Information for Probationary Federal Employees: Your Appeal Rights
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Latest Email from HR – 2/10/2025
From: HR <hr@opm.gov>
Sent: Monday, February 10, 2025 6:21 PM
Subject: [EXTERNAL] Fork in the Road: Temporary Extension
In compliance with an order issued today by the District Court of Massachusetts granting a request to extend the Deferred Resignation Program, the program remains open to resignations. Should you wish to accept Deferred Resignation, please reply to this email from your government email address with the word “resign”. OPM intends to close the program to new entrants as soon as legally permissible.
Please visit the OPM website for further information.
Update 2/4/2025
Separating truth from fiction on the “fork in the road”
Civil servants deserve to make life-changing decisions with accurate information and without coercion.
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Information on Executive Orders
The past two weeks have been shocking with Executive Orders being put in place that has caused much concern and confusion for all federal workers as well as the Native Communities our four federal agencies are here to serve.
I want to ensure you all that FISE and our national partners (AFT, AFL-CIO, NIEA) are staying on top of any news that has implications for federal employees. We will try our best to keep you updated.
The following are documents and letters you may find relevant.
LATEST DOI ANNOUNCEMENT 1/29/25
From: Announcement, DOI <DOI_ANNOUNCEMENT@IOS.DOI.GOV>
Sent: Friday, January 31, 2025 2:27 PM
Subject: Deferred Resignation Program
Dear Interior Employees,
On January 28, 2025, the U.S. Office of Personnel Management (OPM) sent a government-wide email presenting a deferred resignation offer to federal employees. The email can be viewed at https://www.opm.gov/fork. As directed by OPM, and on behalf of the Department of the Interior, I am informing you that OPM’s offer is valid, lawful, and will be honored by the Department of the Interior. If you accept the deferred resignation offer, you will receive pay and benefits through September 30, 2025, and will not be subject to a reduction-in-force or other premature separation (This is subject to rare exemptions that may be granted by the agency to employees who work in law enforcement, public safety, border security, or other limited categories of essential employees). In the event of a government shutdown or lapse in appropriations, you will be paid through September 30, 2025, just like any other federal employee. Accepting the deferred resignation offer will not impact your entitlement to backpay under the Government Employee Fair Treatment Act of 2019.
In addition, OPM wanted me to remind you that, subject to rare exceptions, you are not expected to work during the deferred resignation period. Again, except in rare cases, you will be able to take a non-government job during the deferred resignation period after checking with the Departmental Ethics Office. The Department of the Interior is requesting Voluntary Early Retirement Authority (VERA), and OPM has indicated that it will grant such requests at each agency—so eligible employees may receive VERA if they accept the deferred resignation offer. Please check with your servicing human resources office for questions related to VERA eligibility. If your full retirement eligibility date falls within the 2025 calendar year, but after September 30, 2025, the agency may extend your deferred resignation period to the date of your full retirement eligibility.
There have been reports of messages from individuals claiming to be from OPM and requesting personal information, such as account information or passwords. Neither the Department of the Interior nor OPM will ever request this type of information from you. Also, official communications regarding this program will be via the official OPM email or from within the Department, not via text messages.
Thank you,
Mark D. Green
Deputy Assistant Secretary Human Capital, Learning, and Safety
Chief Human Capital Officer.
First AFT Response 1/29/25
Memorandum
To: AFT Leaders
The last two weeks have been unprecedented, with the new president essentially punishing his enemies and rewarding his friends. But the last two days have been even more chaotic, confusing and counterproductive. On Monday, Jan. 27, the new administration created even more chaos when the Office of Management and Budget sent agencies a memorandum that froze funding for federal programs.
The pushback was immediate, including from members of Congress, our allies and the AFT. As a result, today, OMB rescinded the order with the following statement: “OMB memorandum M-25-13 is rescinded. If you have questions about implementing the President’s Executive Orders, please contact your agency General Counsel.”
