The National Policy on Inclusive Special Education (Pneei) and the National Network for Inclusive Special Education were established by Decree No. 12,686/2025. With this new measure, the Ministry of Education (MEC) aims to guarantee the right to education without discrimination and with equal opportunities for people with disabilities, those with autism spectrum disorder (ASD), and those with high abilities or who are gifted.

Zara Figueiredo, the MEC’s Secretary of Continuing Education, Youth and Adult Literacy, Diversity, and Inclusion, explains that the policy consolidates and improves programs already in place.

“One of the key aspects of the policy is the institutionalization of initiatives and programs that had already been developed by the Ministry of Education (MEC), such as the PDDE-SRM and teacher training, but which lacked regulations to link them to other educational public policy frameworks. In addition, the regulations introduce measures to improve the policy, such as a governance network, data collection, and support materials for school districts,” he notes.

Since 2023, the Ministry of Education (MEC) has invested more than R$ 640 million in Multifunctional Resource Rooms through the Direct Funding for Schools Program – Multifunctional Resource Room (PDDE-SRM). These funds have financed educational materials, multifunctional equipment, and assistive technologies for specialized educational services (AEE). The investments have already reached more than 21,000 public schools nationwide, representing a 50% increase in two years, as a result of cooperation between the federal government, states, and municipalities.

The decree reaffirms the country's commitment to the principles of the Federal Constitution, the Convention on the Rights of Persons with Disabilities (CRPD), the Law on Guidelines and Foundations of National Education (LDB), and the Brazilian Law on the Inclusion of Persons with Disabilities (LBI).

“All the guarantees regarding inclusive special education that have been achieved over time are maintained in this decree,” says Zara. “The decree does not alter, for example, the provision of specialized educational services in the public regular school system, which may also be provided by community-based, religious, or nonprofit philanthropic institutions that have entered into agreements with the Executive Branch and operate exclusively in the field of special education,” she explains.

According to the Ministry of Education (MEC), the new regulation does not interfere with the responsibilities or funding of charitable organizations such as APAEs and Pestalozzis, but rather seeks to strengthen existing public policies by expanding federal collaboration and the scope of inclusion initiatives.

Innovations and Vocational Training

Among the new provisions, the Pneei establishes regulations governing the role of school support professionals, as provided for in Article 28 of the LBI.

“Regulations are very important because they help ensure higher standards of educational quality in special education. In addition, school districts gain greater certainty in the selection and organization of school staff,” says Zara.

These professionals will work in coordination with the Specialized Educational Services Plan (PAEE) and must have at least 80 hours of specific training in special education—a requirement that, as of 2022, was met by fewer than 6% of basic education teachers working with this population. The Ministry of Education (MEC) has already allocated R$ 74.2 million for 237 continuing education courses on the subject.

Another innovation is the guarantee that students’ access to the program will be determined through an educational assessment, without the requirement for a medical report, thereby expanding their right to enroll in and remain in mainstream schools.

National Network for Inclusive Special Education

The National Network for Inclusive Special Education will focus on five areas:

• Intersectoral Coordination Strategy: a governance network with 2,003 coordinators to support education networks in implementing policies and training administrators and teachers.
• Reference Centers for Continuing Education and In-Service Training: one per state, focused on training professionals.
• Observatory on Inclusive Special Education: Partnership with federal universities for data collection and technical support.
• Technical Support and Materials Accessibility Centers: responsible for producing accessible resources and assistive technologies.
• National Network for Self-Advocacy Against Ableism: a movement led by people with intellectual disabilities, Down syndrome, and autism, dedicated to combating discrimination.

According to Zara Figueiredo, the Network has its own budget, which is in addition to federal funds from the PDDE-SRM and the Basic PDDE programs, as well as federal government supplements to Fundeb.

Reaction in Congress

Despite the progress highlighted by the government, the new policy is facing resistance in the National Congress. Opposition lawmakers claim to have secured a majority to block the decree signed by President Lula, arguing that the text strips families of the right to choose the type of care best suited for people with disabilities.

In the Chamber of Deputies, two proposals to overturn the decree are on the agenda. In the Senate, Senator Flavio Arns (Podemos-PR) told the newspaper O Globo that he had gathered 42 signatures to bring a bill he authored—which repeals the decree—to an urgent vote.

“The decision regarding the most appropriate care should always be made by the family and, whenever possible, by the person with a disability. This is completely ignored in the decree. It is a universally accepted principle,” the senator argues.

Critics also claim that the measure could hinder the functioning of specialized institutions by prioritizing the enrollment of all students with disabilities in regular classrooms within the mainstream education system. They also argue that the Constitution already stipulates that such inclusion should occur on a preferential basis, rather than being mandatory.

In response, the government states that PNEI retains the right to specialized educational services (AEE) and reaffirms its commitment to inclusive education, with a focus on equity, combating ableism, and valuing human diversity. Specialized educational services will continue to be integrated into the schools’ political and pedagogical framework, with technical support from the Ministry of Education (MEC).

Sources: Ministry of Education and O Globo.

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