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by Nathaniel Cline, Virginia Mercury
May 27, 2025

Before a federal judge temporarily halted the dissolution of the agency Thursday, the U.S. Department of Education ensured “uninterrupted services” to children and youth with disabilities, in response to probing questions by U.S. Senators from Virginia and other states about the future of special education.

The questions, spearheaded by Sen. Lisa Blunt Rochester of Delaware in a letter to Secretary of Education Linda McMahon, came after President Donald Trump and his administration launched efforts to dismantle the U.S. Department of Education. A key point of concern for the lawmakers was the one-month freeze on investigations into discrimination complaints that left a backlog of 12,000 complaints, “half of which involve students with disabilities,” Democratic U.S. Sens. Mark Warner and Tim Kaine of Virginia and 20 of their colleagues wrote.

The agency’s plans are of particular significance for Virginia, where a federal investigation found that the Virginia Department of Education failed to meet federal requirements to help resolve disputes involving students with disabilities beginning in 2019.

In December 2024, the investigation ended after the Office of Special Education Programs wrote in a letter that all of its findings and required actions for the agency were closed.

Virginia was responsible for nearly 186,000 students with disabilities this past school year, an increase of almost 5,000 students from the 2023-24 academic period. As federal law requires, Virginia must provide all students with disabilities a “free and appropriate public education” through personalized plans under the Individualized Education Program (IEP).

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Sarah Ursprung, acting assistant secretary for legislation and congressional affairs for the federal department, wrote to lawmakers in April that no formula funding to states, including Title I and IDEA, was cut, and the Office for Civil Rights (OCR) continues its enforcement work with a reduced workforce and the same commitment to vigorous vindication of students’ civil rights.

“The department remains committed to ensuring uninterrupted services to meet the needs and develop the potential of children and youth with disabilities pursuant to the Individuals with Disabilities Education Act (IDEA),” Ursprung wrote in a letter provided to the Mercury.

The senators’ letter also highlighted their reservations about limited staff at the agency. U.S. Sens. Mark Warner and Tim Kaine from Virginia signed Rochester’s letter in April that said the cuts would have “immense harm” to all students.

“While we appreciate receiving a response from the Department of Education, we still have serious concerns about how the department can ensure services for students with disabilities aren’t interrupted when Secretary McMahon has already reduced staff by nearly 50% and said she intends to close the department,” the senators wrote. 

Ursprung said that no employees in the Office of Special Education Programs (OSEP), the Rehabilitation Services Administration or the National Center for Special Education Research (NCSER) were subject to the staff cuts on March 11. Employees involved in policy and administrative functions, whose duties the agency said can be reassigned or eliminated, were the ones subject to firing. 

NCSER-supported research continues with obligated funds, according to Ursprung. The research center helps experts understand more about children who have or may have disabilities by studying them from infancy through college.

The trajectory of the federal education department, and the fallout in Virginia, remains uncertain, after the Massachusetts federal judge paused its dismantling and ordered the Trump administration to reinstate over 1,300 employees. The department is expected to appeal the decision.

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Virginia Mercury is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Samantha Willis for questions: info@virginiamercury.com.

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