1. A. The office shall make, adopt and keep current a state plan for special education policy, programs and standards.
2. B. The department shall set standards for diagnosis and screening of and educational offerings for students with disabilities in public schools, developmentally delayed three- and four-year-old children and eligible children in private, nonsectarian, nonprofit training centers and in state institutions under the authority of the secretary of health.
3. C. The department shall establish and maintain an evaluation program of the system that monitors the implementation and impact of all special education programs for three- and four-year-old developmentally delayed children and students with disabilities in the public schools. The system shall be operated with the cooperation of school districts. Portions of the system may be subcontracted, and periodic reports regarding the efficacy of special education programs for children and students with disabilities shall be made to the governor and the legislative education study committee.
4. D. The office shall coordinate programming related to the transition of students with disabilities from secondary and post-secondary education programs to employment or vocational placement in accordance with the Special Education Act.

History: 1953 Comp., § 77-11-3.2, enacted by Laws 1972, ch. 95, § 3; 1978, ch. 211, § 13; 1990, ch. 94, § 4; 1993, ch. 229, § 1; 1978 Comp., § 22-13-7, recompiled and amended as § 22-36-4 by Laws 2026, ch. 55, § 5.

ANNOTATIONS

Recompilations. — Laws 2026, ch. 55, § 5 recompiled and amended former 22-13-7 NMSA 1978 as 22-36-4 NMSA 1978, effective July 1, 2026.

Repeals and reenactments. — Laws 1972, ch. 95, § 3, repealed 77-11-3.2, 1953 Comp., as enacted by Laws 1971, ch. 109, § 1, relating to provision of special education services and facilities by localities, and enacted a new 22-13-7 NMSA 1978.

Cross references. — For the legislative education study committee, see 2-10-1 NMSA 1978.

The 2026 amendment, effective July 1, 2026, provided certain responsibilities for the office of special education; in Subsection A, after "The" deleted "state board" and added "office"; in Subsection B, after "The department" deleted "of education with the approval of the state board", after "educational offerings for" deleted "exceptional children" and added "students with disabilities", and after "public schools" added "developmentally delayed three- and four-year-old children and eligible children"; in Subsection C, after "The" deleted "state board" and added "department", after "impact of all," added "special education", after "programs for" deleted "exceptional" and added "three- and four-year-old developmentally delayed", after "children" added "and students with disabilities", after the next occurrence of "programs" deleted "exceptional", after the next occurrence of "children" added "students with disabilities", and after "made to the" added "governor"; and in Subsection D, after "The" deleted "department of education" and added "office", after "transition of" deleted "persons" and added "students", and after "vocational placement" added "in accordance with the Special Education Act".

The 1993 amendment, effective June 18, 1993, deleted "and environment" at the end of Subsection B and added Subsection D.

The 1990 amendment, effective May 16, 1990, substituted "state board" for "state board of education" in Subsections A and B, deleted "department" after "health and environment" at the end of Subsection B, added Subsection C, and made minor stylistic changes in Subsection B.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Requisite conditions and appropriate factors affecting educational placement of handicapped children, 23 A.L.R.4th 740.