House committee backs SB64 to codify Office of Special Education and statewide IEP system
February 13, 2026 | House of Representatives, Committees, Legislative, New Mexico
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A House Education Committee on Monday recommended that Senate Bill 64 be given a "do pass" recommendation after hours of testimony from state education officials, local superintendents, teacher unions, disability advocates and parents.
The bill would codify an office that the governor previously established by executive order in 2023, formally placing an Office of Special Education within the Public Education Department and creating a deputy secretary position to lead it. An unidentified sponsor explained the measure "codifies the previous executive order" and assigns the office responsibility for enforcing state and federal law on education for students with disabilities.
Dr. Jill Baez, who identified herself as the deputy secretary of the Office of Special Education, told the committee that "Special education currently serves 1 in 5 students in New Mexico" and that codifying the office would ensure continuity across administrations. Baez said the office already has about 27 positions (25 filled), leads data, monitoring and complaint-resolution teams, and sits at the cabinet level so disability needs inform agency planning.
Supporters — including school leaders, the American Federation of Teachers-New Mexico and Disability Rights New Mexico — said the office and a statewide IEP platform would improve accountability, reduce compliance failures and maintain services for students who move between districts. Will Hawkins, a superintendent, described the quarterly consultation requirement in the amended bill as "not simply another meeting requirement" but a forum for collaborative, structured work focused on continuous improvement.
Some parents and teachers expressed concern about earlier draft language they said would move gifted services out of special-education protections. Kate Campbell, a teacher and parent, said she opposed the portion of the bill that she believed "seeks to strip special education protection from children with giftedness and children who need 504 plans." Sponsor representatives said the bill was amended to reinstate definitions for "exceptional child" and "gifted child," and that gifted services will remain housed in the Curriculum and Instruction bureau and continue to be governed by existing state statute and PED rules; they emphasized IDEA funding cannot be used for general gifted services.
Committee members asked how the office would help students who move frequently (including military families and youth in foster care). Baez said the statewide IEP would allow continuity of services and enable PED to access prior IEP content and provide services within 30 days of enrollment.
After questions and discussion, the committee moved and approved a "do pass" recommendation on SB64.
The committee record shows a roll-call on the motion; the chair announced a do-pass recommendation. The bill will proceed through the legislative process for further consideration.
The bill would codify an office that the governor previously established by executive order in 2023, formally placing an Office of Special Education within the Public Education Department and creating a deputy secretary position to lead it. An unidentified sponsor explained the measure "codifies the previous executive order" and assigns the office responsibility for enforcing state and federal law on education for students with disabilities.
Dr. Jill Baez, who identified herself as the deputy secretary of the Office of Special Education, told the committee that "Special education currently serves 1 in 5 students in New Mexico" and that codifying the office would ensure continuity across administrations. Baez said the office already has about 27 positions (25 filled), leads data, monitoring and complaint-resolution teams, and sits at the cabinet level so disability needs inform agency planning.
Supporters — including school leaders, the American Federation of Teachers-New Mexico and Disability Rights New Mexico — said the office and a statewide IEP platform would improve accountability, reduce compliance failures and maintain services for students who move between districts. Will Hawkins, a superintendent, described the quarterly consultation requirement in the amended bill as "not simply another meeting requirement" but a forum for collaborative, structured work focused on continuous improvement.
Some parents and teachers expressed concern about earlier draft language they said would move gifted services out of special-education protections. Kate Campbell, a teacher and parent, said she opposed the portion of the bill that she believed "seeks to strip special education protection from children with giftedness and children who need 504 plans." Sponsor representatives said the bill was amended to reinstate definitions for "exceptional child" and "gifted child," and that gifted services will remain housed in the Curriculum and Instruction bureau and continue to be governed by existing state statute and PED rules; they emphasized IDEA funding cannot be used for general gifted services.
Committee members asked how the office would help students who move frequently (including military families and youth in foster care). Baez said the statewide IEP would allow continuity of services and enable PED to access prior IEP content and provide services within 30 days of enrollment.
After questions and discussion, the committee moved and approved a "do pass" recommendation on SB64.
The committee record shows a roll-call on the motion; the chair announced a do-pass recommendation. The bill will proceed through the legislative process for further consideration.
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