Unfortunately, that’s not the end. Almost immediately following the statement from OMB, the White House clarified that “This is NOT a rescission of the federal funding freeze. It is simply a rescission of the OMB memo. The President’s Executive Orders on federal funding remain in full force and effect.”
What follows is a timeline of this week’s events, including the AFT’s actions, and our best sense of what this all means. What we do know, as we said in a statement yesterday, is that President Donald Trump’s unlawful pause on all federal aid is catastrophic for America’s working families.
Timeline
The first document released by OMB was a two-page memo requiring all agency heads to pause all federal assistance programs as of Jan. 27 at 5 p.m. and review them to ensure they are consistent with all the president’s policies, including those policies that ban diversity, equity and inclusion initiatives, anti-transgender policies, and other executive actions.
By Feb. 10, according to the memo, agencies are to report all “programs, projects, and activities that may be implicated.” And in the meantime, “to the extent permissible under applicable law,” they must stop all obligations or disbursements of federal funds, including new and existing awards and “other relevant agency actions that may be implicated by the executive orders.”
Responses/Fight Back
Congress:
Almost immediately, leading Democrats on the appropriations committees sent a letter to OMB. House Minority Leader Hakeem Jeffries called the order a “Republican Rip Off,” and Democrats are meeting today on a fight-back strategy,
Courts:
Two lawsuits were filed:
A coalition of organizations filed a Motion for Temporary Restraining Order in the U.S. District Court for the District of Columbia to block the White House Office of Management and Budget. Plaintiffs, represented in the legal challenge by Democracy Forward, include the National Council of Nonprofits, the American Public Health Association, Main Street Alliance, and SAGE. A federal judge in the District of Columbia temporarily blocked implementation of the OMB memo until Feb. 3 at 5 p.m.
Two dozen attorneys general sued in federal court to stop the White House from instituting a pause on trillions of dollars in federal grant, loan and other aid funding. Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin all joined the suit.
Trump Administration/OMB Response:
OMB seemed to walk back the enormous scope of its initial memo, sending out a second memo the afternoon of Jan. 28. This memo stated that any program that provides direct benefits to individuals is not subject to the pause, and the pause is expressly limited to programs implicated by the president’s executive orders tied to ending DEI, stopping the Green New Deal, and funding nongovernmental organizations that undermine the national interest.
In addition to Social Security and Medicare, already explicitly excluded in the guidance, mandatory programs like Medicaid and SNAP will continue without pause. Funds for small businesses, farmers, Pell Grants, Head Start, rental assistance and other similar programs will not be paused.
In addition, Madison “Madi” Biedermann, deputy assistant secretary for communications and outreach at the U.S. Department of Education, shared the following: “The funding pause directed by the Jan. 27, 2025, OMB memorandum only applies to discretionary grants at the Department of Education. These will be reviewed by Department leadership for alignment with Trump Administration priorities. The temporary pause does not impact Title I, IDEA, or other formula grants, nor does it apply to Federal Pell Grants and Direct Loans under Title IV, HEA. The Department is working with OMB to identify other programs that are not covered by the memo.”
AFT Actions
The AFT will continue to fight back. We believe Trump is trying to claw back these funds to pay for tax cuts for the wealthiest Americans regardless of how this would hurt people.
We need your help. Watch what happens to programs where you live. Disruptions were reported yesterday around Medicaid, which provides healthcare to 72 million Americans; Head Start, where hundreds of thousands of kids go to preschool; veterans’ housing; and numerous other services.
The White House also released a list of 2,600 programs it is targeting.
Bottom line: Do not assume a program is “safe” because it does not seem like it would be in the White House’s crosshairs. We will keep you informed, but this will be an ongoing fight to protect our students, families, members and communities.
Second AFT Response 1/29/25
Memorandum
To: AFT Education Leaders
RE: More Chaos and Divisive Executive Orders
This has been an incredibly chaotic and impactful day, following an unprecedented nine days of this new administration. That’s why I am writing my second memo in one day.
First, the federal spending freeze: It was lifted this afternoon by the Office of Management and Budget; then countered by the White House, which said it wasn’t lifted; followed by a second court decision staying the impact of the freeze.
