As 2026 legislative sessions unfold, special education is emerging as a state priority with governors and legislators. As the federal government continues to emphasize returning power to the states, governors and legislators are looking for new ways to support and deliver high-quality, evidence-based special education programs.

Governors Focus on Improving Special Education Infrastructure

In this year’s State of the State addresses, four governors have explicitly mentioned special education initiatives primarily focusing on funding and infrastructure:

  • Idaho Gov. Brad Little (R) emphasized increased funding, positioning the need for investment within a broader school choice movement in the state to specifically support students with disabilities. In early 2025, Idaho became the 14th state to pass a universal school choice program establishing a refundable education tax credit of up to $7,500 for special needs students.
  • Kansas Gov. Laura Kelly (D) highlighted the state’s $120 million investment in programs for students with special needs, and framed increased investment in special education as essential amid rising costs and flat federal funding.
  • New Mexico Gov. Michelle Lujan Grisham (D) may have shown the most clear support for special education so far. She highlighted the state’s efforts to build out infrastructure through the newly created Office of Special Education. The office, which was initially launched in 2023, was designed to centralize oversight and equip schools with evidence-based materials.
  • Pennsylvania Gov. Shapiro (D) briefly highlighted special education in his remarks, referencing increased funding in special education initiatives as a part of a broader bipartisan effort to invest in education in the state.

Legislative Movement Favors High-Quality Literacy Instruction

As of February 8, nearly 100 special education-related bills are moving across state legislatures. Proposed legislation is focused on strengthening the quality and coherence of existing special education systems. A few highlights:

  • Florida’s S.B. 1340 requires school districts to provide evidence-based interventions for students identified as having dyslexia or dyscalculia and expands statewide screening to trigger further assessment based on performance benchmarks, with the State Board of Education setting related rules.
  • Kentucky’s H.B. 389 mandates department-approved universal screeners and evidence-based interventions, with districts reporting related data. Postsecondary teacher programs must include MTSS training by 2027-28.
  • Mississippi’s S.B. 2487 establishes a literacy support system for grades 4-8, requiring the state Department of Education to train educators in evidence-based reading instruction.
  • New Mexico’s S.B. 64 creates an Office of Special Education to ensure free, appropriate education for students with disabilities, excluding gifted students. It mandates a statewide online IEP system and enhances support for dyslexia through evidence-based interventions.
  • Washington’s H.B. 1295 requires public elementary schools to use evidence-based reading and writing instruction, focusing on literacy components like phonics and fluency, especially for at-risk students including those with dyslexia.

Budgets Reinforce Special Education Investment

  • Delaware Gov. Matt Meyer’s (D) FY 2027 Budget includes a line item for programs dedicated to students with disabilities. The investment is a slight increase from FY 2027 accounting for inflation and a slight increase in the expected number of students requiring special education services.
  • New Mexico Gov. Michelle Lujan Grisham’s FY 2027 Executive Budget has proposed language for the General Appropriations Act which includes a guaranteed distribution of over $891 million for special education and related services for children with disabilities.
  • New York Gov. Kathy Hochul’s (D) FY 2027 Executive Budget fully funds the State share of costs for both preschool and summer school special education programs in the state. This includes providing $1.27 billion to reimburse counties for the cost of preschool special education services with a $173 million (15.8%) year-over-year increase. 

Looking Forward

As legislative sessions advance, the most consequential special education developments may look like shifts toward state funding stability, additional oversight, and instructional coherence. Governors and lawmakers appear focused on reinforcing infrastructure (e.g., data systems, literacy alignment, and reimbursement structures) and positioning special education as a core lever within broader academic improvement efforts. The challenge will be ensuring that these structural investments translate into meaningful classroom-level support for students with disabilities, rather than added complexity for already stretched systems.

This article is sourced from Whiteboard Notes, our weekly newsletter of the latest education policy and industry news read by thousands of education leaders, investors, grantmakers, and entrepreneurs. Subscribe here.