Field Notes · August 2026 — Medical vs. Educational Model of Disability: Why the Distinction Is Not Academic
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Policy · Federal Oversight · Shana Mikels-Barber, MEd · August 4, 2026 · ~16 min read
Where This Fits

This is one of a three-part series on the 2026 move of special education oversight out of the U.S. Department of Education. The short version: what is being called a routine transfer is the return of an older idea — that disability is a medical problem to be managed rather than an educational need to be met — and the history of that idea is not reassuring.

You are reading Part 1 of 3: what the medical and educational models are, and why the difference decides what happens to a child.

New here? The series is designed to be read in order, starting with Part 1.

A Move That Named the Argument

On June 16, 2026, the U.S. Department of Education announced interagency agreements with the Department of Health and Human Services (HHS). The agreements shifted day-to-day management and administration of the Office of Special Education and Rehabilitative Services (OSERS) to a health agency. OSERS is the umbrella office that houses the Office of Special Education Programs (OSEP), which administers the Individuals with Disabilities Education Act (IDEA) for more than 8 million students with disabilities. The administration described the arrangement as a partnership. Disability advocates described it as something else entirely.

What made the advocacy response notable was not its urgency, though the urgency was real, but its precision of language. Organizations did not say the move was inconvenient, or administratively complicated, or politically motivated. They said it was a medical model move. The Arc of the United States warned that moving IDEA oversight into HHS pushes students with disabilities toward a medical model, where disability is treated as a diagnosis to manage rather than a natural part of human life. The American Association of People with Disabilities was more direct. Its president and CEO, Maria Town, said the move re-segregates disabled students and adopts a medical model of disability — one that treats disability as a problem to be cured in separate, specialized settings, rather than the civil rights and inclusive education approach IDEA was built on. The American Occupational Therapy Association was direct: IDEA was created to make sure students with disabilities get a free, appropriate public education — not medical care.

The administration's own rationale completed the picture. Secretary of Health and Human Services Robert F. Kennedy Jr. had reportedly made the case for the move on the grounds that special education is, at its core, “medical.”

That claim is not new. In fact, it is one of the oldest arguments in the history of disability policy, and it has been wrong for fifty years.

The purpose of this post is not to relitigate the June 16 announcement. That analysis belongs to the next post in this series. The purpose here is to establish the conceptual framework the argument requires: what the medical model actually is, where it came from, why IDEA was built on an explicitly different foundation, and how that difference is embedded not only in federal statute but in the training and certification requirements for the professionals IDEA asks to do the work. The distinction between the medical and educational models of disability is not philosophical abstraction. It is a question about who controls the frame — and what happens to children when the answer changes.

The Medical Model: Diagnosis as the Unit of Analysis

The medical model of disability does exactly what its name suggests: it imports the logic of medicine into the understanding of human difference. Under this framework, disability is a pathological condition residing within the individual. It is something to be identified and then remediated in the person. In this view, the appropriate response to disability is diagnosis followed by treatment.

Applied to education, this framework produced the system that defined special education for most of the twentieth century: labels taken from medical manuals, services delivered outside the regular classroom, and decision-making power given to those trained to diagnose. A child with difficulty learning to read was not a student in need of better instruction. She was a child with a condition. The condition was named. The child was placed. The placement was separate.

This is not a caricature of an outdated system. It describes a set of assumptions that remain structurally active in many corners of special education practice, and that have found new life in the 2025–2026 federal policy environment. When a federal secretary describes special education as “medical,” he is not making a minor rhetorical error. He is invoking a specific framework with a specific history and a specific set of consequences.

That history is worth understanding precisely.

The phrase “medical model of disability” entered formal academic discourse through the disability rights movement of the 1970s, when activists in the United Kingdom began organizing around a fundamentally different account of what disability is and where it comes from. Their most influential document, the 1975 Fundamental Principles of Disability pamphlet published by the Union of the Physically Impaired Against Segregation, drew a distinction that would reorient the field: disability is not the impairment itself. Disability is something imposed on top of impairment by the way society unnecessarily isolates and excludes people from full participation. In 1983, sociologist and activist Mike Oliver gave this framework its name, the social model of disability, and the concept spread rapidly through policy, education, and advocacy.

The social model matters to this discussion for two reasons. First, it provides the clearest articulation of what the medical model is, by way of contrast. Under the medical model, the problem is in the person. Under the social model, the problem is in the environment. The impairment is real; the disability is constructed by a society that fails to accommodate human difference. Second, understanding the social model clarifies what IDEA is not, which is as important as understanding what IDEA is.

