SB 38 New Mexico Senate · 2025 Regular Session

SPECIAL EDUCATION ACT

SB 38 creates a new Office of Special Education within New Mexico's Public Education Department, headed by a deputy secretary appointed for expertise in special education. The bill reorganizes oversight by moving the State Special Education Ombud from the Developmental Disabilities Council to the Public Education Department and transfers certain federal funding to the Early Childhood Education and Care Department. The Office will oversee school district compliance with federal special education law (IDEA), monitor student progress, develop transition plans for students with disabilities, and coordinate services across state agencies. It directly affects students with disabilities, school districts, and state education agencies by establishing new oversight structures and requiring annual training for school staff on special education requirements. The law also mandates updates to state special education policy plans every three years.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Feb 2025
Senate Passage
Feb 2025
House Passage
Governor
Introduced Feb 3, 2025 Last action Jun 3, 2025
Floor votes · Senate Feb 27, 2025

How they voted

307
Passed · 3 other
Total votes 40
Feb 27, 2025
D Democratic24
23 Yea 1
95% Yea
R Republican16
7 Yea 7 Nay 2
43% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
6
Key actions
3
Committee
2
Feb 28, 2025
Introduced
Sent to House Education Committee & House Judiciary Committee
lower
Feb 27, 2025
Upper · Passed
passed Senate
upper
Feb 20, 2025
Upper · Passed
DO PASS, as amended, committee report adopted
upper
Feb 13, 2025
Upper · Passed
DO PASS, as amended, committee report adopted
upper
Feb 3, 2025
Introduced
Sent to Senate Education Committee & Senate Finance Committee
upper
3 primary · 0 co-sponsors

Sponsors