Education Department Reopens After 43‑Day Shutdown as Secretary Pushes to Shrink Federal Role

Education Department Reopens; Push to Shrink Federal Role Resumes

The U.S. Department of Education is set to resume operations after a 43‑day government shutdown. Education Secretary Linda McMahon is expected to restart efforts to reduce the department's footprint in K‑12 policy and pursue structural changes she paused when the government closed.

A federal judge temporarily blocked mass layoffs that took place at the start of the shutdown, and the congressional agreement to reopen the government reversed many of those terminations. That deal also prohibits new firings through Jan. 30, the next budget deadline for lawmakers.

Key leadership and priorities

Two senior nominees confirmed by the Senate in October — Kimberly Richey to lead the Office for Civil Rights and Kirsten Baesler as assistant secretary for elementary and secondary education — could not be sworn in while the government was closed but are expected to join the department soon.

Baesler, the former North Dakota education chief, is likely to handle waiver requests from Indiana and Iowa and to help direct administration priorities such as reducing emphasis on "DEI" initiatives and expanding the use of artificial intelligence in schools, according to Julia Martin of The Bruman Group.

State flexibility and accountability requests

Iowa and Indiana have asked the department to allow them to convert federal K‑12 funds into block grants with fewer federal requirements. Iowa Gov. Kim Reynolds cited rising state test scores as evidence that states can manage federal dollars without close federal oversight. Margaret Buckton, executive director of the Urban Education Network in Iowa, said single federal grants often "aren't significant enough to move the needle on school improvement."

Advocates counter that the Every Student Succeeds Act already provides considerable flexibility and warn that blending funds could prevent districts from spending them as Congress intended. Indiana is also seeking to broaden its school rating system to emphasize measures such as work ethic and financial literacy; education advocates caution those proposals may be premature while the state continues soliciting feedback and must retain key indicators like graduation rates and English‑learner progress.

Special education oversight dispute

To advance a goal of shrinking the agency, McMahon has explored shifting oversight of special education programs to the Department of Health and Human Services despite lacking congressional authorization and facing strong opposition from advocacy groups. "The department is exploring additional partnerships with federal agencies to support special education programs without any interruption or impact on students with disabilities, but no agreement has been signed," spokesperson Madi Biedermann said in an Oct. 21 statement. "Secretary McMahon is fully committed to protecting the federal funding streams that support our nation's students with disabilities."

Opponents say the plan amounts to abandoning students with disabilities. Jacqueline Rodriguez, CEO of the National Center for Learning Disabilities, called the move "walking away from our responsibility to children and hoping that no one notices." Families have reported confusion over service continuity, and advocates have discovered broken links and missing documents related to civil rights investigations and state monitoring reports on the department's website. Advocates warn that moving the department's digital infrastructure could cause long delays in access to critical records.

Some parents, however, say state officials can sometimes respond more quickly to local disputes than federal officials. Tricia Ambeau, an Arkansas mother of a child with Down syndrome and autism, said closer oversight can produce "better results" because state officials can visit districts in person.

Student nutrition and school supports

Although the Supplemental Nutrition Assistance Program is administered by the Department of Agriculture, the shutdown and a related court battle over benefits created stress for families. With the government reopened, recipients' electronic benefit transfer (EBT) cards should be refilled as usual. During the closure, many school districts — from Atlanta to Los Angeles — stepped up food distribution and served extra meals, and some districts urged parents to apply for free or reduced‑price lunch for children not already enrolled.

Proposed IDEA reporting change draws widespread comment

During the shutdown the department continued to accept public comments on a proposed rule change to the Individuals with Disabilities Education Act (IDEA) that would remove the requirement for states to report data on racial and other disparities in special education services — including disciplinary outcomes for students with disabilities. The department said the change would "reduce the burden on respondents when completing the annual state application."

Data show Black students are overidentified for some disability categories and underidentified for others; students with disabilities are also suspended and expelled at higher rates than their peers. Critics say removing reporting risks losing transparency about disparities. The proposal drew more than 1 million public comments, many opposing the change. EdTrust argued that the current rule "ensures transparency and promotes fairness in educational opportunity for all students." Michael Petrilli of the Thomas B. Fordham Institute said data collection should be preserved even as schools pursue discipline reforms.

Charter grants and school choice

The department recently awarded $500 million in charter school grants — roughly $60 million more than the previously authorized level of $440 million — to support charter schools' start‑ups and expansions. The shutdown, however, cut off some new grantees' access to start‑up support during a critical launch window, delaying openings and expansions in places such as Alabama, which received about $30 million. Critics say the department is expanding charter support for political reasons amid slowing charter growth and some network closures.

Guidance on prayer and First Amendment concerns

Work on guidance about prayer in public schools was also interrupted. The department's most recent update followed the Supreme Court's decision in Kennedy v. Bremerton, which ruled a school district could not bar a coach from privately praying on the field after games. The guidance clarifies that school employees may privately pray or express their faith (for example, by wearing a cross) during school hours but may not "compel, coerce, persuade or encourage students" to take part. Observers urge educators and parents to watch for any shifts in guidance that could permit one religion to be imposed on students.

Outreach and research disputes

Secretary McMahon has continued her "Returning Education to the States" tour, highlighting charters and private schools while also visiting some district campuses. She said the department is assembling "toolkits" of promising practices on topics such as literacy and school discipline. Critics, including Cara Jackson of the Association for Education Finance and Policy, accused the department of trying to claim credit for work halted by funding cuts to the Institute of Education Sciences and the termination of regional education labs; several contracts were later reinstated and lawsuits are ongoing.

Supporters of eliminating the department say producing toolkits while advocating to shrink the agency is contradictory. "Why do it if you don't think the department should exist at all?" asked Neal McCluskey of the Cato Institute.

Bottom line: With the government reopened, the Education Department is resuming a wide‑ranging agenda that includes increasing state flexibility, revising accountability and reporting rules, boosting charter support, and exploring major structural changes to special education oversight — all amid strong pushback from advocates, parents, and education organizations.