IDEA does not adopt the social model. It does not treat disability as purely a social construction, or suggest that special education services are unnecessary if the environment is sufficiently accommodating. It acknowledges impairment. It requires evaluation, eligibility determination, and individually designed instruction. What it does not do — what it was explicitly constructed not to do — is treat the medical diagnosis as the unit of analysis: the thing every other decision gets built on top of. IDEA built something different from both the medical and social models. Understanding what that is requires reading the statute.

The structural clash at a glance:

What IDEA Actually Built: The Educational Standard

The Individuals with Disabilities Education Act does not define disability the way a diagnostic manual does. It does not list conditions and their clinical criteria. It defines disability in relation to a child's functioning in an educational context, and it does so with language that appears in nearly every eligibility category the law contains. The phrase is “adversely affects educational performance.”

Deafness means a hearing impairment so severe that a child is impaired in processing linguistic information, with or without amplification, to an extent that adversely affects educational performance. Emotional disturbance — the federal term; Texas uses emotional disability — means a condition exhibiting one or more specified characteristics over a long period of time and to a marked degree that adversely affects educational performance. Orthopedic impairment means a severe impairment that adversely affects educational performance. The pattern holds across the statute. The operative question is not what the child has, but what the child needs in order to access an appropriate education.

This distinction has practical consequences that diagnosticians navigate every day. A medical diagnosis can be important. It can inform the evaluation, contextualize the data, and explain the profile. But it is not required for most special education eligibility, and it does not by itself make a child eligible. Special education eligibility is determined by a school-based team, not by a doctor or other medical provider. The team looks at evaluation results, classroom observations, the child's performance in school, and information provided by the parents. A child must meet two requirements: the first being that the disability must fall within one of IDEA's eligibility categories, and the second being that it must adversely affect educational performance to the extent that specially designed instruction is needed.

The second requirement is where the educational model lives. A child can have a documented medical diagnosis of autism and not qualify for special education if the condition is not adversely affecting educational performance. A child can qualify for special education without any medical diagnosis. The frame is educational need, not medical status.

The law does not stop at declining to require a diagnosis. It affirmatively prohibits schools from using medical treatment as leverage over access. IDEA bars state and local education agency personnel from requiring a child to obtain a prescription for medication as a condition of attending school, receiving an evaluation, or receiving services under the Act (20 U.S.C. § 1412(a)(25)). Added in the 2004 reauthorization, the provision exists because the pressure it prohibits was real: schools recommending or effectively requiring medication as the price of a child's instruction or evaluation.

The line it draws is precise, and it is the same line the rest of this framework depends on. School personnel may observe. They may document attention, task completion, behavior, and performance, and use those observations to identify the need for evaluation. What they may not do is convert observation into a medical recommendation. The evaluation describes function; it does not prescribe treatment.

Texas encodes this distinction explicitly in state rules. The autism eligibility provision at 19 TAC § 89.1040(c)(1), which points to the federal definition at 34 C.F.R. § 300.8(c)(1), draws two lines that keep the educational determination separate from the clinical one. A school team cannot make a medical or psychological diagnosis a precondition for finding a student eligible, and it cannot treat the absence of any particular trait commonly linked to autism as grounds for ruling eligibility out. Both lines reflect what IDEA already requires rather than any local gloss on federal law.

This framework — eligibility grounded in educational impact, determined by an educational team, oriented toward instruction and not toward treatment — can reasonably be called the educational model of disability. It is not a named theory in the disability studies literature, unlike the medical and social models. It does not have a founding document or a founding conference. The name is used here deliberately: this series' term for a third position that the two established models leave unnamed. What it has is a federal statute, fifty years of case law, and a set of credentialing structures designed to put the right professionals in the room to implement it.

The United States was not alone in building this framework. In the same decade that IDEA was enacted, countries around the world were confronting the same question, and arriving at the same structural answer, each in their own legislative language.

The International Landscape: Evidence From Abroad

The tension between medical and educational models of disability is not an American problem. It is a global one, and the international record offers both proof of concept and cautionary examples in roughly equal measure.

The Roots Before the Pivot: Denmark and Sweden (1959–1969)

Before any legislature moved a school placement framework away from medical classification, Denmark moved the broader question of disabled life away from it, and the timeline matters. Niels Erik Bank-Mikkelsen, head of the Danish Service for the Mentally Retarded, drafted the Mental Retardation Act of 1959, which became the legislative origin of the normalization principle: the idea that people with intellectual disabilities had a right to the same daily routines, living conditions, and opportunities, including education, as their non-disabled peers. Bank-Mikkelsen framed this explicitly as a rights claim, not a service-delivery improvement. Bengt Nirje, secretary general of the Swedish Association for Retarded Children, took up the principle through the 1960s and gave it its first full description: a normal rhythm to one's day, a normal routine to one's life. Attending school in one place, working in another, pursuing leisure in a third. The ordinary structure of life that non-disabled people take for granted. Strip away the policy language and the claim was simple: a child with an intellectual disability deserved a school day that looked like her peers' — a school bus, a classroom, a lunch table, a walk home.