Second, it appears that today was attack public education, vulnerable students and public school educator day. The White House issued two more executive orders: one pushing vouchers and one igniting more culture wars. We will have analyses of both shortly but wanted to get this news to you quickly (and our reactions).
The first education-related executive order stated that all education discretionary funding currently appropriated for other things will now go to vouchers. This does not include formula funding like Title I or IDEA, but it means that agencies like Defense and Interior are asked to find alternatives for the Bureau of Indian Education schools and highly acclaimed Department of Defense Education Activity schools.
Then, at the end of the day, we got the super-duper culture wars executive order that simply observes that our public schools “indoctrinate” children. This executive order fundamentally increases the role of the federal government in public education—requiring, for example, the teaching of a 1776 curriculum and prohibiting their favorite bogeymen: DEI, critical race theory, etc.
Taken together, the two are right from the Chris Rufo playbook: To get universal school choice, operate from a premise of universal public school distrust.
The irony is that the Trump administration, whose main goal is to abolish the Department of Education, is giving that department unprecedented power over curriculum and taking away choices for families.
This will go down in history as a landmark day in the effort to undermine public schools in America.
Here are the links to the executive orders:
Here are the links to our responses:
https://www.aft.org/press-release/afts-weingarten-trumps-assault-educators-and-vulnerable-kids
https://www.aft.org/press-release/afts-weingarten-trump-order-attacking-public-schools
First NIEA Letter 1/29/25
NIEA Sends Letter to Administration on School Choice Efforts
On January 29, 2025, the National Indian Education Association (NIEA) sent a letter to Acting Secretary Cruickshank asking the Administration to uphold the federal government’s trust and treaty responsibility to Indian education as it implements the Executive Order on “Expanding Educational Freedom and Opportunity for Families.” The letter highlights the importance of Tribal consultation in the planning and execution of any school choice funding programs for Bureau of Indian Education (BIE)-eligible students, emphasizing that such initiatives must not deplete already underfunded Tribal school accounts. NIEA underscores that Tribally Controlled Schools, established through self-determination policy, already provide Native families with school choice, but chronic underfunding has hindered their success. The letter stresses the need for additional, separate funding to support expanded educational opportunities for Native students while safeguarding essential BIE resources.
Letter that was sent:
RE: Executive Order on Expanding Educational Freedom and Opportunity for Families
Dear Acting Secretary Cruickshank,
On behalf of the National Indian Education Association (NIEA) and the schools, educators, students, and Tribal Nations we represent, we would like to begin by recognizing the new Administration’s intent to address many of the systemic issues surrounding the Bureau of Indian Education (BIE or Bureau). As part of this effort, we understand the January 29, 2025 Executive Order (EO) on “Expanding Educational Freedom and Opportunity for Families” is aims to ensure all students across the Nation can attend the schools of their choosing and engage in high-quality education.
For Indian Education, the oldest educational obligation in the country, we respectfully request Tribal consultation in decisions regarding the planning and implementation of any school choice funding program for BIE-eligible students. Furthermore, we urge the Administration and Congress to ensure that any such program does not deplete the already underfunded accounts supporting Tribal schools.
Nearly 48,000 Native students are enrolled in BIE-operated or Tribally Controlled Schools, established to fulfill the federal government’s trust and treaty responsibility to Indian education. Due to the underfunded, rural, and remote nature of Native communities, Native students often do not have access to the high-quality, culturally-informed education options that their families might prefer, and which would provide opportunities for the future of our Tribal Nations to thrive. The federal guarantee for Indian Education is much older than the U.S. Department of Education and the obligation is clearly laid out in federal statute.
