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Senate Finance committee votes to reject codification of special-education office after debate over ombuds transfer
Summary
The Finance Committee debated SB38, a bill to codify an Office of Special Education at PED, and after an amendment to remove a transfer of the special-ed ombuds, the committee approved a motion not to pass the bill.
A bill to codify an Office of Special Education at the Public Education Department (PED) drew both support from disability advocates and concern from many school superintendents; the committee ultimately advanced a do-not-pass motion.
Sponsor testimony described SB38 as formalizing an Office of Special Education that has operated under the governor’s executive order. “This sets up an Office of Special Education in the Public Education Department,” the sponsor said, and the office would focus on statewide individualized education plan (IEP) work, teacher and parent training, and transitions between grade levels.
Supporters included the New Mexico Commission for the Blind, the Disability Coalition, Disability Rights New Mexico and representatives of the Yazzie plaintiffs; witnesses said codifying the office would sustain work begun under the executive order and help improve services and accountability for students with disabilities. “The office of Special Ed has made tremendous strides in the past year and a half and will accomplish so much more,” said Alice McCoy of the Developmental Disabilities Council in remarks for the Council.
A key point of contention was the proposed transfer of a special-education ombuds function into PED. The sponsor offered an amendment that removed the transfer of the ombuds from the bill; witnesses including Disability Rights New Mexico welcomed that change because they had argued independent ombuds oversight should remain outside PED. The amendment also corrected technical language and separated gifted-student provisions from special-education language.
Despite the amendment, many local superintendents voiced opposition. The New Mexico Coalition of Superintendents argued the bill would create overregulation and asked the Legislature to add a sunset date to allow a future administration to decide whether to continue the structure. “90% of your superintendents in New Mexico still oppose this bill,” said Stan Rounds, who testified on behalf of the superintendents association.
Committee debate included questions about transferring a preschool special-education coordinator and whether that move would change oversight or accountability. The sponsor said the transfer involved a single coordinator and that oversight responsibilities would remain with the department.
After public comment and discussion, a motion that the bill do not pass carried on a roll-call vote of 8–3. The committee’s roll call shows Senators Brandt, Campos, Gonzales, Padilla, Steinborn, Trujillo, Shandoh and Muñoz voting to support the do-not-pass motion; Senators Lanier, Tobiason and Woods voted no. The committee’s action means SB38 will not move forward from Finance as drafted.
