Buried Lede: OSEP Will Continue, Richey is Assistant Secretary of OSERS and OCR, and U.S. Dept. of Education Knows More Work Is Needed

U.S. Dept. of Education's recent social media posts celebrate IDEA's 50th anniversary. Tucked within them are confirmations that OSEP will continue enforcement with OCR—and more.

In late November, U.S. Department of Education (USDOE) began posting social media messages celebrating the 50th anniversary of Individuals with Disabilities Education Act (IDEA). Tucked inside those posts are public confirmations that Office of Special Education Programs (OSEP) remains active and that Kimberly Richey is now leading both Office for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS) as Assistant Secretary.

These confirmations did not come through a press release, Federal Register notice, or standard agency announcement. They came through graphics and narration in social media posts. That is the actual lede.

OSEP’s Oversight Role Continues

Despite no formal press release or high-profile announcement, USDOE’s social-media posts serve as the clearest public signal to date that OSEP has not been permanently shuttered and that federal-level special-education oversight will remain in place.

In the November 28, 2025, video posted to social media, Richey speaks about Individuals with Disabilities Education Act’s (IDEA) legacy and explicitly names OSEP and OCR as continuing enforcement authorities:

“The passage of this law was a profound and monumental declaration that every student, regardless of their disability, deserves the opportunity to learn, grow and contribute to their communities. Over the past five decades, the IDEA has opened doors that were once firmly shut. . . .

“We’ve seen significant progress . . . We also recognize that our work is far from over. The Office of Special Education Programs and the Office for Civil Rights are committed to vigorous enforcement and ensuring that the promise of IDEA and other civil rights laws that protect students with disabilities is a reality for every child and every family.

“The 50th anniversary of IDEA is a moment for reflection, celebration, and renewed commitment. It is a reminder of how far we’ve come and the importance of continuing to advocate for the rights and opportunities of all individuals with disabilities. Let’s use this milestone to look ahead, ensuring the next 50 years build on this legacy of access and excellence in education.”

This is not the language of an agency sunsetting a program. It is the language of a senior official stating that OSEP and OCR will continue to play active oversight roles.

Given that OSERS houses OSEP, and OSEP is the office that issues guidance and monitors state compliance, Richey’s remarks amount to a public affirmation that the federal special-education oversight structure remains intact, even amid RIFs, reorganizations, and political chatter about “returning control to states.”

The IDEA-anniversary content does double duty as celebration and confirmation.

Richey Quietly Introduced as Acting Assistant Secretary of OSERS

The same November 28, 2025, video opens with Richey identifying herself as “assistant secretary for civil rights and acting assistant secretary in the Office of Special Education and Rehabilitative Services.”

This matters.

USDOE issued a November 13, 2025, press release announcing her Senate confirmation only as Assistant Secretary for Civil Rights. It made no mention of her assuming leadership of OSERS. That omission is striking, given that the Department extensively publicized the earlier appointment of Diana Díaz-Harrison as OSERS Deputy Assistant Secretary.

The timeline looks like this:

• July 16, 2025: USDOE issued a press release announcing several Trump–Vance appointees, including Diana Díaz-Harrison as Deputy Assistant Secretary of OSERS. Secretary Linda McMahon announced it two months prior during a visit to an Arizona school. At that time, OSERS’ top Senate-confirmed position (Assistant Secretary) was still vacant, so the Deputy Assistant Secretary (Díaz-Harrison) was serving in an acting leadership capacity.

• Government Shutdown (October–Mid-November 2025): USDOE’s site listed Diana Diaz-Harrison as Assistant Secretary (Acting) of OSERS and Deputy Assistant Secretary.

• November 12, 2025: The government shutdown ended. An ITCA (IDEA Infant & Toddler Coordinators Association) update, circulated by Washington State Department of Children, Youth & Families, states, “New Acting OSERS Assistant Secretary Kimberly Richey has been selected to serve as OSERS’ Acting Assistant Secretary.” This indicates that by the date of the federal government reopening, stakeholders were informed of Richey’s selection to lead OSERS in an acting capacity.