NIEA and our members believe in school choice, in fact the passage of the Tribally Controlled Schools Act of 1988, P.L. 102-97, signed into law by Ronald Regan, which has been a “crucial positive step toward tribal and community control” over education1. The existence of the BIE allows for Tribal citizens across the Nation to have a culturally-specific choice of school in their local Bureau-funded school. These schools are our schools of choice. A grand majority of the Bureau-funded schools, 128 out of 183, are Tribally Controlled, and previous discussions of school choice funding programs have not distinguished between Bureau operated and Tribally Controlled schools. Rooted in treaties between Tribal Nations and the federal government, the US Constitution, and decades of legal precedent, Congress has a direct fiduciary responsibility to provide federal funding for Indian education. This fiduciary responsibility is both to individual Tribal students, but also to the Tribal Nations themselves. This means Tribes must have the tools and resources to exercise control over the education systems in Tribal communities.
Congress has already established a school choice system for Tribal communities through Tribally Controlled Schools within the BIE, as a product of meaningful Self-Determination policy. However, chronic underfunding has prevented its full realization. Therefore, any additional development of school choice programs for Indian children that does not both secure separate funding from that designed for Tribally Controlled Schools while also ensuring adequate and complete funding for BIE, fails congress’ original intent. Further, any Indian education program which is not funded and designed with Tribal Nations at the table could have wide sweeping detrimental impacts on the current Indian Education system, most importantly, it could inadvertently slash critical accounts, such as the Indian School Equalization Program, which both Tribally Controlled and Bureau-operated schools rely on to maintain all core function of the school, including the payment of staff salaries. In many cases there are little to no alternative educational options in nearby areas, other than local public schools. Of the 183 Bureau-funded schools, 168 of them are in rural or remote areas, leaving only 15 in areas which are likely to have any viable alternatives.
However, NIEA is invested in increasing the resources and ensuring there are viable options for every type of school any Native child may want to attend. Many children in Tribal communities, urban, reservation, rural, and remote, move between various types of schools. Children in the same family will attend BIE, public, charter, and private schools, sometimes changing the type of school they attend mid-year. A school choice system must also account for how funds may need to follow students if they are to move between schools. It’s also essential that the school choice program for Indian students does not undermine Tribal sovereignty by sending funds directly set-aside for the fulfilment of the trust responsibility to Indian education to state governments or their education agencies. Instead, we recommend working with appropriators to ensure a different set of funds to solve the issue of educational choice for Native students.
NIEA understands that this issue is time sensitive and requires swift action. We urge you to formally consult with Tribal Nations and to ensure current funding levels for the BIE are not threatened. We look forward to working with both the Administration and congress to fulfil this attempt to ensure all Native students are able to attend the schools of their choice.
Sincerely,
Jason Dropik
Executive Director
The National Indian Education Association
CC:
Jeff Hurd, Chair, House Subcommittee on Indian and Insular Affairs
Teresa Leger Fernandez, Ranking Member, House Subcommittee on Indian and Insular Affairs
Lisa Murkowski, Chairman, Senate Committee on Indian Affairs
Brian Schatz, Vice Chairman, Senate Committee on Indian Affairs
Mike Simpson, Chair, House Appropriations Subcommittee on Interior, Environment, and Related Agencies
Chellie Pingree, Ranking Member, House Appropriations Subcommittee on Interior, Environment, and Related Agencies
Lisa Murkowski, Chair, Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies Jeff Merkley, Ranking Member, Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies
Second NIEA Letter Dated 1/31/25
NIEA Sends Letter to Administration Regarding Executive Order on Ending Radical Indoctrination
On January 29, 2025, the National Indian Education Association (NIEA) sent a letter to Acting Secretary Carter and Acting Attorney General McHenry regarding the implementation of the Executive Order on “Ending Radical Indoctrination in K-12 Schools.” The letter emphasizes the importance of Tribal consultation in shaping the “Ending Indoctrination Strategy” to ensure that state laws and locally led Tribal efforts to include Tribal history and culture in K-12 curriculum are upheld. It highlights the bipartisan support for teaching Tribal histories in public schools and the need for Tribal representation in policy decisions that impact Native students.
