New Mexico 2025 Regular Session

New Mexico Senate Bill SB38 Compare Versions

Only one version of the bill is available at this time.

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28	28	SENATE BILL 38
29	29	57
30	30	TH LEGISLATURE
31	31	-
32	32
33	33	STATE
34	34
35	35	OF
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37	37	NEW
38	38
39	39	MEXICO
40	40
41	41	-
42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Mimi Stewart
48	48	AN ACT
49	49	RELATING TO SPECIAL EDUCATION; ENACTING THE SPECIAL EDUCATION
50	50	ACT; CREATING THE OFFICE OF SPECIAL EDUCATION; PROVIDING POWERS
51	51	AND DUTIES; PROVIDING FOR THE TRANSFER OF CERTAIN FEDERAL
52	52	FUNDING FROM THE PUBLIC EDUCATION DEPARTMENT TO THE EARLY
53	53	CHILDHOOD EDUCATION AND CARE DEPARTMENT; REORGANIZING THE
54	54	OFFICE OF THE STATE SPECIAL EDUCATION OMBUD BY REMOVING THE
55	55	OFFICE FROM THE DEVELOPMENTAL DISABILITIES COUNCIL TO THE
56	56	PUBLIC EDUCATION DEPARTMENT; RECOMPILING THE SPECIAL EDUCATION
57	57	OMBUD ACT IN THE PUBLIC SCHOOL CODE; MAKING CONFORMING
58	58	AMENDMENTS.
59	59	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
60	60	SECTION 1. Section 9-24-4 NMSA 1978 (being Laws 2004,
61	61	Chapter 27, Section 4, as amended) is amended to read:
62	62	"9-24-4. DEPARTMENT CREATED.--
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90	90	A. The "public education department" is created in
91	91	the executive branch. The department is a cabinet department
92	92	and includes the following divisions:
93	93	(1) the administrative services division;
94	94	(2) the assessment and accountability
95	95	division;
96	96	(3) the charter schools division;
97	97	(4) the educator quality division;
98	98	(5) the Indian education division;
99	99	(6) the information technology division;
100	100	(7) the instructional support and vocational
101	101	education division;
102	102	(8) the program support and student
103	103	transportation division;
104	104	(9) the quality assurance and systems
105	105	integration division;
106	106	(10) the rural education division; [and ]
107	107	(11) the office of special education;
108	108	(12) the office of the state special education
109	109	ombud; and
110	110	[(11)] (13) the vocational rehabilitation
111	111	division.
112	112	B. The secretary may organize the department and
113	113	divisions of the department and may transfer or merge functions
114	114	between divisions and bureaus in the interest of efficiency and
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143	143	economy."
144	144	SECTION 2. A new section of the Public School Code is
145	145	enacted to read:
146	146	"[NEW MATERIAL] SHORT TITLE.--Sections 2 through 7 of this
147	147	act may be cited as the "Special Education Act"."
148	148	SECTION 3. A new section of the Public School Code is
149	149	enacted to read:
150	150	"[NEW MATERIAL] DEFINITIONS.--As used in the Special
151	151	Education Act:
152	152	A. "deputy secretary" means the deputy secretary of
153	153	special education;
154	154	B. "office" means the office of special education;
155	155	and
156	156	C. "school district" includes charter schools."
157	157	SECTION 4. A new section of the Public School Code is
158	158	enacted to read:
159	159	"[NEW MATERIAL] OFFICE OF SPECIAL EDUCATION--DEPUTY
160	160	SECRETARY--POWERS AND DUTIES.--
161	161	A. The office of special education is created as a
162	162	division of the department and shall be headed by the deputy
163	163	secretary of special education who shall be appointed solely on
164	164	the basis of education and experience. The deputy secretary
165	165	shall direct the activities of the office and apprise the
166	166	secretary of federal and state law regarding special education.
167	167	B. The deputy secretary may, subject to
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196	196	appropriation, appoint professional and clerical staff as
197	197	needed to carry out the provisions of the Special Education Act
198	198	and other duties as provided by law.
199	199	C. The department shall provide data regarding the
200	200	state's compliance with federal and state law regarding special
201	201	education and the state's administration of funding received
202	202	pursuant to Part B of the federal Individuals with Disabilities
203	203	Education Improvement Act of 2004."
