HOUSE BILL 107

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Pauline J. Ponce

AN ACT

RELATING TO SPECIAL EDUCATION; EXEMPTING THE NEW MEXICO MILITARY INSTITUTE FROM RULES AND STANDARDS OF THE PUBLIC EDUCATION DEPARTMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 22-13-5 NMSA 1978 (being Laws 1972, Chapter 95, Section 1, as amended) is amended to read:

     "22-13-5. SPECIAL EDUCATION.--School districts shall provide special education and related services appropriate to meet the needs of all children requiring special education and related services. [Regulations] Rules and standards shall be developed and established by the [state board] 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 except the New Mexico military institute. The [state board] department shall monitor and enforce the [regulations] rules and standards. School districts 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 his child. If a child receiving services in the department of health's family, infant, toddler program has his third birthday during the school year, the child's parents shall have the option of having the child complete the school year in the family, infant, toddler program or enrolling the child in the public school's preschool program. A child with a disability who enrolls in the public school's preschool program and who has his third birthday during a school year may receive special education and related services from the beginning of that school year. 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 [state board] department and providing parent education. The services may be provided by [certified school personnel] 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."