Letter
RE: Executive Order on Ending Radical Indoctrination in K-12 Schools
Dear Acting Secretary Carter and Acting Attorney General McHenry,
On behalf of the National Indian Education Association (NIEA) and the schools, educators, students, and Tribal Nations we represent, we recognize the Administration’s intent to strengthen parental authority and promote National unity. As part of these efforts we recognize the January 28, 2025 “Ending Radical Indoctrination in K-12 Schooling” intends to prevent or rescind Federal funds from being used by an ESA, SEA, LEA, elementary school, or secondary school to directly or indirectly support or subsidize the instruction, advancement, or promotion of “discriminatory equity ideology” in K-12 curriculum, instruction, programs, or activities; or K-12 teacher certification, licensing, employment, or training.
NIEA and our members advocate for local control of education and emphasize the need for community-based decision making in education. Tribal Nations agree that communities and parents are best equipped to determine the needs of our children and are strongly committed to utilizing Tribal sovereignty to educate and protect our children in a manner that is clear and responsive to each of our community’s needs. We welcome the opportunity to work alongside the Administration as partners in developing the “Ending Indoctrination Strategy,” particularly in areas such as curriculum standards, teacher certification, and professional development. It is essential that Tribal histories and cultures are taught in public schools with the input and endorsement of local Tribal Nations, parents, and state legislatures. Including Tribal representatives in task forces authorized to craft recommendations for the President ensures a well-rounded approach which uplifts local autonomy while honoring the federal trust responsibility to Indian Education.
It is vital that Tribal Nations are at the table on behalf of the close to 650,000 American Indian, Alaska Native, and Native Hawaiian students in public schools across the United States. In many states, Tribal Nations have worked in a non-partisan fashion with members of their state legislatures to pass Tribal history laws and work with their state departments of education to implement these policies. Today, thirteen states require the teaching of Tribal Nations’ histories in K-12 schools. These thirteen states vary widely by region, demographic makeup, and political leaning, but all agree on one thing: the importance of Indian Country to the cultural identity of our Nation. Tribal Nations have a history that is woven into the fabric of American history. The passage of these polices in bipartisan states, signals American citizens’ embrace of the teaching of the history of Tribal Nations as a critical part of U.S. History. These laws promise unity amongst Tribal and state citizenries through curriculum which ensures each child has the opportunity to learn about all of the people that make this country great.
NIEA hopes to ensure the “Ending Indoctrination Strategy” protects state laws and local tribally led efforts which direct the inclusion of Tribal history and content in K-12 public school curriculum and honors the storied legacies and rich cultures of Tribal Nations. We are committed to working with the Administration in developing future strategies to enhance educational outcomes for Native students and prepare them for post-secondary success through partnerships with Tribal Nations. Future proposed strategies should recognize the sovereign authority Tribal Nations have over their local educational programming. NIEA recognizes educators experience anxiety and fear over what is taught in the classroom. Our goal is to ensure that these discussions truly reflect the unique fabric of America.
NIEA understands that this issue is time sensitive and requires swift action. We look forward participating with you on Tribal consultation and collaborating state and local policies on Native content. We are optimistic on opportunities for working with both the Administration and congress to ensuring parental authority and local control over education is preserved.
Sincerely,
Jason Dropik
Executive Director
National Indian Education Association
CC:
Tim Walberg, Chair, House Committee on Education and Workforce
Bobby Scott, Ranking Member, House Committee on Education and Workforce
Bill Cassidy, Chair, United States Senate Committee on Health, Education, Labor and Pensions
Bernie Sanders, Ranking Member, United States Senate Committee on Health, Education, Labor and Pensions
Jeff Hurd, Chair, House Subcommittee on Indian and Insular Affairs
Teresa Leger Fernandez, Ranking Member, House Subcommittee on Indian and Insular Affairs
Lisa Murkowski, Chairman, Senate Committee on Indian Affairs
Brian Schatz, Vice Chairman, Senate Committee on Indian Affairs
Information on Deferred Resignation Program 1/31/25
Sharing as a courtesy an all-employee message that will be going out shortly from the Chief Human Capital Officer:
Deferred Resignation Program
On January 28, 2025, the U.S. Office of Personnel Management sent a government-wide email presenting a deferred resignation offer to federal employees. The email can be viewed at https://www.opm.gov/fork. As directed by OPM, and on behalf of the Department of Interior, I am informing you that the OPM’s offer is valid, lawful, and will be honored by the Department of the Interior. If you accept the deferred resignation offer, you will receive pay and benefits through September 30, 2025, and will not be subject to a reduction-in-force or other premature separation (This is subject to rare exemptions that may be granted by the agency to employees who work in law enforcement, public safety, border security, or other limited categories of essential employees). In the event of a government shutdown or lapse in appropriations, you will be paid through September 30, 2025, just like any other federal employee. Accepting the deferred resignation offer will not impact your entitlement to backpay under the Government Employee Fair Treatment Act of 2019.
