Impasse at the Education Department: Where Does it Stand Now Amid Shutdown RIFs?

The federal government shutdown and a judge’s order to pause a massive reduction in force ordered by the White House has left the Department of Education in yet another swirl of political and legal confusion.

Since the start of the shutdown three weeks ago, the Trump administration has laid off hundreds of employees at the federal agency that it has targeted for elimination since taking power, following through on a threat to reduce the government workforce in the event of a funding lapse. Office of Management and Budget Director Russ Vought – before the Oct. 1 work stoppage began – directed agencies to consider reductions in force for employees working on programs across a number of agencies that, among other criteria, were “not consistent with the President’s priorities.” The move was widely seen as an effort to pressure Democratic lawmakers to support a Republican-led stopgap funding bill, called a continuing resolution, that would avert the crisis.

But a federal judge said Wednesday that the Trump administration can’t issue new layoff orders or enforce the notices already handed out while legal challenges play out in court. The order comes after a lawsuit filed by two unions – the American Federation of Government Employees and the American Federation of State, County and Municipal Employees – argued that Vought’s use of the shutdown to support the firings was illegal.

Judge Susan Illston of the U.S. District Court for the Northern District of California said the layoffs appear to be politically motivated.

“There are laws which govern how we can do the things we do, including laws which govern how we do RIFs. And the activities being undertaken here are contrary to the laws,” she said.

Illston appeared to agree with the unions’ arguments that the layoffs were an attempt to undo programs that lawmakers authorized by getting rid of the employees tasked with administering them.

“Overturning agency mandates Congress has put in place – they can’t do that,” she said.

Here’s what to know about the layoffs at the Department of Education:

Roughly 20% of the Department of Education, or 466 people, received layoff notices. This follows the nearly 2,000 employees who were eliminated in March in a purge that did away with about half of the agency at the time. That number includes over 1,300 laid-off employees and more than 600 people who accepted separation packages.

Education Secretary Linda McMahon said the shutdown is proving how “unnecessary” the department is.

“The Democrat government shutdown has forced agencies to evaluate what federal responsibilities are truly critical for the American people. Two weeks in, millions of American students are still going to school, teachers are getting paid, and schools are operating as normal. It confirms what the President has said: the federal Department of Education is unnecessary, and we should return education to the states,” McMahon said on social media.

The Office of Elementary and Secondary Education, the Office of Communications and Outreach, the Office of Postsecondary Education, the Office of Special Education and Rehabilitative Services, and the Office for Civil Rights were reportedly impacted by the reduction in force.

The layoffs within the special education office – including to departments mandated by Congress to ensure federal oversight – created widespread condemnation from lawmakers, special education advocates and parents. But McMahon said their concerns are misplaced.

“The Department has taken additional steps to better reach American students and families and root out the education bureaucracy that has burdened states and educators with unnecessary oversight,” she said. “No education funding is impacted by the RIF, including funding for special education, and the clean CR supported by the Trump Administration will provide states and schools the funding they need to support all students.”

The federal government’s fiscal year begins Oct. 1. To fully fund the government, all 12 appropriations bills must be passed by Congress and signed by the president before the start of the new fiscal year. The last time that happened, though, was in fiscal 1997, and Congress often resorts to continuing resolutions that extend current funding while lawmakers hammer out the details of a spending package.

But Congress can’t agree on a stopgap bill. The Republican-led House has passed a continuing resolution that would reopen the government, but repeated attempts to pass such legislation have failed in the Senate – where, despite a thin GOP majority, Democratic support is required to meet the 60–vote threshold to advance bills. Democrats in Congress don’t want to pass such a measure unless it includes extension of a tax credit due to expire at the end of the year that makes health insurance more affordable for millions of Americans. Republicans want to address the tax credit separately.

Initially, McMahon’s shutdown contingency plan included only furloughing 95% of its staff outside of the Office of Federal Student Aid. But the OMB memo calling for layoffs raised the stakes.

The shutdown will stretch into at least this week, possibly longer. The Senate adjourned for the weekend after failing for the 10th time to advance a bill to extend government funding and end the shutdown. House Speaker Mike Johnson has halted all House business and refuses to call lawmakers back into session until the Senate passes a stopgap bill.