HB 253 New Mexico House · 2026 Regular Session

PUBLIC EDUCATION CHANGES

HB 253 requires New Mexico school districts and charter schools to report projected enrollment numbers for students in distance learning programs. It changes school funding calculations by excluding distance learning students from membership counts used to determine state funding, and establishes a new approval process for these programs requiring state education department review. The bill also sets enrollment limits for distance learning with specific exceptions, clarifies requirements for students with disabilities in such programs, and renames the "Statewide Cyber Academy Act" as the "Distance Learning Act" while updating related definitions. These changes directly affect school districts, charter schools, and students enrolled in distance learning programs.

Bill status signed all 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

House Passage

Feb 2026

Senate Passage

Feb 2026

Signed into Law

Feb 2026

Introduced Jan 30, 2026 Signed Feb 25, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

EC substitute → Final Version · 6 edits

MODERATE

This bill significantly restructures the legal framework for distance learning in New Mexico public schools. It replaces the Statewide Cyber Academy Act with a new Distance Learning Act, establishes comprehensive definitions for distance learning students, and creates new reporting and record-keeping requirements for school districts. The changes aim to clarify how distance learning programs are funded and regulated while maintaining flexibility for schools serving students with disabilities.

Scope change

The bill expands the scope from a specific Statewide Cyber Academy program to a broader Distance Learning Act that applies to all school districts and charter schools operating distance learning programs, rather than just a collaborative program.

SCOPE

Replaced the Statewide Cyber Academy Act with a new Distance Learning Act, expanding applicability from a specific collaborative program to all school districts and charter schools operating distance learning programs.

DEFINITION

Added comprehensive new definitions including 'distance learning student,' 'qualified student,' 'program unit,' and 'family income index rate' to standardize terminology across the public school finance system.

REQUIREMENT

Established new requirements for school districts and charter schools to report membership estimates of students to be enrolled as distance learning students and maintain specific records regarding these students.

ELIGIBILITY

Modified eligibility criteria for qualified students, including specific age requirements and provisions for students with disabilities, while adding temporary provisions for students who reached their twenty-second birthday during the 2019-2020 school year.

FISCAL

Created new funding mechanisms through program units and cost differential factors to calculate entitlement for school districts operating distance learning programs.

ENFORCEMENT

Added requirements for the Public Education Department to evaluate distance learning programs and established restrictions on student enrollment in distance learning programs with specific exceptions.

introduced version → EC substitute · 9 edits

MAJOR

This bill significantly restructures New Mexico's distance learning regulations by renaming the Statewide Cyber Academy Act to the Distance Learning Act and removing the requirement that it be a collaborative program. It introduces new definitions for distance learning students, establishes stricter enrollment restrictions for public schools and charter schools, and creates a new evaluation process for distance learning programs. The changes aim to provide clearer guidance on virtual instruction while maintaining oversight through the Public Education Department.

Scope change

The bill expands the scope of distance learning regulations to include all public schools and charter schools operating full-time distance learning programs, not just those participating in the statewide cyber academy. It also clarifies that distance learning students should be excluded from size adjustment program unit calculations.

SCOPE

Renamed the Statewide Cyber Academy Act to the Distance Learning Act and removed the requirement that it be a collaborative program among multiple agencies.

DEFINITION

Added new definitions for 'distance learning student,' 'full-time distance learning program,' and 'qualified student' to clarify eligibility criteria.

REQUIREMENT

Requires school districts and charter schools to report membership estimates for distance learning students and maintain specific records regarding enrolled students.

Added restrictions requiring schools not to require students to enroll in full-time distance learning programs, with exceptions for public health emergencies.

Requires schools operating distance learning programs to provide instructional materials in electronic formats accessible to students with disabilities.

ELIGIBILITY

Establishes age and enrollment requirements for distance learning students, including that they must be regularly enrolled in at least half of minimum course requirements.

ENFORCEMENT

Creates a new requirement for the Public Education Department to evaluate all full-time distance learning programs every five years to ensure compliance with state standards.

FISCAL

Temporarily excludes distance learning students from enrollment growth program unit calculations for fiscal years 2026 and 2027.

TIMELINE

Establishes a legislative study deadline of November 1, 2026, to evaluate the status and outcomes of full-time distance learning programs.

Floor votes · Senate Feb 18, 2026 · House Feb 14, 2026

How they voted

35–0

Passed · 3 other

Total votes 38

Feb 18, 2026

D Democratic22

21 Yea 1

95% Yea

R Republican16

14 Yea 2

87% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 25, 2026

Signed into law

Signed

executive

Feb 19, 2026

Executive · Passed

House concurred in Senate amendments

executive

Feb 18, 2026

Upper · Passed

passed Senate

upper

Feb 18, 2026

Executive · Passed

floor substitute adopted (1 amendment)

executive

Feb 18, 2026

Executive · Passed

motion to reconsider adopted

executive

Feb 16, 2026

Upper · Passed

DO PASS committee report adopted

upper

Feb 15, 2026

Introduced

Sent to Senate Education Committee

upper

Feb 14, 2026

Lower · Passed

passed House

lower

Feb 14, 2026

Lower · Passed

DO PASS, as amended, committee report adopted

lower

Feb 9, 2026

Lower · Passed

DO NOT PASS, replaced with committee substitute

lower

Jan 30, 2026

Introduced

Sent to House Education Committee & House Appropriations & Finance Committee

lower

3 primary · 0 co-sponsors