IDEA would later make a narrower argument. Normalization reached across the whole of a disabled life — housing, work, leisure, and education together — where IDEA would build a school-eligibility standard around what a child needs to learn. Normalization established, more than fifteen years before the Education for All Handicapped Children Act (EAHCA) and nearly two decades before Warnock, that disability could be framed as a civil and human rights question rather than a diagnosis to be managed. Every later shift toward the educational model, in any country, was precipitated by that idea, even when the laws looked nothing alike.

The principle also arrived well ahead of practice, which is informative in itself. Even after Denmark's 1959 Act, the practices it was meant to end persisted. Medical examinations, forced sterilization, and lobotomy continued in Danish institutions into the 1980s.

That gap — between a right stated in law and a right delivered in practice — is not unique to Denmark. It is the lesson Scandinavia offers, and the sections that follow return to it. Naming a better frame in law is only the first step. The frame still has to be built, funded, and defended.

The United Kingdom: Warnock and the Legislative Pivot (1978)

The closest international parallel to IDEA's educational standard is the 1978 Warnock Report in the United Kingdom. Before that report, the UK operated under what scholars have described as a medical model attitude toward children with special educational needs. Assessments were carried out on the child based on what they could not do, focusing on the person and leaving the system unexamined. Children were categorized by their impairments and clinical labels, not by what they needed to learn.

The Warnock Report, commissioned in 1973 by then–Education Secretary Margaret Thatcher and chaired by philosopher Mary Warnock, proposed a fundamental reorientation. It recommended that children should no longer be categorized by their impairments but by Special Educational Needs. This phrase deliberately shifted the frame from condition to function, from diagnosis to educational requirement. The report's influence extended well beyond the UK, shaping special education policy internationally for decades.

The legislative response, the Education Act of 1981, transformed Warnock's recommendations into law. The shift was not merely semantic. It was structural: the question asked at the point of assessment shifted from “What does this child have?” to “What does this child need?” That is the same question being asked across the Atlantic, enacted just three years earlier, in 1975, with the EAHCA.

The UK's subsequent history illustrates something important: the educational model requires active, sustained structural commitment to hold. Despite the Warnock framework, the decades following 1981 saw persistent tension between educational and medical framing, ongoing policy contradictions, and what one analysis described as struggles between single-interest lobby groups, practitioners, economists, and administrators. The frame, once established, does not maintain itself. It has to be defended — in legislation, in credentialing, in the evaluations practitioners write.

Even the diagnostic instruments underscore the point. Clinical diagnosis of specific learning disorder is based on the DSM (the American Psychiatric Association's Diagnostic and Statistical Manual) in the United States and Australia, and on the ICD (the World Health Organization's International Classification of Diseases) across most of the rest of the world. Both are medical taxonomies. The question that matters for education is therefore never which manual a country uses, but how much authority that clinical determination carries at the classroom door. In some systems it is the practical gateway to school support. In others, including the UK's post-Warnock framework, educational decisions run through multidisciplinary educational assessment and require no clinical diagnosis at all (Anthony et al., 2024).

Italy: The Most Radical Commitment to the Educational Model

If the United Kingdom represents a parallel pivot, Italy represents something more radical and more instructive.

In 1975, the Falcucci Commission, convened by the Italian government to study educational integration, reported a finding that was difficult to dispute: the progress and development of disabled children were significantly higher when they attended regular school classes. The policy response was not incremental. Law 517, enacted on August 4, 1977 — the year before Warnock, two years after EAHCA, and forty-nine years before this post appears — largely dismantled special schools, units, and other non-inclusive educational provisions. The concept guiding the reform was integrazione scolastica: total inclusion without exception, regardless of the type or severity of disability.

The results, measured across decades, are difficult to dismiss. Today in Italy, less than one percent of disabled pupils are educated in segregated settings. The segregated schools that remained open after 1977 were limited to those serving students with auditory or visual impairment: two institutions at the pre-school level, two at primary, eight at secondary, in a national school system of tens of thousands. Assessment in the Italian system is oriented toward what the child needs to participate and develop, not toward categorical placement in a separate facility.

Italy is the international proof of concept for the educational model at its most complete. It is also a warning about what the model demands.

Italian researchers have documented a phenomenon they call micro-exclusion: students formally enrolled in general classrooms who spend much of the day pulled out to work separately with a support teacher, the insegnante di sostegno.

