1. A. Within the course of the 2019-2020 and 2020-2021 school years and in each subsequent school year, all first grade students shall be screened for dyslexia.
2. B. A student whose dyslexia screening demonstrates characteristics of dyslexia and who is having difficulty learning to read, write, spell, understand spoken language or express thoughts clearly shall receive appropriate classroom interventions through a multilayered system of supports or be referred to a student assistance team.
3. C. In accordance with department procedures for a multilayered system of supports, guidelines and policies, each school district shall provide timely, appropriate, systematic, scientific, evidence-based interventions prescribed by the student assistance team, with progress monitoring to determine the student's response or lack of response to interventions.
4. D. A parent of a student referred to a student assistance team shall be informed of the parent's right to request an initial special education evaluation at any time during the school district's implementation of the interventions prescribed by the student assistance team. If the school district agrees that the student may have a disability, the student assistance team shall refer the child for an evaluation. The student shall be evaluated within sixty days of receiving the parental consent for an initial evaluation. If the school district refuses the parent's request for an initial evaluation, the school district shall provide written notice of the refusal to the parent, including notice of the parent's right to challenge the school district's decision as provided in state and federal law and rules.
5. E. Within the course of the 2019-2020 and 2020-2021 school years, every school district shall develop and implement a literacy professional development plan that includes a detailed framework for structured literacy training by a licensed and accredited or credentialed teacher preparation provider for all elementary school teachers and for training in evidence-based reading intervention for reading interventionists and special education teachers working with students demonstrating characteristics of dyslexia or diagnosed with dyslexia. The plan shall continue to be implemented each school year and may be updated as necessary. The department shall provide lists of recommended teacher professional development materials and opportunities for teachers and school administrators regarding evidence-based reading instruction for students at risk for reading failure and displaying the characteristics of dyslexia.
6. F. School districts shall train school administrators and teachers who teach reading to implement appropriate evidence-based reading interventions. School districts shall train special education teachers to provide structured literacy training for students who are identified with dyslexia as a specific learning disability and who are eligible for special education services.
7. G. The department shall provide technical assistance for special education diagnosticians and other special education professionals regarding the formal special education evaluation of students suspected of having a specific learning disability, such as dyslexia.
8. H. The department shall adopt rules, standards and guidelines necessary to implement this section.

History: Laws 2010, ch. 59, § 2; 2019, ch. 256, § 2; 1978 Comp., § 22-13-32, recompiled and amended as § 22-36-5 by Laws 2026, ch. 55, § 6.

ANNOTATIONS

Recompilations. — Laws 2026, ch. 55, § 6 recompiled and amended former 22-13-32 NMSA 1978 as 22-36-5 NMSA 1978, effective July 1, 2026.

The 2026 amendment, effective July 1, 2026, provided for a multilayered system of supports for students displaying characteristics of dyslexia; in Subsection B, after "interventions" added "through a multilayered system of supports"; in Subsection C, after "procedures" added "for a multilayered system of supports", and deleted references to "charter schools" throughout the section.

The 2019 amendment, required early screening and intervention for students displaying characteristics of dyslexia, and required school districts to develop and implement a literacy professional development plan to assist elementary school teachers and teachers working with students demonstrating characteristics of dyslexia or diagnosed with dyslexia; deleted "research-based" and added "evidence-based" throughout; added a new Subsection A and redesignated former Subsections A through G as Subsections B through H, respectively; in Subsection B, after "student", deleted "who, despite effective classroom instruction in general education as provided by department standards" and added "whose dyslexia screening", and after "clearly shall", added "receive appropriate classroom interventions or"; in Subsection C, after "lack of response", deleted "for a student in the secondary tier of response to intervention who meets the criteria in Subsection A of this section prior to referring the student for a special education evaluation"; in Subsection E, added "Within the course of the 2019-2020 and 2020-2021 school years, every school district and charter school shall develop and implement a literacy professional development plan that includes a detailed framework for structured literacy training by a licensed and accredited or credentialed teacher preparation provider for all elementary school teachers and for training in evidence-based reading intervention for reading interventionists and special education teachers working with students demonstrating characteristics of dyslexia or diagnosed with dyslexia. The plan shall continue to be implemented each school year and may be updated as necessary"; and in Subsection F, after "reading interventions", deleted "prior to referring the student for a special education evaluation", and after "provide", deleted "appropriate specialized reading instruction" and added "structured literacy training".

Contingent effective dates. — Laws 2019, ch. 256, § 3 provided that the provisions of Laws 2019, ch. 256 shall become effective upon Senate Bill 536, House Bill 548 or similar legislation of the first session of the fifty-fourth legislature becoming law that contains an appropriation for early screening and intervention for students displaying characteristics of dyslexia. Laws 2019, ch. 278 (Senate Bill 536), effective June 14, 2019, was signed by the governor. Laws 2019, ch. 278, § 26(A)(2) provided, "(2) three hundred fifty-seven thousand dollars ($357,000) for a short dyslexia screening for first grade students and for a dyslexia professional development plan that provides dyslexia training for teachers".