Attorneys for Federal Employees — Nationwide

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Today at a Glance

• OPM performance ratings proposal — Could make top ratings harder and raise the stakes for awards and discipline.

• ACWA hiring assessments ended — Job applicants may see new hiring tests and scoring methods above GS-4.

• Education Dept reorg updates — Work is moving; staffing changes may follow, so document everything.

Top Stories:

1. OPM to Tighten Reins on Federal Employees’ Performance Reviews

Source: Federal News Network — February 24, 2026

TL;DR: OPM proposed new rules that could change how agencies score performance, including allowing “forced distribution” ratings in some situations.

For federal employees, this means:

• Your agency may later change how many people can receive top ratings, which can impact awards, promotions, and future job moves.
• Performance ratings could play a bigger role in performance-based actions if the rule becomes final.
• If you are in a bargaining unit, the way you challenge performance decisions may depend on your union contract and agency procedures.

Legal Insight:
This is a proposed rule tied to federal performance rules (often called Chapter 43 and related regulations). If your agency updates its appraisal system, save the policy, your performance plan, and your midyear and end-of-year reviews. If a rating changes late in the cycle, ask for the reason in writing and keep copies. If a rating is being used to justify a PIP, discipline, or removal, deadlines can be short—consider talking with your union and a qualified federal employment attorney.

2. Ending Use of Administrative Careers with America (ACWA) Assessments

Source: U.S. Office of Personnel Management — February 24, 2026

TL;DR: OPM ended the use of ACWA assessments and stopped hosting the ACWA rating schedule in USA Staffing.

For federal employees, this means:

• If you apply for federal jobs, you may see different assessments or testing methods—especially for roles that previously relied on ACWA-style questionnaires.
• Agencies are being directed to use validated tools (like structured assessments) for competitive hiring above GS-4.
• If you believe an assessment was applied unfairly, you will want clear documentation of what you were asked to complete and how you were scored.

Legal Insight:
This is federal hiring policy guidance, not a personal decision about your application. When you apply, keep the full vacancy announcement, your submitted answers, and any notices about “referred” or “not referred.” Screenshot key assessment screens when possible. If you suspect discrimination or retaliation in a non-selection, start a timeline right away and preserve comparator information (who was selected, what they had, what you had). Because EEO and other deadlines can be short, consider union and attorney guidance if the situation is serious.

3. Education Dept Moves More Work to Other Agencies, But Hasn’t Reassigned More Employees Yet

Source: Federal News Network — February 23, 2026

TL;DR: Education is transferring some program work to other agencies through interagency agreements, but says it has not yet reassigned more employees.

For federal employees, this means:

• You may see changing duties, reporting lines, or “temporary” taskers as work shifts between agencies.
• Details or reassignments may follow later, even if the agency says staffing changes have not happened yet.
• If changes affect your job, location, schedule, or conditions of employment, you should track what you are told and when.

Legal Insight:
Reorganizations can affect your rights depending on what comes next—details, directed reassignments, position description changes, or RIF steps. Save all reorg emails, org charts, and written instructions about duties and reporting. If you are told to accept a detail or reassignment, ask for the terms in writing (start/end date, duties, supervisor, and any travel or location expectations). If you receive a formal notice tied to adverse action or RIF planning, consider talking with your union and a qualified federal employment attorney because deadlines can be short.

Legal Tip of the Day

Read Every Notice Like It Matters

Letters titled “Proposal,” “Decision,” or “Notice of Right to File” are more than just paperwork—they start clocks running. When you receive a notice about performance, discipline, or appeal rights, read it carefully the same day and note any response or appeal deadlines on a personal calendar. Keep a personal copy at home. Do not assume a supervisor’s verbal reassurance overrides the written letter. If a notice is confusing or feels more serious than you expected, our office can help you understand what it really means before you decide how to respond. 

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