The enrollment record says the student is in the general classroom; the school day says otherwise. The cause is not the policy — it is what the policy was never given. The classroom teacher was never trained, never adequately supported, and never given a class size small enough to actually teach the student. The child is in the school but not in the lesson. When the general education system delegates the disabled student to a specialist rather than absorbing responsibility for them, the segregated setting has not been eliminated; it has been miniaturized and relocated inside the building. The Italian experience shows both what the educational model can achieve and what it produces when the mandate outruns the funding. Readers who serve students in low-incidence, high-needs settings will recognize the pattern without needing it translated. The second post in this series takes up why the American version of that gap exists — and what closing it would require.

Finland: Tiered Support Without Medical Gatekeeping

Finland's approach will be familiar to diagnosticians who work within multi-tiered systems of support. The Finnish education system provides three tiers of support (general, intensified, and special) that function without medical diagnosis as the entry point to services (Björn et al., 2016). Every child receives a plan calibrated to their tier of support, regardless of ability level. Teachers and parents meet regularly to discuss each child's strengths, interests, and needs, and that conversation determines the level of response.

What makes the model structurally significant is the sequencing. Support comes first, and often means a formal label is never needed at all. A child who is struggling in a Finnish school does not first need a diagnosis. She needs a teacher who is already looking at what she needs.

The model has its own limitations. Finland's most qualified special education teachers are frequently deployed in special-class settings. At the same time, in neighboring Norway, similar students receive part-time support within mainstream classrooms — evidence that even progressive systems drift toward separation over time. But the core structure, tiered support organized around educational needs rather than medical classifications, reflects the same commitment on which IDEA was built.

Latvia: The Medical Model Still in Charge

Latvia offers the clearest international example of what it looks like when the medical model never gets displaced.

During the Soviet era in Latvia, children could not attend mainstream schools without the recommendation of a special medical-pedagogical commission. That structure has persisted into the present. Before a child starts school in Latvia, he must appear before a Pedagogical-Medical Commission — a state body that conducts assessments, reviews medical records, and issues a recommendation on which educational program the child will attend (Rektina, 2023).

The commission has historically been composed of physicians, defectologists, speech therapists, and teachers, and the deciding factor was typically the medical diagnosis — which determined whether a child was referred to a special school. The commission still holds that authority today.

It decides the child's educational path before the school does, and the school cannot override it. Picture what that means at the level of a single desk: before a six-year-old has met his first teacher, a panel he will barely remember has already decided which classroom door will open for him.

Latvia's own researchers have named the arrangement for what it is. A 2023 conference paper, “Breaking Free From the Medical Model Approach in Special Education,” argued that the commission framework operates from an outdated ideology and called for a child development support model that separates educational need from medical gatekeeping (Rektina, 2023). Latvia's Cross-Sectoral Coordination Centre and a University of Latvia research group have documented parallel deficiencies, and the Ministry of Education convened a working group to modernize the commissions. Latvian scholars are making the argument that the rest of this post is making — from inside a system where the medical model is still the law.

What the International Record Shows

The international record at a glance:

Taken together, these cases make an argument that is difficult to dismiss as ideological. Denmark and Sweden show the reframing arriving first, more than a decade before any legislature acted on it for schools specifically, and show, just as clearly, that naming a right in law does not deliver it without the funding and staffing to back it. The UK and the U.S. both pivoted away from the medical model in the 1970s through major legislative action, and both have had to defend that pivot continuously against structural pressures that pull back toward medical framing. Italy went further and has the outcomes to show for it. Finland built a tiered support system that largely routes around medical gatekeeping. Latvia shows what the unreformed system looks like — and Latvia's own scholars are calling for change.

Read against this record, the 2026 transfer of OSERS, the Office of Special Education and Rehabilitative Services, the federal office charged with ensuring students with disabilities receive a fair education — does not represent a novel policy direction. It is a return to the framework the rest of the world has spent fifty years leaving behind. Texas diagnosticians are not watching this from the sidelines of a domestic policy dispute. They are operating within a global debate over the right framing of disability in education. Before turning to what that means for the credential they hold, the argument owes itself one more test — not from a country that got the frame wrong, but from one that asks whether the frame needs a gate at all.

A Challenge to the Frame: Canada and the Question of the Gate

American reform has spent two decades trying to close the gap between when a child begins to struggle and when the system responds. Response to Intervention (RTI), Multi-Tiered Systems of Support (MTSS), universal screening — frameworks built to layer help onto a struggling learner quickly — each was an answer to the "wait to fail" problem, and each shortened the wait. But none of them questioned the premise underneath: that somewhere between a child and specially designed instruction, an eligibility determination must stand.

