SB38 enacts the Special Education Act, which creates the Office of Special Education within the Public Education Department. This legislation transfers federal funding for preschool special education to the Early Childhood Education and Care Department. It mandates evaluations and screenings for disabilities, as well as research-based or evidence-based interventions. Additionally, this legislation mandates the inclusion of students with disabilities in all educational programs and activities and monitors their academic and nonacademic progress.
The New Mexico Senate passed SB38 on February 27, 2025 by a vote of 31 to 7. We have assigned pluses to the nays because this legislation expands public-education bureaucracy and increases government involvement in education, infringing on local control and parental rights. The bill’s alignment with federal mandates increases federal oversight in New Mexico, reducing state sovereignty.