• Between November 12–17, 2025: OSERS’ webpage titled “OSERS: OAS, Assistant Secretary” is updated to show Richey as Assistant Secretary. The Deputy position and Díaz-Harrison are no longer listed.

• November 13, 2025: USDOE issues the press release about Richey’s Senate confirmation for OCR, but omits her OSERS role entirely.

This sequence confirms that Richey was officially selected to lead OSERS at least one day before the OCR confirmation announcement—and that USDOE chose not to publicly acknowledge it.

Given that the same person now leads OCR and OSERS, that omission is not trivial. It signals a consolidation of oversight that could finally resolve the long-standing overlap between OCR’s civil-rights jurisdiction and OSEP’s IDEA enforcement obligations—an overlap that has historically allowed major violations to fall into the void between agencies.

For example, in 2022, OCR released findings showing that Fairfax County Public Schools (FCPS)—one of the largest districts in the nation—trained a division of teachers to discriminate against students with disabilities and systematically failed to implement IEPs during the COVID era.

At the same time, OSEP was conducting monitoring of Virginia. OSEP had already identified serious noncompliance at Virginia Department of Education (VDOE), including failure to enforce IDEA across districts. Yet OSEP did not take separate or expedited action regarding VDOE’s failure to address FCPS’ COVID-era failures. OSEP knew VDOE refused to investigate and/or find FCPS in noncompliance in 2020. However, nothing was done until OCR stepped in and made findings in late 2022, after thousands of students had spent two more years being harmed.

While OCR’s mandate squarely includes discrimination, systemic failure to implement IEPs is an IDEA issue, and OSEP had the authority to hold VDOE accountable years earlier. It did not. The agencies’ fragmented roles allowed a massive, well-documented violation to persist until OCR intervened.

Having one Assistant Secretary over both OCR and OSERS/OSEP could finally eliminate this institutional fracture.

Why This Matters

Messaging matters and in this case the messaging has shifted. USDOE’s messaging took a dramatic turn after the government reopened.

The first social media post by USDOE after the government shutdown was a flippant “We’re Back” ad for The Kardashians. The next day came the offensive post stating that it’s time for a new out-of-office email update:

“We heard our Out of Office emails got some attention during the government shutdown.

“Time for an update.

“Thank you for your email.

“We might be away from our desks attending strategic assessments, creating more red tape, and doing nothing to improve student outcomes.

“If this matter is urgent, we recommend you reach out to your state or local education department. They tend to be quicker, clearer, and closer to the actual issue.

“Bureaucratically Yours,

“The U.S. Department of Education”

That message was tone-deaf. In states like Virginia, “quicker” and “clearer” are the last words parents would use to describe VDOE’s handling of IDEA compliance. “Closer to the actual issue,” however, was unintentionally honest. VDOE has fueled the noncompliance, not the solution. The bit about “doing nothing to improve student outcomes” is odd given this is USDOE messaging, hence it could be said to apply to OCR, too. The idea that OCR is “doing nothing to improve student outcomes” is equal parts scary and offensive.

By contrast, Richey’s IDEA-anniversary messages are sober, substantive, and unmistakably adult. They acknowledge progress, emphasize enforcement, and point directly to OSEP and OCR as active federal oversight authorities. There are no jokes, no dismissals, no flippant references to popular culture.

And yet, despite its significance, USDOE issued no press release announcing the continuation of OSEP, the celebration of IDEA’s 50th anniversary, or Richey’s assumption of OSERS leadership. The only official acknowledgement of the anniversary appears in a brief Rehabilitation Services Administration’s (RSA) “What’s New in RSA” November 28, 2025, update.

Final Words

The recent USDOE social-media posts celebrating the IDEA anniversary are more than “celebrations” of IDEA. They’re the closest thing to a public re-affirmation that federal special-education oversight persists. With no formal announcement, no press release, and no Congressional action, it’s easy for the public to miss the significance.

But for families and advocates fighting systemic violations, the fact that OSEP remains intact and that Kimberly Richey is listed as Acting Secretary of OSERS matters.

The lede is not the milestone 50th anniversary.

The lede is that the enforcement structure behind IDEA is still alive and that we may be on the verge of a more effective enforcement system, even if USDOE chose to reveal it only through the fine print of a social-media video.