All Roll Calls
Yes: 100 • No: 2
New MexicoSB 642026 Regular SessionSenate
CREATE OFFICE OF SPECIAL EDUCATION
Sponsored By: Mimi Stewart (Democratic)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
New limits on gifted students’ services
Beginning July 1, 2026, New Mexico’s special education framework uses federal disability-based definitions. Gifted status alone no longer qualifies a student for services through that framework. Gifted students who also qualify based on a disability remain covered. Separate state support for gifted programs remains limited to state-approved programs serving students who meet established gifted criteria.
Dyslexia screening and reading help for children
Beginning July 1, 2026, the law carries forward annual dyslexia screening for every first grader, required since 2019–2020. Children showing dyslexia signs and trouble reading, writing, spelling, understanding speech, or expressing thoughts get classroom support or a student assistance team referral. Support must use proven methods, start promptly, follow a clear plan, and track progress. Parents must be told they can request a special education evaluation at any point during the team’s support process. If the district suspects a disability, the team must refer the child for evaluation. When the district agrees the child may have a disability, evaluation is due within 60 days after parental consent. A district that refuses must give written notice explaining the refusal and the family’s procedural rights. Districts must continue literacy training plans required in 2019–2020 and 2020–2021, including structured literacy training for elementary teachers and relevant reading and special education staff. Administrators and reading teachers must learn proven reading interventions; special education teachers must learn structured literacy for eligible students with dyslexia. The state education department must provide recommended training materials, technical help, and rules for screening, support, and formal evaluations.
State oversight for students with disabilities
Beginning July 1, 2026, New Mexico creates an Office of Special Education within its Public Education Department. A deputy secretary appointed by the education secretary leads the office. It oversees equal opportunity, free appropriate public education, and enforcement of disability education and anti-discrimination laws. The office maintains a state plan, evaluates programs, and reports results to the governor and legislative education study committee. State standards cover students with disabilities and eligible three- and four-year-olds with developmental delays, including those in specified nonprofit centers and state institutions. The office coordinates transitions from secondary or postsecondary education to work or vocational placement and consults quarterly with peer-selected district and charter leaders. It must build and maintain one statewide online system for individualized education programs, called IEPs. Every district and charter school must use it to record services, track progress, check delivery of planned interventions, and meet federal deadlines.
Sponsors & Cosponsors
Sponsor
Mimi Stewart
Democratic • Senate
Cosponsors
Cindy Nava
Democratic • Senate
Elizabeth "Liz" Stefanics
Democratic • Senate
Joy Garratt
Democratic • House
Roll Call Votes
House vote • 2/17/2026
Final House Vote
Yes: 62 • No: 1
Senate vote • 2/4/2026
Final Senate Vote
Yes: 38 • No: 1
Actions Timeline
Signed by Governor - Chapter 55 - Mar. 9
3/9/2026SenatePassed in the House of Representatives - Y:62 N:1
2/17/2026HouseHEC: Reported by committee with Do Pass recommendation
2/13/2026HouseHGEIC: Reported by committee with Do Pass recommendation
2/9/2026HouseSent to HGEIC - Referrals: HGEIC/HEC
2/5/2026SenatePassed in the Senate - Y:38 N:1
2/4/2026SenateSFC: Reported by committee with Do Pass recommendation with amendment(s)
2/2/2026SenateSEC: Reported by committee with Do Pass recommendation with amendment(s)
1/28/2026SenateSCC: Reported by committee to fall within the purview of a 30 day session
1/23/2026SenateSent to SCC - Referrals: SCC/SEC/SFC
1/22/2026Senate
Bill Text
Final Version
3/9/2026
HEC Committee Report 2/13/26
2/13/2026
HGEIC Committee Report 2/09/26
2/9/2026
SFC Committee Report 2/02/26
2/2/2026
SEC Committee Report 1/28/26
1/28/2026
SCC Committee Report 1/23/26
1/23/2026
Introduced
1/22/2026