There’s a knot forming in my stomach as I write this—the same feeling I get before difficult IEP meetings. I’ve just learned about plans to move special education out of the Department of Education and into Health and Human Services. As both an advocate and the mother of a child with autism, I need you to understand why this matters for all our kids.
This isn’t just shuffling paperwork from one government building to another. This represents a fundamental shift in how America views our children’s educational needs—from rights to medical issues.
Right now, under IDEA, our children have guaranteed educational rights. The school must provide services they need to learn. But if special education moves to HHS—an agency designed around medical models—our kids’ learning needs could be treated like health conditions requiring treatment, not education requiring accessibility.
Let that sink in: Instead of having legal educational rights, our children might face insurance approvals. And we all know what insurance companies do best—denying claims. They’re already threatening to cut anesthesia coverage. Do we really think they’ll approve our kids’ reading interventions?
As I mentioned in a previous post, there’s an absolutely crucial detail here: Currently, IDEA and the Department of Education that protects special education is governed by Congress. However, services that move to Health and Human Services would be governed by the Supreme Court.
This governance shift changes everything about how we advocate. When special education remains under DOE, we can speak directly to our elected representatives who are accountable to us. If it moves to HHS, much of our advocacy power shifts to court cases and Supreme Court decisions—a much slower and less accessible process for most families.
I’m especially concerned about who’s leading HHS—someone who has questioned whether autism is even real. As the mother of a beautiful, brilliant child with autism, I want to say this loud and clear: My child is very real. His needs are very real. And he doesn’t need to be “treated”—he needs to be educated.
The message here seems clear: Our kids are being viewed as medical problems to solve, not students with rights to learn. But you and I know the truth. Our children aren’t sick. They aren’t broken. They don’t need fixing.
Our children are students who learn differently. They deserve educational systems designed to meet them where they are, not gatekeeping by insurance companies who see them as expense items on a spreadsheet.
While we fight these larger battles, we must also be prepared to advocate for our children at the school level. That’s why I’ve created the Special Education Journey Tool Kit. This resource helps you clearly understand and document your child’s needs, so you know exactly what you’re fighting for in those IEP meetings.
When you can clearly articulate what your child needs—with documentation to back it up—you become a more effective advocate, regardless of what system changes may come.
Remember what I always tell families at SOAR: Your instincts about your child matter. You’re not overreacting if you’re concerned. This is the time to turn that concern into action.
What’s your biggest concern about these potential changes? Share in the comments, and let’s support each other through this fight.
