WASHINGTON – A federal judge on Wednesday, Oct. 15, temporarily paused the U.S. Department of Education's decision to lay off nearly everyone in its special education division.
Judge Susan Illston in the Northern District of California issued the ruling, which applies to both the Education Department firings as well as thousands of others that swept through the federal workforce over the weekend.
In a court hearing, Illston blasted the White House, accusing President Donald Trump of using the government shutdown for political reasons.
"It's very much ready, fire, aim on most of these programs," she said. "It's a human cost that cannot be tolerated."
The layoffs, first reported by USA TODAY, wiped out the Office of Special Education and Rehabilitative Services, including its Office of Special Education Programs, according to agency employees and their union, AFGE Local 252.
The Department of Justice said in a court filing that nearly 500 Education Department staffers in total were let go. More than 100 of them worked in the Office of Special Education and Rehabilitative Services, according to lawmakers and an Education Department notice viewed by USA TODAY.
But the types of fired staffers ran the gamut, their union has said. They oversaw programs in all sorts of areas, including for historically Black colleges and universities, tribal colleges, charter schools, gifted and talented students, homeless students, civil rights enforcement and more. All those layoffs are on hold (for now).
The terminations in the special education office specifically created a wave of malaise among educators and families of students with disabilities across the country. They also demonstrated the extent to which the Trump administration is willing to use layoffs as leverage to pressure congressional Democrats to end the ongoing, seemingly intractable government shutdown.
Though the agency has not released more details about the latest round of firings in the special education division, Education Secretary Linda McMahon broke her silence on the issue this week. In an Oct. 15 statement, she said the shutdown has forced agencies like hers to evaluate what federal responsibilities are "truly critical" for Americans.
"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.
She suggested that no education funding, including money for special education programs, will be impacted by the new layoffs. Yet nearly every person in charge of administering billions of dollars through the Individuals with Disabilities Education Act was fired, a staffer previously told USA TODAY.
Before the temporary restraining order was issued Wednesday, the Education Department firings weren't scheduled to fully take effect for about two months.
Rachel Gittleman, the president of the union for Education Department workers, said Illston's order was not just a win for her agency, but for students everywhere.
"The fight is just beginning," she said in a statement.
The reversal was the first step in what will likely be a long, protracted set of legal proceedings. Next, the judge will consider whether to issue a more permanent ban on the firings while she considers their legality. The Supreme Court has allowed the Trump administration to successfully appeal such bans related to other Education Department firings, but those cases didn't 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 reach him by email at zschermele@usatoday.com. Follow him on X at @ZachSchermele and Bluesky at @zachschermele.bsky.social.
This article originally appeared on USA TODAY: Judge temporarily reverses Trump's special education layoffs
Reporting by Zachary Schermele, USA TODAY / USA TODAY
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