The proposed "Special Education Act" establishes the Office of Special Education within the Public Education Department, which will be led by a deputy secretary responsible for overseeing compliance with federal and state special education laws. This office will monitor the academic progress of students with disabilities, ensure adherence to the Individuals with Disabilities Education Improvement Act, and develop supportive policies. Additionally, the bill mandates the transfer of certain federal funding and responsibilities for preschool special education from the Public Education Department to the Early Childhood Education and Care Department by July 1, 2025. It also reorganizes the Office of the State Special Education Ombud, moving it to the Public Education Department and introducing new reporting requirements for school districts regarding expenditures for students with disabilities.

The bill amends several sections of the New Mexico Statutes to enhance definitions and responsibilities related to special education services, including the redefinition of "special education" to include services for gifted students and the requirement for school districts to provide services for three- and four-year-old children with disabilities. It introduces a multi-layered support system for students with dyslexia, requiring screenings and interventions for first-grade students. The bill also establishes the office of the state special education ombud to address concerns related to special education services, ensuring confidentiality of student information while allowing for the preparation of annual reports. Furthermore, it outlines the department's responsibilities regarding conflicts of interest and legal counsel availability, aiming to strengthen the framework for special education in New Mexico.

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