A frame worth defending should be able to withstand a challenge to its own premise, and Canada supplies the sharpest example of one. Its position complicates any clean binary between medical and educational models — because it starts by directly questioning that premise. Facing a severe shortage of school psychologists, particularly in rural and remote regions, the Canadian Paediatric Society has articulated an explicit philosophical alternative. The Canadian position, reduced to a question: why should a struggling child wait for a battery of tests before anyone helps her? Their alternative is to bypass the gatekeeper: provide support the moment a learning delay is observed, rather than waiting for specific test results to confirm a problem. Their 2024 position statement frames this as better aligning with a needs- and equity-based approach to education and resource provision (Canadian Paediatric Society, 2024). If a child is struggling, the response should not wait on a gatekeeping determination, medical or educational, that takes months to complete and requires a specialist the community may not have. What the Canadian position reveals is that both the medical model and the educational model, as practiced in the United States, share an assumption that Canada is questioning: that identification must precede support. The Canadian framework asks whether the identification requirement itself, regardless of which discipline controls it, is serving children or serving systems.

It is worth being honest about what the Canadian position does and does not solve. "Support as soon as delay is observed" answers the timing problem; it does not answer the precision problem. An evaluation is not only a gate. It is also what makes support specific: the difference between an intervention matched to a child's actual profile and another cycle of generic small-group instruction. Any diagnostician who has watched a student languish in Tier 2 knows that support without specificity can be its own kind of waiting. But the question Canada raises stands regardless of how one answers it: when a child is struggling, what exactly are we asking them to wait for — and who is served by the waiting? That question does not belong explicitly to the medical model or the educational model. It belongs to both. And it sharpens the point this post has been building toward: if a gate must stand between a struggling child and specially designed instruction, then everything depends on who controls the latch.

The Credentialing Argument: Where Training Meets Philosophy

The question of who evaluates is never only an administrative question. It is a philosophical one. Whoever a system credentials to determine eligibility arrives carrying the field that trained them: its traditions, its frameworks, its professional identity. Understanding where those fields come from is essential to understanding what assumptions they carry into the evaluation room.

In July 2026, this publication examined the landscape of who evaluates for specific learning disability across the United States. In most states, that professional is a school psychologist, a practitioner whose credentialing tradition emerged from psychology's broader scientist-practitioner model, formalized in 1949.

That framework has a specific origin, and the origin explains a great deal. In August 1949, the American Psychological Association convened a conference in Boulder, Colorado, to meet the post-war demand for mental health professionals to serve returning veterans. The Boulder Conference established the scientist-practitioner model, built to produce professionals who could assess pathology, apply clinical judgment, and design treatment. Its foundational vocabulary was medical, and it had nothing to do with schools.

School psychology, brought under that model and given its own definition at the 1954 Thayer Conference, adapted meaningfully — it incorporated knowledge of learning, development, and school systems that clinical psychology did not emphasize, and the profession has continued to evolve toward a broader ecological and instructional orientation. No one disputes that.

What is worth naming is this: in most states, school psychology's credentialing infrastructure does not require classroom teaching experience as a prerequisite for practice. The National Association of School Psychologists' training standards require a supervised internship of at least 1,200 hours, of which at least 600 must occur in a school setting, along with graduate coursework in psychological foundations, research, and professional practice. Teaching experience is not a requirement. The training pipeline runs from psychology graduate programs to school settings, not from classrooms outward.

This statement pertains to credentialing systems, not to the individuals who navigate through them. Many school psychologists are exceptional practitioners who operate fluently within the educational model. But credential architecture encodes a theory of the work, and that theory shapes what a profession understands the evaluation to be for.

In Texas, the educational diagnostician credential makes those commitments explicit in a way that is unusual among the states. Title 19, Chapter 239, Subchapter C of the Texas Administrative Code, which governs the Educational Diagnostician Certificate, specifies the certification requirements at §239.84. A candidate must complete an approved preparation program, pass the state examination, hold at minimum a master's degree, hold a valid classroom teaching certificate, and have at least 3 creditable years of classroom teaching experience.

The classroom is not optional. It is a statutory prerequisite. Before a Texas educational diagnostician may evaluate a single child for special education eligibility, she must have spent three years as a teacher of record, responsible for curriculum, instruction, assessment, and the daily reality of what it means when a student cannot access grade-level content.

The purpose section of the same subchapter, §239.80, frames the credential accordingly. It describes currency in best practices and research as essential to both assessment and student learning. It frames the role as serving to improve the performance of this state's diverse student population. Assessment in service of learning. The evaluation does not end anything; it equips instruction. The educational model, written into rule.

