What Office of Special Education (OSEP) Layoffs Happened Friday and Why This Matters to Autistic Students

With Department of Education layoffs in the news over the past few days, I thought it might be helpful to share my understanding and interpretation of what this means to many people: the Autistic students we serve, parents advocating for IEPs and/or better IEPS, teachers in both general education and special education roles, and school administration.

On Friday, "reduction in force" (RIF) notices were sent out to employees within the Department of Education (DOE) and Department of Health and Human Services.

466 of these positions lay within the DOE "Office of Special Education Programs" (OSEP) which had previously been largely untouched by earlier federal layoffs.

It has been reported by several news outlets that OSEP was largely "decimated" with some sources citing that only "a handful" of more senior special education employees remain and with one source saying that 2 officials remain.

What do These Layoffs Mean?

OSEP is responsible for overseeing the Individuals with Disabilities Education Act (IDEA) law.

Effectively, this office administers, monitors, and enforces IDEA law. So, put more simply, OSEP allocates and distributes the federal funds for Special Education to local school districts across the country. It also is responsible for ensuring proper implementation of IDEA law across the country.

A statement was released by the National Association of State Directors of Special Education (NASDSE) on Sunday.

They hold that layoffs within OSEP, “will make it impossible for the Department [DOE] to fulfill those responsibilities [implementation of the Individuals with Disabilities Education Act and special education for children with disabilities]" and that there is, "significant risk that not only will Federal funding lapse, but children with disabilities will be deprived” of a free, appropriate public education."

So, What will Happen?

The short answer is that no one knows.

The concern however, is that the system for funding and overseeing IDEA money is gone - so how can the system of distributing and monitoring IDEA grant distribution be maintained?

Layoff notices that went out had a final date of December 9 - so this is the effective date that the OSEP office will no longer be staffed.

But it is important to realize that in January the DOE typically begins reviewing next year's grant applications, a process that runs from January to July. Then these funds are distributed in July. However, it seems right now there will be no one at OSEP to review or approve next year's grants.

So, this school year's funds have already been sent to districts, and this school year is set - it is next year's funds that are in question.

Also, to be aware of, from February to June, states submit their annual performance information to OSEP which is a huge amount of data. The office asks for clarifications in April and then submits their final compliance ratings in June.

Yet, again, it seems the personnel will not be there to analyze this information.

The question that is raised is who, if anyone, will be assessing schools' performance and will any government officials be able to enforce corrective action?

My Take:

Let's bring this home to you - if you are a parent, teacher, school staff, or school administrator.

IEP funds may be interrupted for next year and this may affect your school in regard to families getting an IEP and schools implementing an IEP.

Regardless of this, IDEA law still stands and your child has their civil rights to Free and Accessible Public Education (FAPE). But, for the time being, you may not be able to rely on or challenge a poorly conceptualized or written IEP - that's hard to say.

Learning as much as you can about WHAT your student needs in the classroom and communicating this with teachers in a manner that is collaborative and respectful is vital.

Writing to your state representatives to express your opinion on this is likely more helpful than you realize.

Please, share in the comments what your concerns are regarding these OSEP layoffs.

I am struggling with all of this as well.

Help me to know what you are worried about - I can promise you others are worrying about this as well.

More from Dr. Lisa Marnell and Kids Master Skills . . .

This fall Dr. Lisa launched an AOTA-approved professional development entitled, "Insight to Autism for School-Based OTs"!

This self-paced, online course provides 8 AOTA Contact Hours (0.8 AOTA CEUs) and walks OTPs through a process to bettter understand their Autistic students, support them in schools in ways that align with their Autistic neurobiology (enabling them to feel less stress and experience better quality of life), and show them how to optimize Autistic students' learning while also guiding teachers, staff, and admin to adopt neuroaffirming practices!

Check out Dr. Lisa's professional development at this picture link!

And if you are a parent, teacher, or other school professional, you can take Dr. Lisa's course tailored for you! Learn more about a course for you at this picture link!

If you want to learn more ways to support your autistic students, watch my FREE MasterClass that offers you proactive supports for sensory sensitive children and teens.

Register and watch it HERE: https://www.kidsmasterskills.com/ 

Also, do you have my 10 Neurodiversity-Affirming posters? Download them HERE! 

As always, feel welcome to touch base with me by e-mail at KidsMasterSkills@gmail.com

I would love to hear about your successes, your struggles, your feedback, and any questions or comments you have! Let me know if this post was helpful.

References:

MacLennan, K., O’Brien, S., & Tavassoli, T. (2022). Sensory reactivity differences in autistic adults: An examination across modalities. Journal of Autism and Developmental Disorders, 52(8), 3445–3457. https://doi.org/10.1007/s10803-021-05186-3