New Mexico 2025 2025 Regular Session

New Mexico House Bill HB501 Introduced / Fiscal Note

Filed 02/26/2025

                     
 
Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance 
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they 
are used for other purposes. 
 
F I S C A L    I M P A C T    R E P O R T 
 
 
SPONSOR Dow 
LAST UPDATED 
ORIGINAL DATE 02/24/2025 
 
SHORT TITLE School Reporting of Gender Incongruence 
BILL 
NUMBER House Bill 501 
  
ANALYST Chilton 
 
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT* 
(dollars in thousands) 
Agency/Program 
FY25 FY26 FY27 
3 Year 
Total Cost 
Recurring or 
Nonrecurring 
Fund 
Affected 
 No fiscal impact No fiscal impact No fiscal impact 
No fiscal 
impact 
  
Parentheses ( ) indicate expenditure decreases. 
*Amounts reflect most recent analysis of this legislation. 
 
Relates to House Bills 185, 466, and 543 and Senate Bills 459, 258, 356, and 500.  
 
Sources of Information
 
 
LFC Files 
 
Agency Analysis Received From 
Regional Educational Cooperatives (RECA) Early Childhood Education and Care Department (ECECD) Health Care Authority (HCA) Agency Analysis was Solicited but Not Received From 
Public Education Department (PED) Albuquerque Public Schools (APS)  
Department of Health (DOH) 
 
SUMMARY 
 
Synopsis of House Bill 501 
 
House Bill 501 (HB501) would introduce a new section of the School Personnel Act, Section 22-
10A, NMSA 1978 entitled “Students Experiencing Gender Incongruence – Parental Notification 
– Response Plans.” 
 
School employees are required to report to a school administrator if a child mentions gender 
incongruence, defined as a difference between the child’s biologic sex and the child’s perceived 
or desired sex, or transitions to a sex other than their biological sex while at school. The school 
administrator must then notify a parent, and with the parent, implement a response plan, which 
may include counseling or other support for the student.  
  House Bill 501 – Page 2 
 
 
This bill does not contain an effective date and, as a result, would go into effect 90 days after the 
Legislature adjourns if enacted, or June 20, 2025. 
 
FISCAL IMPLICATIONS  
 
There is no appropriation in House Bill 501. No fiscal impact is identified. 
 
SIGNIFICANT ISSUES 
 
The Health Care Authority points out that: 
On February 18, 2025, the United States Court of Appeals for the First Circuit issued a 
decision that found parents do not have a right to be informed of their child discussing 
gender identity issues with teacher and school officials. The court stated, “By cultivating 
an environment where students may feel safe in expressing their gender identity, the 
protocol endeavors to remove psychological barriers for transgender students and 
equalizes educational opportunities.” In addressing the school district’s policy that 
protected the privacy of students, the Court opined that the policy “plausibly creates a 
space for students to express their identity without worrying about parental backlash...” 
Foote v. Ludlow School Committee, Case No. 23-1069. 
 
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP 
 
This bill relates to the following bills: 
 House Bill 185/Senate Bill 459, identical bills entitled Protection of Women’s Sports Act, 
 House Bill 466, Hormone Therapy and Puberty Blocker Protection, 
 House Bill 543, Parental Consent for Minor’s Health Care, 
 Senate Bill 258, Human Sexuality Education, 
 Senate Bill 356, State Diversity Act, and  
 Senate Bill 500, Detransitioner Protection Act. 
 
TECHNICAL ISSUES 
 
The Early Childhood Education and Care Department points out that, “HB501 does not provide 
clarification as to what constitutes requested ‘participation’ in a students’ transition to a gender 
different from the student’s biological sex.” 
 
LAC/hj/SL2/rl