
Special Education Act Heads to House for Consideration | Photo by CDC on Unsplash
The Special Education Act has cleared the Senate and is now under review in the House according to the New Mexico Public Education Department (NMPED).
This legislative development seeks to improve the accessibility and quality of special education offerings all over the state. The proposed legislation aims to solve current issues with the special education system so that kids with different learning requirements have the proper tools and support.
Key provisions are as follows:
- Establishing the Office of Special Education (OSE) under the Public Education Department (PED), under the direction of a Deputy Secretary, will help to monitor policies, guarantee appropriate remedial action when needed, and oversee and enforce compliance with special education laws by means of site visits.
- Establishing a Statewide Individualized Education Program (IEP) System: The OSE is assigned to design and maintain an online system for developing IEPs, therefore guaranteeing consistency and accessibility among 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 brilliant students, therefore guaranteeing that they get the necessary help in tandem with students with impairments.
- Services for Preschool-Aged Children: School districts now have to find and offer three- and four-year-old disabled children services in a variety of locations including homes, daycare centers, Head Start programs, schools, or community-based contexts.
- Transfer of Early Childhood Special Education Oversight: The Act requires the PED to transfer federal grant money and oversight for special education in early childhood from the PED to the Early Childhood Education and Care Department (ECECD), so enabling a smooth transition and continuity of services for young children with disabilities.
The development of this act shows New Mexico’s dedication to raise general educational standards for all children, especially those needing specific teaching approaches. Teachers, parents, and advocacy organizations among other stakeholders are keenly watching the bill’s progress in expectation of good reforms that will support a more inclusive and efficient learning environment.
The action addresses inequalities and advances fairness in educational chances, therefore complementing more general attempts to reform and improve the state’s educational system. Further debates and assessments as the measure passes to the House will decide its ultimate execution and effect on the educational system of New Mexico.
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).