204	204	SECTION 5. A new section of the Public School Code is
205	205	enacted to read:
206	206	"[NEW MATERIAL] DUTIES OF THE OFFICE.--The office shall:
207	207	A. oversee and enforce state and school district
208	208	compliance with federal and state law regarding special
209	209	education and the rights of students with disabilities,
210	210	including the federal Individuals with Disabilities Education
211	211	Improvement Act of 2004, by:
212	212	(1) soliciting input from special education
213	213	students, parents, educational decision makers, regional
214	214	education cooperatives, advocates, licensed school employees
215	215	and other special education providers;
216	216	(2) reviewing publicly available information
217	217	and resources regarding special education services and
218	218	programs;
219	219	(3) monitoring academic and nonacademic
220	220	progress of students with disabilities;
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249	249	(4) providing procedural safeguards as
250	250	required by law;
251	251	(5) performing site visits to public schools,
252	252	if visits are needed; and
253	253	(6) requiring remedial action by a school
254	254	district if a school district or public school is out of
255	255	compliance;
256	256	B. ensure that transitional individualized
257	257	education programs prepare students with disabilities:
258	258	(1) who are not yet enrolled in kindergarten
259	259	for public school in coordination with the early childhood
260	260	education and care department;
261	261	(2) for transitions within the public school
262	262	system; and
263	263	(3) for transition to higher education or the
264	264	workforce in coordination with the higher education department;
265	265	C. make and adopt a state plan for special
266	266	education policy, programs and standards and update that plan
267	267	every three years;
268	268	D. review and recommend rules to address the needs
269	269	of students with disabilities, including highly mobile students
270	270	with disabilities, and other matters related to special
271	271	education;
272	272	E. consult and coordinate with:
273	273	(1) other divisions and units of the
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302	302	department to:
303	303	(a) promote the inclusion of students
304	304	with disabilities in all educational programs and activities;
305	305	(b) ensure that gifted students with
306	306	disabilities receive appropriate services as required by state
307	307	and federal law;
308	308	(c) identify and address factors that
309	309	disproportionately impact students with disabilities, including
310	310	high mobility; and
311	311	(d) develop and implement culturally and
312	312	linguistically responsive and appropriate services, curricula
313	313	and pedagogy to support students with disabilities;
314	314	(2) state agencies and public post-secondary
315	315	educational institutions to prioritize and expand appropriate
316	316	special education services to children and students with
317	317	disabilities from birth through transition to college or
318	318	career;
319	319	(3) state agencies and state primary and
320	320	secondary educational institutions to ensure that students with
321	321	disabilities in state custody or in residential treatment
322	322	facilities and psychiatric hospitals receive free appropriate
323	323	public education; and
324	324	(4) public post-secondary educational
325	325	institutions to support the education and training of licensed
326	326	school employees;
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355	355	F. develop policies and provide:
356	356	(1) guidance for the parents of students with
357	357	disabilities;
358	358	(2) recommendations for school districts to
359	359	ensure that the school districts' special education services:
360	360	(a) are evidence- or research-based;
361	361	(b) are designed in collaboration with
362	362	parents and educational decision makers; and
363	363	(c) include student-centered goals;
364	364	(3) professional development materials and
365	365	programming for licensed school employees; and
366	366	(4) annual training to all local school
367	367	boards, charter school governing bodies, school district
368	368	administrators and school personnel that addresses:
369	369	(a) state and federal law regarding the
370	370	education of students with disabilities, including the federal
371	371	Individuals with Disabilities Education Improvement Act of
372	372	2004;
373	373	(b) policies, practices and
374	374	interventions specific to students with disabilities, including
375	375	de-escalation practices and techniques and positive behavioral
376	376	supports;
377	377	(c) structured literacy;
378	378	(d) the formulation and implementation
379	379	of individualized education plans and transitional
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408	408	individualized education plans; and
409	409	(e) engagement and communication with
410	410	students, parents and educational decision makers;
411	411	G. provide technical assistance to school districts
412	412	and other special education providers that implement programs
413	413	for students with disabilities;
414	414	H. identify systems and policies that:
415	415	(1) maximize the provision of special
416	416	education services;
417	417	(2) expedite the evaluation of students with
418	418	disabilities, including students younger than age five; and
419	419	(3) facilitate effective and meaningful
420	420	inclusion and integration of students with disabilities in all
421	421	educational settings;
422	422	I. monitor:
423	423	(1) the expenditures of federal and state
424	424	funding for special education programs and services, including
425	425	medicaid funding and the state equalization guarantee, and take
426	426	action to ensure such expenditures are made in accordance with
427	427	the law; and
428	428	(2) school district policies and practices for
429	429	screening and evaluating students suspected of having
430	430	disabilities;
431	431	J. work with the office of the state special
432	432	education ombud, review recommendations from the state ombud,
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461	461	investigate those recommendations and take appropriate action
462	462	on those recommendations;
463	463	K. develop and maintain an online system for the
464	464	formulation of individualized education plans, which shall be
465	465	used for all students to whom the federal Individuals with
466	466	Disabilities Education Improvement Act of 2004 applies; and
467	467	L. determine which special education data is needed
468	468	to evaluate the state's compliance with federal and state laws
469	469	related to special education, coordinate with other divisions
470	470	of the department to ensure that school districts collect that
471	471	data in a consistent and uniform manner and submit an annual
472	472	report to the governor, secretary and legislative education
473	473	study committee that includes the following data:
474	474	(1) student demographics;
475	475	(2) student achievement, outcomes and
476	476	transitions;
477	477	(3) state and federal funding and
478	478	corresponding expenditures;
479	479	(4) the types of programming and services
480	480	provided in each school district and statewide and the office's
481	481	evaluation of that programming and those services;
482	482	(5) the use of restraint and seclusion of
483	483	students with disabilities statewide; and
484	484	(6) national compensation trends for special
485	485	education teachers and recommendations for recruiting and
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514	514	retaining qualified special education teachers."
515	515	SECTION 6. A new section of the Public School Code is
516	516	enacted to read:
517	517	"[NEW MATERIAL] SPECIAL EDUCATION SALARY DIFFERENTIAL
518	518	LEVELS.--No later than July 1, 2026, the department and office
519	519	shall, in consultation with school districts and licensed
520	520	school employees, identify strategies for recruitment and
521	521	retention of licensed school employees who provide
522	522	instructional support to students with disabilities."
