Education Secretary Linda McMahon also broke her silence on the layoffs shortly before the judge suspended them, suggesting special education funding would not be affected.
President Trump follows through on threat and begins cutting federal jobs
President Donald Trump’s administration made good on its threat to lay off thousands of federal employees, with government agencies issuing “retrenchment” notices heading into the weekend.
WASHINGTON – A federal judge on Wednesday, Oct. 15, temporarily put a hold on the U.S. Department of Education’s decision to lay off nearly everyone in the special education department.
Judge Susan Illston of the Northern District of California issued the ruling, which applies to both the Education Department layoffs and the thousands of layoffs that swept the federal workforce over the weekend.
In a court hearing, Illston slammed the White House, accusing President Donald Trump of exploiting the government shutdown for political reasons.
“We are very prepared for most of these programs,” she said. “This is an unacceptable human cost.”
The cuts, first reported by USA TODAY, wiped out the Department of Special Education and Rehabilitation Services, including the Office of Special Education Programs, according to agency employees and their union AFGE Local 252.
The Justice Department said in a court filing that nearly 500 Education Department employees have been laid off. More than 100 of them worked in the Department of Special Education and Rehabilitation Services, according to notices from lawmakers and the Department of Education reviewed by USA TODAY.
But the union says the types of employees who have been laid off are wide-ranging. They oversaw programs in all kinds of areas, including historically black colleges and universities, tribal colleges, charter schools, gifted students, homeless students, civil rights enforcement, and more. All of these job cuts are on hold (for now).
The layoffs at the Office of Special Education caused a wave of discomfort, especially among educators and families of students with disabilities across the country. They also demonstrated the extent to which the Trump administration intends to use the layoffs as a lever to pressure Congressional Democrats to end the ongoing and seemingly intractable government shutdown.
The agency has not released details about recent layoffs in the special education department, but Education Secretary Linda McMahon broke her silence on the issue this week. He said in an Oct. 15 statement that the shutdown will force agencies like the agency to assess what federal responsibilities “really matter” to the American people.
“The Department has taken additional steps to strengthen support for America’s students and families and to root out the education bureaucracy that has placed unnecessary oversight burdens on states and educators,” he said.
He indicated that education funding, including funding for special education programs, would not be affected by the new cuts. But nearly all of the people responsible for managing billions of dollars through the Individuals with Disabilities Education Act have been fired, officials previously told USA TODAY.
Before the temporary restraining order was issued Wednesday, the Department of Education’s layoffs were expected to take about two months to fully take effect.
Rachel Gittleman, president of the Education Department union, said Illston’s order is a victory not just for the Department of Education, but for students around the world.
“The battle has just begun,” she said in a statement.
The revocation was the first step in what will likely be a long and drawn-out series of legal proceedings. The judge will then consider whether to issue a more permanent restraining order, taking into account the legality of the dismissal. The Supreme Court has allowed the Trump administration to appeal such bans related to other Education Department layoffs, but those cases did not involve a government shutdown.
The next court hearing on the matter will likely take place within the next two weeks.
This story has been updated to add new information.
Zachary Schermele is a Congressional reporter for USA TODAY. You can email us at zschermele@usatoday.com. Follow him on X at @ZachSchermele and on Bluesky at @zachschermele.bsky.social..
