
David F. Bateman, Ph.D., is a former professor in Pennsylvania where he taught courses on special education law, assessment, and IEP development. He has also worked as a due process hearing officer, building administrator, and classroom teacher for students with a range of disabilities, and been the author or co-author of over 30 books.
He has spent his career focused on helping schools support students with disabilities—not just because it's required by law, but because it's the right thing to do. He believes in empowering educators and parents to feel confident and legally sound in the decisions they make for students with disabilities.
Dr. Bateman uses his background in litigation and special education law to help school districts stay in compliance, recover from disputes, and most importantly, build proactive, meaningful supports for students and better relationships with parents. He also works with state agencies on system-level change and policy improvement.
His goal is to support leaders in leading with clarity and confidence in a complex legal landscape.
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Kelsey Breen
Special Education Coordinator,
Illinois Valley Central School District

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