Education (Special Education)

HB 120 limits the use of physical restraint and seclusion in New Mexico public schools. It bans chemical, mechanical, prone restraint, and unsupervised seclusion, allowing physical restraint or seclusion only when a student poses imminent serious harm and less restrictive options fail. Schools must train staff in de-escalation and positive behavior strategies, document all restraint/seclusion use, and create safety plans with input from special education experts. The bill directly affects all public school students in New Mexico by restricting potentially harmful interventions and requiring staff to prioritize safer alternatives.

HB 175 requires New Mexico school districts and state-chartered charter schools to report detailed transportation data, including the number of students transported (especially special education and charter school students), bus routes, miles traveled, and any expansion of services compared to the previous year. If a district or charter school reports expanded transportation services (such as new routes, increased miles, or more riders), it receives an immediate funding allocation for that expansion during the current school year. This allocation may be adjusted in the following year based on final data, as determined by the Public Education Department. The bill directly affects school districts and charter schools by linking their transportation funding to specific, reported service metrics.

HB 123 requires New Mexico's Public Education Department to create a single digital system for school districts and charter schools to manage and apply for state and federal education grants. The system would consolidate applications for programs like federal education aid (ESEA), special education funding (IDEA), and literacy grants into one unified platform with automated features and unique tracking codes. School districts must submit detailed spending plans for grant funds through this system, which the department will review and approve. The bill appropriates $1 million to develop and maintain the system by December 2026, affecting all public schools receiving these grants.

SB 105 clarifies that absences related to a student's Individualized Education Program (IEP) and those permitted under federal or state accommodations are considered "excused" under New Mexico's Attendance for Success Act. It requires the Public Education Department to create and publish written guidance for schools on implementing the law, including specific rules for medical absences, pregnancy, and parenting-related absences (with documentation). The bill affects all public schools, charter schools, and private schools, which must now align their attendance policies to allow make-up work for excused absences while maintaining clear definitions of "chronic absence" and "unexcused absence." This update aims to standardize attendance policies and reduce barriers for students with specific needs.

SB 64 creates a dedicated Office of Special Education within New Mexico's Public Education Department and establishes a Deputy Secretary for Special Education. It reorganizes existing special education laws into a new "Special Education Act," explicitly removing gifted students from the definition of special education services. The bill also redefines key terms like dyslexia and outlines the office's responsibilities for overseeing special education programs across all school districts, including charter schools. This structural change aims to streamline oversight and implementation of special education services statewide.

SB 178 requires New Mexico school districts with over 2,000 students to allocate at least 90% of state equalization funds generated by each school directly to that school, with cash balance limits for non-compliant districts. It mandates all school districts and charter schools to develop evidence-based spending plans targeting academic improvements for at-risk students (Native American, low-income, English learners, and special education). The Public Education Department can intervene in underperforming schools by requiring curriculum updates, professional development, or hiring experts to revamp programs. Districts must also submit quarterly financial reports detailing fund allocation for these student groups, effective for the 2026-2027 through 2030-2031 school years.