523	523	SECTION 7. A new section of the Public School Code is
524	524	enacted to read:
525	525	"[NEW MATERIAL] TRANSFER OF PRESCHOOL SPECIAL EDUCATION.--
526	526	A. No later than July 1, 2025, the department shall
527	527	initiate the transfer of federal grant funding and
528	528	corresponding powers and duties pursuant to Section 619 of Part
529	529	B of the federal Individuals with Disabilities Education Act to
530	530	the early childhood education and care department.
531	531	B. The early childhood education and care
532	532	department, through a coordinator appointed pursuant to Section
533	533	619 of Part B of the federal Individuals with Disabilities
534	534	Education Act, shall collaborate with the department in:
535	535	(1) providing special education and related
536	536	services to students with disabilities who are three through
537	537	four years of age and who are five years of age but not
538	538	eligible for kindergarten;
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567	567	(2) supervising and monitoring the provision
568	568	of special education and related services to students with
569	569	disabilities who are three through four years of age and who
570	570	are five years of age but not eligible for kindergarten;
571	571	(3) ensuring compliance with federal funding
572	572	requirements pursuant to Section 619 of Part B of the federal
573	573	Individuals with Disabilities Education Act; and
574	574	(4) providing technical assistance with the
575	575	provision of special education and related services to
576	576	community-based and school-based pre-kindergarten, early pre-
577	577	kindergarten and head start programs.
578	578	C. The department shall retain all oversight
579	579	responsibilities required pursuant to Section 619 of Part B of
580	580	the federal Individuals with Disabilities Education Act,
581	581	including oversight of administrative and fiscal compliance."
582	582	SECTION 8. Section 22-8-6 NMSA 1978 (being Laws 1967,
583	583	Chapter 16, Section 60, as amended) is amended to read:
584	584	"22-8-6. OPERATING BUDGETS--EDUCATIONAL PLANS--
585	585	SUBMISSION--CERTAIN REPORTS--FAILURE TO SUBMIT.--
586	586	A. Prior to April 15 of each year, each local
587	587	school board shall submit to the department an operating budget
588	588	for the school district and any locally chartered charter
589	589	school in the school district for the ensuing fiscal year.
590	590	B. The date for the submission of the operating
591	591	budget for each school district and each charter school as
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620	620	required by this section may be extended to a later date fixed
621	621	by the secretary.
622	622	C. The operating budget required by this section
623	623	may include:
624	624	(1) estimates of the cost of insurance
625	625	policies for periods up to five years if a lower rate may be
626	626	obtained by purchasing insurance for the longer term; or
627	627	(2) estimates of the cost of contracts for the
628	628	transportation of students for terms extending up to four
629	629	years.
630	630	D. The operating budget required by this section
631	631	shall include a budget for each charter school of the
632	632	membership projected for each charter school, the total program
633	633	units generated at that charter school and approximate
634	634	anticipated disbursements and expenditures at each charter
635	635	school.
636	636	E. For fiscal year 2021 and subsequent fiscal
637	637	years, each school district's and each locally chartered or
638	638	state-chartered charter school's educational plan shall
639	639	include:
640	640	(1) information on the instructional time
641	641	offered by the school district or charter school, including the
642	642	number of instructional days by school site and the number of
643	643	hours in each instructional day and the frequency of early-
644	644	release days;
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673	673	(2) a narrative explaining the identified
674	674	services to improve the academic success of at-risk students;
675	675	(3) a narrative explaining the services
676	676	provided to students enrolled in the following programs:
677	677	(a) extended learning time programs,
678	678	including a report of how the extended learning time is used to
679	679	improve the academic success of students and professional
680	680	learning of teachers; and
681	681	(b) [K-5] K-12 plus programs;
682	682	(4) a narrative explaining the school
683	683	district's or charter school's beginning teacher mentorship
684	684	programs as well as class size and teaching load information;
685	685	(5) a narrative explaining supplemental
686	686	programs or services offered by the school district or charter
687	687	school to ensure that the Bilingual Multicultural Education
688	688	Act, the Indian Education Act and the Hispanic Education Act
689	689	are being implemented by the school district or charter school;
690	690	(6) a narrative describing the amount of
691	691	program cost generated for services provided to students with
692	692	disabilities and gifted students and the spending of these
693	693	revenues on services provided to those students [with
694	694	disabilities], which shall include the following:
695	695	(a) program cost generated for students
696	696	enrolled in approved special education programs;
697	697	(b) budgeted expenditures of program
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726	726	cost, for students enrolled in approved special education
727	727	programs, on students with disabilities;
728	728	(c) the amount of program cost generated
729	729	for personnel providing ancillary and related services to
730	730	students with disabilities;
731	731	(d) budgeted expenditures of program
732	732	cost for personnel providing ancillary and related services to
733	733	students with disabilities, on special education ancillary and
734	734	related services personnel; [and ]
735	735	(e) a description of the steps taken to
736	736	ensure that students with disabilities have access to a free
737	737	and appropriate public education; and
738	738	(f) an explanation of how program costs
739	739	are expended, disaggregated by grade; and
740	740	(7) a common set of performance targets and
741	741	performance measures, as determined by the department in
742	742	consultation with the department of finance and administration,
743	743	the legislative finance committee and the legislative education
744	744	study committee.