The assumptions embedded in a credentialing system are never neutral. In states where school psychologists are the primary evaluators, the training lineage runs through clinical psychology. In Texas, it runs through the classroom. Neither lineage guarantees a better evaluation. But they begin from different questions.

IDEA intended one of them. Texas built a credential around it.

Why It Matters Right Now: The OSERS Transfer and the Return of an Old Argument

Return now to June 16, 2026, but with the framework the previous sections have built.

What the Trump administration did on that date was not merely an administrative reorganization. Through four interagency agreements, the Department of Education announced the transfer of OSERS — the umbrella office whose OSEP administers IDEA for more than 8 million students — to the Department of Health and Human Services, while simultaneously shifting civil rights enforcement to the Department of Justice. Statutory responsibility for IDEA technically remains with the Department of Education. Implementation does not.

The American Occupational Therapy Association argued that keeping OSEP within the Department of Education ensures that special education policy and implementation remain grounded in education systems, instructional practice, and student outcomes. The concern its position points to is structural: HHS is organized around health, not education, and the questions it is built to ask are health questions. Moving IDEA implementation into that agency does not change the law. Still, it changes who is reading the law, what frameworks they bring to its interpretation, and what questions they ask when they encounter ambiguity.

The administration's stated rationale makes the philosophical stakes plain. The reported basis for the move, that special education is “medical,” is not a neutral description of the field. It is a claim about the nature of disability and the appropriate response to it. If special education is medical, then the appropriate oversight structure is a health agency. If disability is primarily a diagnosis to manage, then the appropriate professionals are those trained in clinical science. If the goal of intervention is treatment, then the educational setting is incidental, a delivery location rather than a foundational framework.

IDEA was built on every one of those propositions reversed. It placed OSEP in the Department of Education because education is the frame. It defined disability through its impact on learning because instruction is the response. It built eligibility criteria around educational need because the team making the determination is an educational team: teachers, parents, administrators, and specialists whose professional identity is grounded in schools.

The fifty-year-old argument that special education is “medical” did not disappear when IDEA was enacted in 1975. It has recurred at every policy inflection point since. What is different in 2026 is that the argument now has institutional authority behind it, and that the mechanism for acting on it does not require changing a single word of the statute.

What This Means for Texas Diagnosticians

The OSERS transfer is a federal story, and its consequences will unfold at the federal level. But it has meaning for Texas diagnosticians that is immediate and practical.

The Texas educational diagnostician credential is not a historical artifact. It encodes the educational model in who is allowed to evaluate, requiring, by rule, that the evaluator have first stood in a classroom. The rule speaks to design, not to any individual evaluator. Every Full Individual and Initial Evaluation (FIE) a Texas diagnostician conducts — the comprehensive assessment used to understand how a child learns — grounds eligibility in educational impact. When an FIE moves past what this child has to how it is affecting learning, and to what instruction needs to look like, it keeps faith with what IDEA was designed to accomplish.

When parents, teachers, or administrators ask why a school diagnosis differs from a medical diagnosis, the answer runs deeper than bureaucracy. IDEA is an education law. Eligibility turns on educational need. The team making the determination is an educational team. Texas diagnosticians are positioned to give that answer with authority, because the credential they hold was built on the same logic.

Child Find, the affirmative obligation under IDEA to locate and evaluate students who may need special education, is rooted in the same framework. The trigger for evaluation is not the presence of a medical diagnosis. There is reason to suspect that a disability exists and that it may be adversely affecting educational performance. A student who has never seen a physician for a learning concern is no less entitled to an evaluation than a student who arrives with a diagnostic report in hand. The educational model does not wait for the medical system to act first.

That principle has been under quiet pressure for years — in the form of districts that defer evaluation until a medical diagnosis is in hand, in the form of parents who are told to get a diagnosis before requesting an FIE, and in the form of evaluation reports that organize their findings around DSM criteria rather than IDEA eligibility standards. The OSERS transfer does not create that pressure. But it amplifies it, and it gives institutional weight to a framework that has always been in tension with what the law actually requires.

There is an operational consequence to the June 16 transfer that belongs in this conversation. Currently, a family navigating an illegal manifestation determination, a discriminatory restraint, or a denial of services has a single federal agency, the Department of Education, responsible for both the educational guarantees of IDEA and civil rights enforcement under Section 504 and the ADA in schools. The June 16 agreements split those functions: OSERS to HHS, the Office for Civil Rights to the Department of Justice. A family whose child is denied a lawful evaluation and then subjected to discriminatory discipline as a result now has to navigate two separate federal agencies to vindicate what is, at the school level, a single child's rights. The medical model doesn't just change the conceptual frame. When it is institutionally enacted, it undermines the accountability structure the educational model was built to provide.

