If my son goes to a school geared towards special needs children is that considered higher education.
No, but it could be considered as a medical expense and the penalty could be excluded for that reason.
"Costs for a school that furnishes special education if a principal reason for using the school is its resources for relieving a mental or physical disability. This includes the cost of teaching Braille and lip reading and the cost of remedial language training to correct a condition caused by a birth defect."
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