745	745	F. In addition to the requirements of Subsection E
746	746	of this section, a school district or charter school that
747	747	receives federal or local revenue shall include in its
748	748	educational plan a narrative explaining how the school district
749	749	or charter school will use the federal or local revenue to
750	750	improve outcomes for students or to improve the condition of a
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779	779	school building. No later than October 1 of each year, a
780	780	school district or charter school that received federal or
781	781	local revenue in the prior fiscal year shall report to the
782	782	department on the actual uses of that revenue, including a
783	783	comprehensive evaluation of how the programs and services
784	784	provided with that revenue improved outcomes for students or
785	785	how capital projects undertaken improved the condition of a
786	786	school building. A school district or charter school that is
787	787	required under federal law to consult with tribal entities as a
788	788	condition of receiving impact aid funds shall include in its
789	789	educational plan a detailed narrative of its consultations with
790	790	tribal entities and the results of those consultations. The
791	791	school district or charter school shall transmit the October 1
792	792	spending and outcomes report to the appropriate tribal
793	793	authorities. No later than November 15 of each year, the
794	794	department shall compile the federal and local revenue outcomes
795	795	reports into a statewide report to the legislative education
796	796	study committee and the legislative finance committee that
797	797	includes an analysis and identification of effective programs
798	798	and strategies that improve outcomes for students.
799	799	G. A school district or charter school operating
800	800	budget and educational plan shall prioritize federal and local
801	801	revenue for purposes relating to the Indian Education Act; for
802	802	capital expenditures authorized by the Public School Capital
803	803	Outlay Act, the Public School Capital Improvements Act or the
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832	832	Public School Buildings Act; or for research-based or evidence-
833	833	based social, emotional or academic interventions for which at-
834	834	risk program units may be used.
835	835	H. If a local school board or governing board of a
836	836	charter school fails to submit an operating budget pursuant to
837	837	this section, the department shall prepare the operating budget
838	838	for the school district or charter school for the ensuing
839	839	fiscal year. A local school board or governing board of a
840	840	charter school shall be considered as failing to submit an
841	841	operating budget pursuant to this section if the budget
842	842	submitted exceeds the total projected resources of the school
843	843	district or charter school or if the budget submitted does not
844	844	comply with the law or with rules and procedures of the
845	845	department.
846	846	I. As used in this section:
847	847	(1) "federal revenue" means seventy-five
848	848	percent of the revenue derived from:
849	849	(a) federal forest reserve funds
850	850	distributed in accordance with Section 22-8-33 NMSA 1978; or
851	851	(b) federal assistance to those areas
852	852	affected by federal activity authorized in accordance with
853	853	Title 20 of the United States Code, commonly known as "PL 874
854	854	funds" or "impact aid funds"; and
855	855	(2) "local revenue" means seventy-five percent
856	856	of the revenue from a school district one-half mill school
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885	885	district property tax and revenue from the Oil and Gas Ad
886	886	Valorem Production Tax Act and the Oil and Gas Production
887	887	Equipment Ad Valorem Tax Act."
888	888	SECTION 9. Section 22-13-5 NMSA 1978 (being Laws 1972,
889	889	Chapter 95, Section 1, as amended) is amended to read:
890	890	"22-13-5. SPECIAL EDUCATION.--School districts shall
891	891	provide special education and related services appropriate to
892	892	meet the needs of students [requiring special education and
893	893	related services] with disabilities and gifted students . Rules
894	894	and standards shall be developed and established by the
895	895	department for the provision of special education in the
896	896	schools and classes of the public school system in the state
897	897	and in all institutions wholly or partly supported by the
898	898	state. The department shall monitor and enforce the rules and
899	899	standards. School districts shall [also ] identify and provide
900	900	services for three-year-old and four-year-old [preschool ]
901	901	children with disabilities, unless the parent or guardian
902	902	chooses not to enroll the child. Services for students [age
903	903	three through twenty-one ] with disabilities may include [but
904	904	are not limited to] evaluating particular needs, providing
905	905	learning experiences that develop cognitive and social skills,
906	906	arranging for or providing related services as defined by the
907	907	department and providing parent education. The services may be
908	908	provided by licensed school employees or contracted for with
909	909	[other community agencies ] a public or private provider and
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938	938	shall be provided in age-appropriate, integrated settings,
939	939	including home, daycare centers, head start programs, schools
940	940	or community-based settings."
941	941	SECTION 10. Section 22-13-6 NMSA 1978 (being Laws 1972,
942	942	Chapter 95, Section 2, as amended) is amended to read:
943	943	"22-13-6. SPECIAL EDUCATION--DEFINITIONS.--As used in the
944	944	Public School Code:
945	945	A. "special education" means the provision of
946	946	services additional to, supplementary to or different from
947	947	those provided in the regular school program by a systematic
948	948	modification and adaptation of instructional techniques,
949	949	materials and equipment to meet the needs of [exceptional ]
950	950	children and students with disabilities and gifted students ;
951	951	[B. "exceptional children" means school-age persons
952	952	whose abilities render regular services of the public school to
953	953	be inconsistent with their educational needs;
954	954	C. "children with disabilities" means those ] B.
