HOUSE BILL 229
56th legislature - STATE OF NEW MEXICO - second session, 2024
INTRODUCED BY
Raymundo Lara
AN ACT
RELATING TO PUBLIC EDUCATION; AMENDING SECTIONS OF THE PUBLIC SCHOOL CODE BY PROVIDING CERTAIN SPECIALIZED SUPPORT SERVICES ANCILLARY TO SPECIAL EDUCATION, INCLUDING MEDICAL, BEHAVIORAL HEALTH OR ADAPTIVE PHYSICAL EDUCATION SERVICES; PROVIDING THAT SCHOOL DISTRICTS AND CHARTER SCHOOLS INCLUDE SPECIALIZED SUPPORT SERVICES IN DEPARTMENT-APPROVED EDUCATIONAL PLANS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-8-21 NMSA 1978 (being Laws 1974, Chapter 8, Section 11, as amended) is amended to read:
"22-8-21. SPECIAL EDUCATION PROGRAM UNITS.--
A. For the purpose of the Public School Finance Act, special education programs for exceptional children are those approved by the department and classified as follows:
(1) class A programs, in which department- certified individuals provide services to children whose individualized education programs require a minimal amount of special education and in which the ratio of students to professionals is regulated by the [state board] department;
(2) class B programs, in which department- certified individuals provide services to children whose individualized education programs require a moderate amount of special education and in which the ratio of students to professionals is regulated by the [state board] department;
(3) class C programs, in which department- certified individuals provide services to children whose individualized education programs require an extensive amount of special education and in which the ratio of students to professionals is regulated by the [state board] department;
(4) class D programs, in which department- certified individuals provide services to children whose
individualized education programs require a maximum amount of special education and in which the ratio of students to professionals is regulated by the [state board] department. Students in class D programs may be enrolled in private, nonsectarian, nonprofit educational training centers in accordance with the provisions of Section 22-13-8 NMSA 1978; and
(5) programs for developmentally disabled three- and four-year-old children meeting standards approved by the [state board] department.
B. All students assigned to the programs for exceptional children classified in Subsection A of this section shall have been so assigned as a result of diagnosis and evaluation performed in accordance with the standards of the department before the students may be counted in the determination of special education program units as provided in Subsection C of this section.
C. The number of special education program units is the sum of the following:
(1) the MEM in approved class A and B programs as defined in Subsection A of this section multiplied by the cost differential factor .7;
(2) the MEM in approved class C programs as defined in Subsection A of this section multiplied by the cost differential factor 1.0;
(3) the MEM in approved class D programs as defined in Subsection A of this section multiplied by the cost differential factor 2.0;
(4) the MEM for developmentally disabled three- and four-year-old children as defined in Subsection A of this section multiplied by the cost differential factor 2.0; provided that no developmentally disabled three- or four-year- old student shall be counted for additional ancillary service units; and
(5) for related services ancillary to providing special education and specialized support services that meet the requirements provided in Subsection C of Section 22-13-5 NMSA 1978, the number of full-time-equivalent certified or licensed ancillary service and diagnostic service personnel multiplied by the cost differential factor 25.0.
D. For the purpose of calculating membership in class C and class D programs, students shall be counted in actual grade placement or according to chronological age if not in actual grade placement."
SECTION 2. Section 22-13-5 NMSA 1978 (being Laws 1972, Chapter 95, Section 1, as amended) is amended to read:
"22-13-5. SPECIAL EDUCATION--RELATED AND ANCILLARY SERVICES.--
A. School districts and charter schools shall provide special education and related services appropriate to meet the needs of students requiring special education and related services. Rules and standards shall be developed and established by the department for the provision of special education in the schools and classes of the public school system in the state and in all institutions wholly or partly supported by the state. The department shall monitor and enforce the rules and standards. School districts and charter schools shall also provide services for three-year-old and four-year-old preschool children with disabilities, unless the parent or guardian chooses not to enroll the child.
B. Services for students age three through twenty-one may include, but are not limited to, evaluating particular needs, providing learning experiences that develop cognitive and social skills, arranging for or providing related services as defined by the department and providing parent education. The services may be provided by licensed school employees or contracted for with other community agencies and shall be provided in age-appropriate, integrated settings, including home, daycare centers, head start programs, schools or community-based settings.
C. Each school district or charter school shall establish within its department-approved educational plan specialized support services ancillary to special education. Specialized support services are services identified through a student's individualized education program as required in order for the student to reach full academic potential. Specialized support services include:
(1) medical support services provided by medical professionals who through training and licensure or certification are qualified to provide specialized medical services to an identified student to address issues associated with the student's medical fragility;
(2) behavioral health support services provided by behavioral health professionals who through training and licensure or certification are qualified to provide specialized behavioral health services, including applied behavioral analysis, to an identified student to address issues associated with the student's cognitive or developmental disability; or
(3) adaptive physical education support services provided by professionals who through training and licensure or certification are qualified to provide adaptive physical education services to an identified student to address issues associated with the student's physical well-being."
SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2024.
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