Feb 28, 2025, Los Alamos Reporter: PED: Special Education Act Passes Senate, Moves On To House
The New Mexico Senate passed legislation yesterday that would establish a dedicated Office of Special Education and create a comprehensive state-specific framework to address the unique challenges faced by students with disabilities throughout New Mexico.
Senate Bill 38, known as the Special Education Act, passed the New Mexico Senate with a vote of 31-7.
The bill, if passed in the House of Representatives and signed into law, would create the Office of Special Education (OSE) as a division within the Public Education Department (PED). The bill would also create a comprehensive state-specific framework that addresses the unique challenges faced by students with disabilities in New Mexico, going beyond the basic federal requirements for special education.
“The Special Education Act will fill critical gaps and enhance the services currently available, particularly through the inclusion of transitional education plans, which are essential for preparing students for life after school,” said Public Education Secretary Designate Mariana D. Padilla.
A notable component of SB 38 is the requirement for an OSE-approved individualized education program (IEP) template and a statewide IEP system. An IEP is a written document outlining the delivery of special education supports and services for a student with a disability. SB 38 would create consistency in how IEPs are developed and implemented across the state, promoting equity in services across all schools.
SB 38 would also require the OSE to train districts and charters on the formulation and implementation of transitional IEPs. Transitional IEPs support students who are not yet enrolled in kindergarten, who are transitioning within the public school system or who are transitioning to postsecondary education or the workforce. These transitions are often the most challenging for students with disabilities and can lead to disruptions in their education and support services.
The bill would also transfer federal grant funding and oversight for special education in early childhood to the Early Childhood Education and Care Department.
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