955	955	"students with disabilities" means students with physical or
956	956	mental impairments or specific learning disabilities and who,
957	957	as a result of those impairments or specific learning
958	958	disabilities, require special education and related services in
959	959	accordance with the federal Individuals with Disabilities
960	960	Education Improvement Act of 2004, and includes children three
961	961	and four years of age who are classified as developmentally
962	962	disabled [according to ] in accordance with the Developmental
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988	988	23
989	989	24
990	990	25
991	991	Disabilities Act and Part B of the federal Individuals with
992	992	Disabilities Education Improvement Act of 2004;
993	993	[D.] C. "gifted [child] student" means a school-age
994	994	person who is determined to be gifted pursuant to Section
995	995	22-13-6.1 NMSA 1978 and standards adopted by the department
996	996	pursuant to that section. Nothing in this section shall
997	997	preclude a school district or charter school from offering
998	998	additional gifted programs for students who fail to meet the
999	999	eligibility criteria; however, the state shall only provide
1000	1000	state funds for department-approved gifted programs for those
1001	1001	students who meet the established criteria;
1002	1002	[E.] D. "dyslexia" means a specific learning
1003	1003	disability that is neurobiological in origin and that is
1004	1004	characterized by difficulty with accurate or fluent word
1005	1005	recognition and by poor spelling and decoding abilities, which
1006	1006	characteristics typically result from a deficit in the
1007	1007	phonological component of language that is often unexpected in
1008	1008	relation to other cognitive abilities and the provision of
1009	1009	effective classroom instruction and may result in problems in
1010	1010	reading comprehension and reduced reading experience that may
1011	1011	impede the growth of vocabulary and background knowledge;
1012	1012	[F. "response to intervention" means a multitiered
1013	1013	intervention model that uses a set of increasingly intensive
1014	1014	academic or behavioral supports, matched to student need, as a
1015	1015	framework for making educational programming and eligibility
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1044	1044	decisions; and]
1045	1045	E. "highly mobile students" means school-age
1046	1046	persons who frequently move to different school districts,
1047	1047	including children of military families, migratory children,
1048	1048	children who are experiencing homelessness and children in the
1049	1049	foster care system;
1050	1050	F. "multi-layered system of supports" means a
1051	1051	coordinated and comprehensive framework of evidence-based
1052	1052	academic and behavioral supports that address a student's needs
1053	1053	with graduated intensity based on data collected for the
1054	1054	student and provides progress measures, including school-based
1055	1055	team structures, professional development, health and wellness
1056	1056	and family and community engagement, to provide for additional
1057	1057	supports; and
1058	1058	G. "student assistance team" means a school-based
1059	1059	group whose purpose, based on procedures and guidelines
1060	1060	established by the department, is to provide additional
1061	1061	educational support to students who are experiencing
1062	1062	difficulties that are preventing them from benefiting from
1063	1063	general instruction."
1064	1064	SECTION 11. Section 22-13-7 NMSA 1978 (being Laws 1972,
1065	1065	Chapter 95, Section 3, as amended) is amended to read:
1066	1066	"22-13-7. SPECIAL EDUCATION--RESPONSIBILITY.--
1067	1067	A. The [state board] office of special education
1068	1068	shall make, adopt and keep current a state plan for special
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1093	1093	22
1094	1094	23
1095	1095	24
1096	1096	25
1097	1097	education policy, programs and standards.
1098	1098	B. The department [of education with the approval
1099	1099	of the state board] shall set standards for diagnosis and
1100	1100	screening of and educational offerings for [exceptional ]
1101	1101	children and students with disabilities and gifted students in
1102	1102	public schools and children in private, nonsectarian, nonprofit
1103	1103	training centers and in state institutions under the authority
1104	1104	of the secretary of health.
1105	1105	C. The [state board] department shall establish and
1106	1106	maintain a [program of evaluation of the ] system to monitor
1107	1107	implementation and impact of all programs for [exceptional ]
1108	1108	children and students with disabilities and gifted students in
1109	1109	the public schools. This [program ] system shall be operated
1110	1110	with the cooperation of [local ] school districts. Portions of
1111	1111	the program may be subcontracted, and periodic reports
1112	1112	regarding the efficacy of programs for [exceptional ] children
1113	1113	and students with disabilities and gifted students shall be
1114	1114	made to the governor and the legislative education study
1115	1115	committee.
1116	1116	D. The [department of education ] office of special
1117	1117	education shall coordinate programming related to the
1118	1118	transition of [persons ] students with disabilities from
1119	1119	secondary and post-secondary education programs to employment
1120	1120	or vocational placement in accordance with the Special
1121	1121	Education Act."
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1150	1150	SECTION 12. Section 22-13-32 NMSA 1978 (being Laws 2010,
1151	1151	Chapter 59, Section 2, as amended) is amended to read:
1152	1152	"22-13-32. [INTERVENTION ] SUPPORTS FOR STUDENTS
1153	1153	DISPLAYING CHARACTERISTICS OF DYSLEXIA.--
1154	1154	A. Within the course of the 2019-2020 and 2020-2021
1155	1155	school years and in each subsequent school year, all first
1156	1156	grade students shall be screened for dyslexia.
