A special education bill that would create a dedicated oversight office has passed the state Senate and is now under review in the House, according to the New Mexico Public Education Department.
Senate Bill 38 cleared the Senate on February 27 with a 31-7 vote. The legislation would establish an Office of Special Education within the Public Education Department, led by a deputy secretary, who would monitor policies and enforce compliance with special education laws through site visits.
The bill would require the state to develop a statewide online system for individualized education programs, ensuring consistency across all public schools. Currently, there’s no uniform system for creating these legally required documents that outline services for students with disabilities.
Under the proposed legislation, school board members, charter school governing bodies, administrators, and staff would complete mandatory annual training on state and federal special education laws, disability-specific interventions, de-escalation techniques, positive behavior supports, structured literacy, and IEP implementation.
The bill expands special education to include gifted students, requiring schools to provide them with appropriate support alongside students with disabilities.
For early childhood services, school districts would be required to identify and serve 3- and 4-year-olds with disabilities in various settings, including homes, daycare centers, Head Start programs, schools, and community-based locations. The bill also transfers oversight and federal grant funding for early childhood special education from the Public Education Department to the Early Childhood Education and Care Department.
The legislation was introduced in the Senate on February 3 and referred to the Senate Education and Finance Committees. The Education Committee reported the bill with a “Do Pass” recommendation and amendments on February 13. The Finance Committee followed with a favorable report and additional amendments on February 20.
The bill was sent to the House on February 28 and referred to the House Education and Judiciary Committees for consideration.
Key Inputs About the Special Education Overhaul
- Establishing the Office of Special Education (OSE) within the Public Education Department (PED), under the direction of a Deputy Secretary, will help monitor policies, ensure appropriate remedial action when needed, and oversee and enforce compliance with special education laws through site visits.
- Establishing a Statewide Individualized Education Program (IEP) System: The OSE is assigned to design and maintain an online system for developing IEPs, thereby ensuring consistency and accessibility across all public schools in New Mexico.
- Improved Training and Professional Development: For local school boards, charter school governing bodies, administrators, and staff on subjects including state and federal special education laws, disability-specific interventions, de-escalation techniques, positive behavior supports, structured literacy, effective IEP implementation, and student and parent engagement, mandated targeted annual training.
- The Act broadens the scope of special education to include services for gifted students, thereby ensuring they receive the necessary support alongside students with impairments.
- Services for Preschool-Aged Children: School districts now have to find and offer services for three- and four-year-old children with disabilities in a variety of locations, including homes, daycare centers, Head Start programs, schools, and community-based settings.
- Transfer of Early Childhood Special Education Oversight: The Act requires the PED to transfer federal grant funds and oversight for early childhood special education from the PED to the Early Childhood Education and Care Department (ECECD), enabling a smooth transition and continuity of services for young children with disabilities.
Important Things to Know:
About Senate Bill 38
Senate Bill 38, known as the Special Education Act, aims to enhance special education services in New Mexico by establishing a dedicated Office of Special Education (OSE) within the Public Education Department (PED).
Legislative Progress
- February 28, 2025: The bill was sent to the House and referred to the House Education Committee (HEC) and House Judiciary Committee (HJC) for further consideration.
- February 27, 2025: The Senate passed SB 38 with a vote of 31-7.
- February 20, 2025: The SFC also reported the bill favorably with additional amendments.
- February 13, 2025: The SEC reported the bill with a “Do Pass” recommendation, including amendments.
- February 3, 2025: SB 38 was introduced in the Senate and referred to the Senate Education Committee (SEC) and Senate Finance Committee (SFC).