The proposed Special Education Act establishes the Office of Special Education within the Public Education Department, which will oversee compliance with federal and state laws regarding special education. The Act creates a deputy secretary position to lead the office and outlines its responsibilities, including monitoring academic progress for students with disabilities, ensuring compliance with the Individuals with Disabilities Education Improvement Act, and providing technical assistance to school districts. It also mandates the development of a state plan for special education policy and requires annual reporting on various metrics related to special education services. Additionally, the bill facilitates the transfer of certain federal funding and responsibilities for preschool special education to the Early Childhood Education and Care Department by July 1, 2025, and includes strategies for recruiting and retaining licensed school employees who support students with disabilities.

The legislation amends several sections of the New Mexico Statutes Annotated (NMSA) 1978, redefining "special education" to include services for both students with disabilities and gifted students, as well as three- and four-year-old children with disabilities. It mandates that school districts provide appropriate services in integrated settings and establishes a multi-layered support system for students with dyslexia. The bill also creates the Office of the State Special Education Ombud to address concerns related to special education services, assist parents and students, and prepare an annual report on its activities. Furthermore, it amends laws regarding the confidentiality of student information, ensuring that all files are confidential and outlining conditions for disclosing identities. The bill emphasizes the importance of collaboration within the department to address noncompliance and protect students and parents from retaliation.

Statutes affected:
introduced version: 9-24-4, 22-8-6, 22-13-5, 22-13-6, 22-13-7, 22-13-32, 28-16C-1, 28-16C-2, 28-16C-3, 28-16C-4, 28-16C-6, 28-16C-7, 28-16C-8, 28-16C-10, 28-16C-11