1157	1157	B. A student whose dyslexia screening demonstrates
1158	1158	characteristics of dyslexia and who is having difficulty
1159	1159	learning to read, write, spell, understand spoken language or
1160	1160	express thoughts clearly shall receive appropriate classroom
1161	1161	interventions through a multi-layered system of supports or be
1162	1162	referred to a student assistance team.
1163	1163	C. In accordance with department [response to
1164	1164	intervention] procedures for a multi-layered system of
1165	1165	supports, guidelines and policies, each school district or
1166	1166	charter school shall provide timely, appropriate, systematic,
1167	1167	scientific, evidence-based interventions prescribed by the
1168	1168	student assistance team, with progress monitoring to determine
1169	1169	the student's response or lack of response.
1170	1170	D. A parent of a student referred to a student
1171	1171	assistance team shall be informed of the parent's right to
1172	1172	request an initial special education evaluation at any time
1173	1173	during the school district's or charter school's implementation
1174	1174	of the interventions prescribed by the student assistance team.
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1203	1203	If the school district or charter school agrees that the
1204	1204	student may have a disability, the student assistance team
1205	1205	shall refer the child for an evaluation. The student shall be
1206	1206	evaluated within sixty days of receiving the parental consent
1207	1207	for an initial evaluation. If the school district or charter
1208	1208	school refuses the parent's request for an initial evaluation,
1209	1209	the school district or charter school shall provide written
1210	1210	notice of the refusal to the parent, including notice of the
1211	1211	parent's right to challenge the school district's or charter
1212	1212	school's decision as provided in state and federal law and
1213	1213	rules.
1214	1214	E. Within the course of the 2019-2020 and 2020-2021
1215	1215	school years, every school district and charter school shall
1216	1216	develop and implement a literacy professional development plan
1217	1217	that includes a detailed framework for structured literacy
1218	1218	training by a licensed and accredited or credentialed teacher
1219	1219	preparation provider for all elementary school teachers and for
1220	1220	training in evidence-based reading intervention for reading
1221	1221	interventionists and special education teachers working with
1222	1222	students demonstrating characteristics of dyslexia or diagnosed
1223	1223	with dyslexia. The plan shall continue to be implemented each
1224	1224	school year and may be updated as necessary. The department
1225	1225	shall provide lists of recommended teacher professional
1226	1226	development materials and opportunities for teachers and school
1227	1227	administrators regarding evidence-based reading instruction for
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1256	1256	students at risk for reading failure and displaying the
1257	1257	characteristics of dyslexia.
1258	1258	F. School districts and charter schools shall train
1259	1259	school administrators and teachers who teach reading to
1260	1260	implement appropriate evidence-based reading interventions.
1261	1261	School districts and charter schools shall train special
1262	1262	education teachers to provide structured literacy training for
1263	1263	students who are identified with dyslexia as a specific
1264	1264	learning disability and who are eligible for special education
1265	1265	services.
1266	1266	G. The department shall provide technical
1267	1267	assistance for special education diagnosticians and other
1268	1268	special education professionals regarding the formal special
1269	1269	education evaluation of students suspected of having a specific
1270	1270	learning disability, such as dyslexia.
1271	1271	H. The department shall adopt rules, standards and
1272	1272	guidelines necessary to implement this section."
1273	1273	SECTION 13. Section 28-16C-1 NMSA 1978 (being Laws 2021,
1274	1274	Chapter 53, Section 1) is recompiled as Section 22-36-1 NMSA
1275	1275	1978 and is amended to read:
1276	1276	"22-36-1. SHORT TITLE.--Sections 1 through 11 of [this
1277	1277	act] Chapter 22, Article 36 NMSA 1978 may be cited as the
1278	1278	"Special Education Ombud Act"."
1279	1279	SECTION 14. Section 28-16C-2 NMSA 1978 (being Laws 2021,
1280	1280	Chapter 53, Section 2) is recompiled as Section 22-36-2 NMSA
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1309	1309	1978 and is amended to read:
1310	1310	"22-36-2. DEFINITIONS.--As used in the Special Education
1311	1311	Ombud Act:
1312	1312	A. ["council" means the developmental disabilities
1313	1313	planning council] "department" means the public education
1314	1314	department;
1315	1315	B. "deputy secretary" means the deputy secretary of
1316	1316	special education;
1317	1317	[B.] C. "office" means the office of the state
1318	1318	special education ombud;
1319	1319	[C.] D. "parent" includes a legal guardian or
1320	1320	custodian who has custody and control of a student or an
1321	1321	individual who has legal authority to make educational
1322	1322	decisions on behalf of the student;
1323	1323	E. "secretary" means the secretary of public
1324	1324	education;
1325	1325	[D.] F. "state ombud" means the state special
1326	1326	education ombud; and
1327	1327	[E.] G. "student" means a public school student
1328	1328	receiving or seeking special education services."
1329	1329	SECTION 15. Section 28-16C-3 NMSA 1978 (being Laws 2021,
1330	1330	Chapter 53, Section 3) is recompiled as Section 22-36-3 NMSA
1331	1331	1978 and is amended to read:
1332	1332	"22-36-3. CREATION OF THE OFFICE OF THE STATE SPECIAL
1333	1333	EDUCATION OMBUD--GENERAL DUTIES OF THE OFFICE.--
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1362	1362	A. The "office of the state special education
1363	1363	ombud" is created within the [council ] department.
