Senate codifies Office of Special Education, keeps ombuds in PED amid independence concerns

Senate Education voted to give Senate Bill 38 a due‑pass recommendation after adopting an amendment that removes language grouping gifted students with IDEA‑eligible special education and places the Office of Special Education (OSE) inside the Public Education Department (PED).

Sponsor Senator Linda Stewart (sponsor of SB38) said the bill “creates in statute the Office of Special Education, OSE, to ensure that we have the right personnel, the right people working on these issues,” and that it codifies an office that has operated under an executive order.

The bill sets duties, creates a deputy secretary post for special education in PED and moves some 3‑ and 4‑year‑old special‑education responsibilities and IDEA funding relationships between agencies. The committee adopted an amendment (moved by Senator Figueroa) that struck references that had conflated gifted students with IDEA special‑education eligibility and instead reinstated current statutory language for gifted services.

Stan Rounds, representing school superintendents, urged caution. “This bill is unnecessary. This bill will lock future governors into practices that are currently underway through executive order,” he said, while noting support for some provisions such as transition services and moving the ombuds to PED.

Disability Rights New Mexico and parents backed the measure’s intent. Jim Jackson of Disability Rights New Mexico said the bill “elevating the Office of Special Education, making sure that this is recognized” would reassure families that special education is a priority. Dr. Margaret Cage, who currently serves in the OSE, described efforts to build relationships and to provide legal support and training under PED.

Members pressed about the ombuds office, which is currently independent and works directly with parents. Senator Pope said parents worry moving the ombuds under PED could reduce perceived neutrality; Dr. Cage and the sponsor said the move aims to provide the ombuds with legal counsel, administrative support and quicker access to resources while keeping its functions distinct from the OSE.

The committee recorded a due‑pass recommendation on SB38. Senator Ezell explained her no vote saying she remained concerned about the ombuds’ ability to maintain neutrality inside PED. Other committee members said the bill provides clarity on statewide IEP forms and monitoring and said funding to implement new duties is in the governor’s executive budget and under consideration by appropriations.

What happens next: SB38 now moves from committee with a due‑pass recommendation; implementation details and any appropriation will be handled separately by the legislature.