In addition, OPM wanted me to remind you that subject to rare exceptions, you are not expected to work during the deferred resignation period. Again, except in rare cases, you will be able to take a non-government job during the deferred resignation period after checking with our Ethics Office. The Department of the Interior is requesting VERA authority, and OPM has indicated that it will grant such requests at each agency—so eligible employees may receive VERA if they accept the deferred resignation offer. Please check with you servicing human resources office for questions related to VERA eligibility. If your full retirement eligibility date falls within the 2025 calendar year, the agency may extend your deferred resignation period to the date of your full retirement eligibility.
Information regarding BIE Vouchers
The school choice EO has been released by the WH. The two relevant sections for DoDEA & BIE:
Sec. 6. Helping Military Families. Within 90 days of the date of this order, the Secretary of Defense shall review any available mechanisms under which military-connected families may use funds from the Department of Defense to attend schools of their choice, including private, faith-based, or public charter schools, and submit a plan to the President describing such mechanisms and the steps that would be necessary to implement them beginning in the 2025-26 school year.
Sec. 7. Helping Children Eligible for Bureau of Indian Education (BIE) Schools. Within 90 days of the date of this order, the Secretary of the Interior shall review any available mechanisms under which families of students eligible to attend BIE schools may use their Federal funding for educational options of their choice, including private, faith-based, or public charter schools, and submit a plan to the President describing such mechanisms and the steps that would be necessary to implement them for the 2025-26 school year. The Secretary shall report on the current performance of BIE schools and identify educational options in nearby areas.
ADDITIONAL:
NBC News is reporting that there will be an upcoming “school choice” EO issued by the President TODAY (Wednesday) that will apply to DoDEA and BIE.
Article here: https://www.nbcnews.com/politics/donald-trump/trump-sign-sweeping-executive-order-expand-school-choice-rcna189779
Here is the relevant language in the linked article:
“It would also direct Defense Secretary Pete Hegseth to present a plan to Trump on how military families can use department funds to send their children to schools of their choosing, and it would direct the interior secretary to submit a plan on how students at Bureau of Indian Education schools can take advantage of federal funds for school choice.”
FAQ
We have received a number of questions regarding the deferred resignation program. Below are our top FAQs:
| Q: | Am I expected to work at my government job during the deferred resignation period? |
| A: | No. |
| Q: | Am I allowed to get a second job during the deferred resignation period? |
| A: | Absolutely! We encourage you to find a job in the private sector as soon as you would like to do so. The way to greater American prosperity is encouraging people to move from lower productivity jobs in the public sector to higher productivity jobs in the private sector. |
| Q: | Will I really get my full pay and benefits during the entire period through September 30, even if I get a second job? |
| A: | Yes. You will also accrue further personal leave days, vacation days, etc. and be paid out for unused leave at your final resignation date. |
| Q: | Can I take an extended vacation while on administrative leave? |
| A: | You are most welcome stay at home and relax or to travel to your dream destination. Whatever you would like. |
Reminder that the deferred resignation program is available until Thursday, February 6.
Additional FAQ’s and instructions on accepting deferred resignation can be found on the OPM website by navigating to “Fork” from the top menu.