1364	1364	B. The [council] secretary shall appoint the "state
1365	1365	special education ombud", who shall head the office and
1366	1366	supervise the ombuds and other staff of the office. The state
1367	1367	ombud may contract for services to assist the office in
1368	1368	conducting its duties and may use the services of volunteers.
1369	1369	C. The state ombud shall:
1370	1370	(1) identify, investigate and resolve concerns
1371	1371	pertaining to special education services that are filed with
1372	1372	the office by parents;
1373	1373	(2) assist students and parents in protecting
1374	1374	the educational rights of students, which may include assisting
1375	1375	students and parents in individualized education plan meetings
1376	1376	or other proceedings pursuant to the federal Individuals with
1377	1377	Disabilities Education Act;
1378	1378	(3) inform students and parents about special
1379	1379	education resources in their community;
1380	1380	(4) ensure that students and parents have
1381	1381	regular and timely access to the services provided through the
1382	1382	office and that students and parents receive timely responses
1383	1383	from representatives of the office;
1384	1384	(5) identify any patterns of concerns that
1385	1385	emerge regarding special education services and educational
1386	1386	rights and recommend strategies for improvement to the [public
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1415	1415	education department] deputy secretary;
1416	1416	(6) [collaborate with the public education
1417	1417	department to] ensure that all dispute resolution processes are
1418	1418	available to students and parents, including the special
1419	1419	education parent liaison, mediation, facilitated individualized
1420	1420	education program meetings, state complaint and investigations
1421	1421	and due process hearings;
1422	1422	(7) collaborate with the parent training
1423	1423	information centers and protection and advocacy agencies within
1424	1424	the state to identify and report systemic special education
1425	1425	issues to the [public education ] department;
1426	1426	(8) ensure that office staff, contractors and
1427	1427	volunteers are trained in:
1428	1428	(a) federal, state and local laws, rules
1429	1429	and policies with respect to special education in the state;
1430	1430	(b) investigative techniques;
1431	1431	(c) dispute resolution; and
1432	1432	(d) such other matters as the office
1433	1433	deems appropriate;
1434	1434	(9) develop procedures for the certification
1435	1435	of ombuds. An employee or contractor shall not investigate a
1436	1436	concern filed with the office unless that person is certified
1437	1437	by the office;
1438	1438	(10) analyze, comment on and monitor the
1439	1439	development and implementation of federal and state laws, rules
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1468	1468	and other governmental policies and actions that pertain to the
1469	1469	educational rights of students with respect to the adequacy of
1470	1470	special education services in the state;
1471	1471	(11) recommend changes to laws, rules,
1472	1472	policies and actions pertaining to the special educational
1473	1473	rights of students as the office determines to be appropriate;
1474	1474	(12) facilitate public comment on proposed
1475	1475	laws, rules, policies and actions; and
1476	1476	(13) provide information to public and private
1477	1477	agencies, legislators and other persons regarding the problems
1478	1478	and concerns of special education services and make
1479	1479	recommendations related to those problems and concerns."
1480	1480	SECTION 16. Section 28-16C-4 NMSA 1978 (being Laws 2021,
1481	1481	Chapter 53, Section 4) is recompiled as Section 22-36-4 NMSA
1482	1482	1978 and is amended to read:
1483	1483	"22-36-4. ANNUAL REPORT--CONTENTS.--No later than
1484	1484	December 1 of each year, the office shall prepare a report for
1485	1485	the secretary and deputy secretary that includes:
1486	1486	A. actions taken by the office in the year for
1487	1487	which the report is prepared;
1488	1488	B. special education concerns identified by or on
1489	1489	behalf of students and parents, resolution of the concerns and
1490	1490	the effectiveness of the resolution processes;
1491	1491	C. recommendations for improving the quality of
1492	1492	special education services provided to students and protecting
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1521	1521	the educational rights of students; and
1522	1522	D. policy, regulatory and legislative
1523	1523	recommendations to solve identified concerns related to special
1524	1524	education, to improve processes of resolutions of concerns, to
1525	1525	improve the quality of services provided to students, to
1526	1526	protect the educational rights of students and to remove
1527	1527	barriers to education and educational services."
1528	1528	SECTION 17. Section 28-16C-6 NMSA 1978 (being Laws 2021,
1529	1529	Chapter 53, Section 6) is recompiled as Section 22-36-6 NMSA
1530	1530	1978 and is amended to read:
1531	1531	"22-36-6. ACCESS TO STUDENT EDUCATIONAL RECORDS.--Upon
1532	1532	request and with consent from the student or the student's
1533	1533	parent, the office shall have access to [the ] a student's
1534	1534	educational records from the [public education ] department, a
1535	1535	school district or a public school as necessary to carry out
1536	1536	the office's responsibilities."