The Frame Has Always Been a Contested Space

The medical model of disability is not wrong because medicine is wrong. Medicine does important work. Clinical diagnosis has real value: for treatment, for access to services outside the school, for family understanding, for research. The argument here is not that the medical model should be abolished. It is that the medical model is the wrong frame for determining whether a child requires specially designed instruction in a public school.

Mike Oliver, who coined the term “social model” in 1983 and spent decades critiquing the medicalization of disability, made a version of this point in his later work (Oliver, 2013), not to argue that medicine had no value, but to argue that importing medical logic into contexts where educational or social logic was more appropriate produced systematic harm. The harm was not malicious. It was structural. When the wrong framework controls the question, it produces the wrong answers, regardless of the intentions of the professionals applying it.

The architects of IDEA understood this. They built a law that anchored eligibility in educational need because they had watched what happened when disability was framed as a medical problem to be managed in separate settings. They had read the consent decrees in PARC (Pennsylvania Association for Retarded Citizens) v. Commonwealth of Pennsylvania and Mills v. Board of Education. They knew that the medical model, when applied to schooling, produced exclusion, not because exclusion was the goal, but because the medical model locates the problem in the child. A child whose problem cannot be fixed has no place in a school designed for children without problems.

The educational model locates something different. It locates a need. Needs can be addressed. Instruction can be designed. Environments can be modified. The student remains a student — not a patient, not a case, not a diagnosis — a learner.

Canada asked whether the gate should exist at all. This post has argued that it must — that a determination of educational need is what makes support specific. That specificity is not a bureaucratic luxury but the difference between instruction designed for a child and another year of waiting.

But a gate is only as good as the person standing at it. That is the whole argument, compressed. The medical model and the educational model do not disagree about whether children with disabilities need help. They disagree about who should be controlling the gate, and what that person was trained to see. A physician sees a condition. A teacher sees a Tuesday morning in October when a child stopped trying.

Every system in this post has answered that question, and none of them had to say a word. Latvia empowers a commission of physicians, and a six-year-old's classroom is chosen before he meets a teacher. Finland empowers the teacher who already knows the child, and the label is often never needed. Texas requires that an evaluator spend three years as a teacher of record before she is permitted to open a single file. Institutions do not reveal their philosophy in what they announce. They reveal it in who they let into the room.

On June 16, 2026, the federal government moved special education into a building where the people in the room are trained to treat medical conditions, not teach children. Statutory responsibility for IDEA did not change. Not one word of the law was repealed. The room changed.

A Note on What's Coming

This post is the first in a three-part mini-series within The Policy Landscape examining the federal policy shift now underway in special education. The pieces are designed to be read together, though each stands on its own.

Next — August 18: In Defense of a Broken Promise: What IDEA Got Wrong — and Why the Answer Isn't Starting Over. Before making the case for what's worth preserving, this series owes the reader an honest accounting of where the system has failed, and it has, in specific and documented ways. That accounting is the precondition for the argument that follows.

Coming September 1: The Department That Wasn't Supposed to Last. A history of federal education oversight from 1867 to the present: what it built, what it protected, and what the record shows about what happens to students with disabilities when it disappears.

If you work with eligibility determinations day to day, the Barber Sped Hub's Eligibility Suite and SLD Approaches Reference are built specifically for that frame.

Shana Mikels-Barber, MEd Texas Educational Diagnostician · Creator, Barber Sped Hub

