A Shrinking Department of Education Does not Shrink Your Obligations

An article shared by Institutional Compliance Solutions.

As the federal government shutdown continues, the Department of Education (ED) continues to experience unprecedented internal cuts. These are more than temporary furloughs; they are permanent reductions in force (RIFs) that are reshaping the ED’s capacity to function.

This is resulting in schools, districts, and institutions being forced to enter a new reality: less federal guidance and oversight, but the same legal responsibilities. Your duty to ensure access and compliance for students and employees has not changed, even if the ED’s capacity has.

What’s Happening at the ED?

Over the weekend and into this week, multiple sources confirmed that nearly 466 Education Department employees — about 20% of the agency’s workforce — have been laid off. Key program areas are gutted or operating with minimal staff. Entire divisions such as the Office of Special Education Programs (OSEP) and the Rehabilitation Services Administration have been almost entirely eliminated, leaving only a few senior leaders in place.

Other critical offices, including the Office of Elementary and Secondary Education, Charter Schools Program, and Innovation and Early Learning, are now operating with skeletal staffing. The impact extends beyond K‑12: the Office of Postsecondary Education, which oversees student support services and HBCU/HSI programs, has also suffered deep cuts.

These layoffs sit within a broader federal pattern as more than 4,000 positions across agencies are slated for termination, not paused. The Washington Post has reported on these agency-wide RIFs and noted that OMB has even said furloughed workers may not receive back pay without Congressional action.

Why It Matters

These are not symbolic reductions. These offices administer billions in federal funding, issue essential guidance, and ensure compliance with laws such as the IDEA, Title VI, and Title IX. The ED’s diminished capacity may lead to:

• Delayed or unclear grant communications
• Longer turnaround on reimbursements
• Slower civil rights investigations or responses
• Less federal guidance on Title VI, Title IX, IDEA, and accessibility

As one observer noted, “There is really not much left.” The infrastructure that supports day-to-day compliance is being hollowed out.

Tuesday Takeaway: Your obligations are not suspended just because federal staffing is. Courts, complainants, advocates, and your own communities will still expect and enforce compliance.

Compliance with federal civil rights laws and funding conditions is not suspended because of a shutdown or the absence of active federal oversight. If anything, it is a time to double down:

• Maintain internal documentation and monitoring systems. With fewer federal eyes monitoring compliance, internal records become critical. Maintain clear, current files on training, accommodations, grievances, and grant reporting.
• Ensure your grievance and accommodation processes continue uninterrupted. Your policies for Title IX, Title VI, disability accommodations, or employee complaints must keep moving even if Washington is not watching.
• Stay connected with legal and compliance advisors to interpret shifting guidance. Silence does not equal approval. Engage counsel and compliance advisors to interpret gaps or delays in federal communication.

Remember that your mission is local, not federal. Access and nondiscrimination begin on your campus, not in D.C. The absence of oversight is not a shield.

At ICS, we are tracking these developments daily and will continue to provide insight and practical tools for our Community Partners and clients as the situation evolves.

Want deeper insight? A new episode of The Law and Education podcast featuring a conversation between Courtney Bullard and Beth Gellman-Beer, a longtime OCR attorney with nearly two decades inside federal civil rights enforcement. To listen to this podcast:  https://icslawyer.com/podcast/