1537	1537	SECTION 18. Section 28-16C-7 NMSA 1978 (being Laws 2021,
1538	1538	Chapter 53, Section 7) is recompiled as Section 22-36-7 NMSA
1539	1539	1978 and is amended to read:
1540	1540	"22-36-7. CONFIDENTIALITY OF INFORMATION.--
1541	1541	A. All files and records maintained by the office
1542	1542	that pertain to students are confidential and not subject to
1543	1543	the provisions of the Inspection of Public Records Act. The
1544	1544	state ombud shall not disclose the identity of a concerned
1545	1545	person or student about whom the office maintains files or
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1574	1574	records unless:
1575	1575	(1) the concerned person, student or parent
1576	1576	consents in writing to the disclosure;
1577	1577	(2) the concerned person, student or parent
1578	1578	gives oral consent that is documented immediately in writing by
1579	1579	a representative of the office. If the student is unable to
1580	1580	give oral consent, the student may give consent in any way that
1581	1581	the student is able to, and the consent shall also be
1582	1582	documented immediately in writing by a representative of the
1583	1583	office; or
1584	1584	(3) disclosure is ordered by a court.
1585	1585	B. The annual report required pursuant to Section
1586	1586	[4 of the Special Education Ombud Act ] 22-36-4 NMSA 1978 may be
1587	1587	based on confidential information and may be published or
1588	1588	furnished to the public, but the report shall not identify
1589	1589	individual students directly or indirectly nor violate the
1590	1590	privileged or confidential nature of the relationship and
1591	1591	communications between the student and the office."
1592	1592	SECTION 19. Section 28-16C-8 NMSA 1978 (being Laws 2021,
1593	1593	Chapter 53, Section 8) is recompiled as Section 22-36-8 NMSA
1594	1594	1978 and is amended to read:
1595	1595	"22-36-8. CONFLICT OF INTEREST.--The [council ] department
1596	1596	shall promulgate rules to ensure that:
1597	1597	A. a person or an immediate family member of that
1598	1598	person involved in the designation of an ombud does not have a
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1627	1627	conflict of interest;
1628	1628	B. an employee or a contractor of the office or an
1629	1629	immediate family member of the employee or contractor does not
1630	1630	have a conflict of interest; and
1631	1631	C. an ombud:
1632	1632	(1) does not have an ownership or investment
1633	1633	interest, represented by equity, debt or other financial
1634	1634	relationship, in a public school providing special education
1635	1635	services;
1636	1636	(2) is not employed by, or participating in
1637	1637	the management of, a public school providing special education
1638	1638	services; and
1639	1639	(3) does not receive, or have the right to
1640	1640	receive, directly or indirectly, remuneration in cash or in
1641	1641	kind under a compensation arrangement with a public school
1642	1642	providing special education services."
1643	1643	SECTION 20. Section 28-16C-10 NMSA 1978 (being Laws 2021,
1644	1644	Chapter 53, Section 10) is recompiled as Section 22-36-10 NMSA
1645	1645	1978 and is amended to read:
1646	1646	"22-36-10. AVAILABILITY OF LEGAL COUNSEL TO THE
1647	1647	OFFICE.--The [council ] department shall ensure that adequate
1648	1648	legal counsel is available and is able, without conflict of
1649	1649	interest, to:
1650	1650	A. provide advice and consultation to the office
1651	1651	needed to protect the educational rights of students; and
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1680	1680	B. assist the office and contractors in the
1681	1681	performance of the official duties of the state ombud and
1682	1682	representatives."
1683	1683	SECTION 21. Section 28-16C-11 NMSA 1978 (being Laws 2021,
1684	1684	Chapter 53, Section 11) is recompiled as Section 22-36-11 NMSA
1685	1685	1978 and is amended to read:
1686	1686	"22-36-11. INTERFERENCE WITH THE OFFICE AND RETALIATION
1687	1687	PROHIBITED--POTENTIAL ACTIONS FOR NONCOMPLIANCE.--
1688	1688	A. A person shall not willfully interfere with the
1689	1689	lawful actions of the office.
1690	1690	B. A person shall not institute discriminatory,
1691	1691	disciplinary or retaliatory action against any student or
1692	1692	parent for filing a concern with, providing information to or
1693	1693	otherwise cooperating with the office.
1694	1694	C. If public school personnel or a contractor or
1695	1695	volunteer of a school district or charter school fails to
1696	1696	comply with the provisions of the Special Education Ombud Act:
1697	1697	(1) the [council] office shall report the
1698	1698	noncompliance to the [public education ] department;
1699	1699	(2) the office shall collaborate with other
1700	1700	divisions of the [public education ] department to access
1701	1701	processes and resources to address special education services
1702	1702	concerns; and
1703	1703	(3) the office shall collaborate with other
1704	1704	divisions of the [public education ] department to identify
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1733	1733	further appropriate actions to be taken in response to the
1734	1734	report, which may include a corrective action plan or any other
1735	1735	administrative action that the [public education ] department is
1736	1736	authorized to take to ensure that students receive the free and
1737	1737	appropriate public education required by the Individuals with
1738	1738	Disabilities Education Act and state law. The office shall
1739	1739	provide a letter to the concerned person explaining the actions
1740	1740	the [public education ] department will take."
1741	1741	SECTION 22. RECOMPILATION.--Sections 28-16C-5 and
1742	1742	28-16C-9 NMSA 1978 (being Laws 2021, Chapter 53, Sections 5 and
1743	1743	9) are recompiled as Sections 22-36-5 and 22-36-9 NMSA 1978.
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