References

  1. American Association of People with Disabilities. (2026, June 16). AAPD outraged by unlawful transfer of special education and civil rights offices from the Department of Education to other agencies [Press release]. https://www.aapd.com/ed-transfer-key-departments-to-hhs/
  2. American Occupational Therapy Association. (2026, June 16). Action to move IDEA to HHS is concern for special education. https://www.aota.org/advocacy/advocacy-news/2026/new-executive-action-to-move-idea-from-ed-to-hhs-is-a-concern-for-special-education
  3. Anthony, L., Sweeney, J., Kwon, S., & Hicks, M. (2024). Parent experiences of specific learning disorder diagnosis: A scoping review. Dyslexia, 30(1), e1757. https://doi.org/10.1002/dys.1757
  4. The Arc of the United States. (2025, March). Why moving IDEA to HHS could harm students with disabilities. https://thearc.org/blog/why-moving-idea-to-hhs-could-harm-students-with-disabilities/
  5. The Arc of the United States. (2026, June 16). Moving special education and civil rights out of Education Department risks a patchwork of rights for students with disabilities. https://thearc.org/blog/moving-special-education-and-civil-rights-out-of-education-department-risks-a-patchwork-of-rights-for-students-with-disabilities/
  6. Björn, P. M., Aro, M. T., Koponen, T. K., Fuchs, L. S., & Fuchs, D. H. (2016). The many faces of special education within RTI frameworks in the United States and Finland. Learning Disability Quarterly, 39(1), 58–66. https://doi.org/10.1177/0731948715594787
  7. Canadian Paediatric Society. (2024, October 1). Evaluating and caring for children with a suspected learning disorder in community practice. Paediatrics & Child Health. https://cps.ca/en/documents/position/learning-disorder
  8. Center for American Progress. (2025, November). The Trump administration's recent special education layoffs will have major long-term impacts on disabled children and students. https://www.americanprogress.org/article/the-trump-administrations-recent-special-education-layoffs-will-have-major-long-term-impacts-on-disabled-children-and-students/
  9. D'Alessio, S. (2011). Inclusive education in Italy: A critical analysis of the policy of integrazione scolastica. Sense Publishers.
  10. Daniels, H., Thompson, I., & Tawell, A. (2019). After Warnock: The effects of perverse incentives in policies in England for students with special educational needs. Frontiers in Education, 4, Article 36. https://doi.org/10.3389/feduc.2019.00036
  11. Demo, H., Nes, K., Somby, H. M., Frizzarin, A., & Dal Zovo, S. (2023). In and out of class — what is the meaning for inclusive schools? Teachers' opinions on push- and pull-out in Italy and Norway. International Journal of Inclusive Education, 27(14), 1592–1610. https://doi.org/10.1080/13603116.2021.1904017
  12. Disability Scoop. (2026, March 26). Ed Department may offload special education soon, advocates warn. https://www.disabilityscoop.com/2026/03/26/ed-department-may-offload-special-education-soon-advocates-warn/31925/
  13. The Editors of Encyclopaedia Britannica. (2014, November 5). Niels Erik Bank-Mikkelsen. In Encyclopædia Britannica. https://www.britannica.com/biography/Niels-Erik-Bank-Mikkelsen
  14. Falcucci Commission. (1975). Relazione conclusiva [Conclusive report]. Italian Ministry of Public Instruction.
  15. Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (2004).
  16. Individuals with Disabilities Education Act, 20 U.S.C. § 1412(a)(25) (2004).
  17. Italian Ministry of Public Instruction. (1977). Legge 517/1977 [Law 517/1977]. Italian Republic.
  18. Lindsay, G., Wedell, K., & Dockrell, J. E. (2019). Warnock 40 years on: The development of special educational needs since the Warnock Report and implications for the future. Frontiers in Education, 4, Article 164. https://doi.org/10.3389/feduc.2019.00164
  19. Merrick, J., Uldall, P., & Volther, J. (2014). Intellectual and developmental disabilities: Denmark, normalization, and de-institutionalization. Frontiers in Public Health, 2, 161. https://doi.org/10.3389/fpubh.2014.00161
  20. 19 Tex. Admin. Code § 89.1040 (2024) (eligibility criteria; amended eff. July 30, 2024, 49 TexReg 5507).
  21. 19 Tex. Admin. Code §§ 239.80, 239.84 (2017).
  22. Oliver, M. (1983). Social work with disabled people. Macmillan.
  23. Oliver, M. (2013). The social model of disability: Thirty years on. Disability & Society, 28(7), 1024–1026.
  24. Parent Educational Advocacy Training Center. (2021). Medical diagnosis vs. educational label in special education. https://peatc.org/wp-content/uploads/2021/07/Medical-Diagnosis-vs.-Educational-Label-in-Special-Education.pdf
  25. Petersen, C. A. (2007). A historical look at psychology and the scientist-practitioner model. American Behavioral Scientist, 50(6), 758–765.
  26. Rektina, A. (2023). Breaking free from the medical model approach in special education. Paper presented at the Early Childhood Education Conference (ECE2023). https://papers.iafor.org/wp-content/uploads/papers/ece2023/ECE2023_72290.pdf
  27. Texas Education Agency. (n.d.). Disability condition eligibility definitions. https://spedsupport.tea.texas.gov/resource-library/administrator-toolkit-sped-and-intervention-101/disability-condition-eligibility
  28. Texas Education Agency. (2017). 19 TAC Chapter 239, Subchapter C: Educational Diagnostician Certificate. https://tea.texas.gov/about-tea/laws-and-rules/sbec-rules-tac/sbec-tac-currently-in-effect/ch239c.pdf
  29. 34 C.F.R. §§ 300.8, 300.111, 300.301 (2024).
  30. Union of the Physically Impaired Against Segregation. (1975). Fundamental principles of disability. UPIAS.
  31. Warnock, M. (Chair). (1978). Special educational needs: Report of the Committee of Enquiry into the Education of Handicapped Children and Young People. Her Majesty's Stationery Office.