FASD Legislation 2025 - 2026

September 22, 2025

It has been nearly twenty years since authorization for FASD programs lapsed, leaving funding for support services, research, and prevention at risk.

September 22, 2025 the United States Congress passed the Support for Patients and Communities Reauthorization Act of 2025 (H.R. 2483), which includes authorization of the FASD Respect Act.

this marks the most significant federal recognition of fetal alcohol spectrum disorders (FASD) in decades
will update the federal response to prenatal alcohol exposure.
secures funding authority for FASD through FY2030
For updates.

History of the FASD Respect Act

WASHINGTON, D.C., January 31, 2025 – U.S. Senators Lisa Murkowski (R-AK), Amy Klobuchar (D-MN), along with five other original co-sponsors, have re-introduced legislation that will advance comprehensive Fetal Alcohol Spectrum Disorders (FASD) support services, public health prevention, and research programs across agencies within the U.S. Department of Health and Human Services.

Co-sponsors include Maine's complete legislative delegation. Thank you!

Why we need this federal legislation:

Fetal Alcohol Spectrum Disorder (FASD) is caused by prenatal alcohol exposure(PAE) and is the number one cause of intellectual disabilities and birth defects in the U.S.
FASD affects as many as 1 in 20 school age children
Providers need training in FASD prevention, diagnosis, and support
FASD is often misdiagnosed or the missed diagnosis
Number of people who drink in pregnancy is increasing:
- 1 in 7 in the U.S
- 1 in 6 in New England
- 1/10 in Maine
- 1/6 in Cumberland County
- Number of reported substance exposed infants in Maine 600-1000 every year since 2014
- Maine's birth rate on average: 12,000 live births each year
- Maine Data supports FASD legislation (additional SEOW Maine Data)

The FASD Respect Act will:

Provide a standard case definition for FASD
Promote and fund education, awareness and services across community agencies and systems of care serving individuals across the lifespan - infants through adults
Provide funding to State and Tribal Systems for FASD Services throughout the lifespan
Create Centers for Excellence to guide states and other systems of care in expanding diagnostic capacity, public awareness and outreach about FASD, and provide training and technical assistance on prevention, as well as supports and interventions for people diagnosed with FASD.

FASD Legislative Action in Other States

January 2023 California statute makes FASD a qualifying condition for special education services.

Passage of landmark law in California, SB 1016, for the first time specifies Fetal Alcohol Spectrum Disorders (FASD) as a named condition that qualifies a person to receive special education services under the IDEA category “Other Health Impairment.”

FASD is not named as a disorder under the federal IDEA. Less prevalent disorders are named - e.g., autism, diabetes, epilepsy, etc.
A student with an FASD often must educate their school systems re: FASD and make their case to the school in order to be considered for special services and may not quality.

The state of Maine can help their students with the most prevalent (and preventable) developmental disability in the US. Currently, these students are being underserved in school districts across Maine, unable to make the most of their neurodiversity and many skills and talents. Due to the lack of services and support in childhood, these students and their families often suffer lifelong consequences.

There is precedent for this kind of legislation, including FASD as a named condition under IDEA state statute.
Other states, including Alaska, consider FASD as a qualifying condition for special education. Colorado and Minnesota include FASD in their education manuals to be considered for special services.
Advocates strongly believe that by recognizing and appropriately addressing FASD in education the trend towards secondary disabilities can be disrupted.