Public-domain · open source
OpenJurist

§ 22-36-5 NMSA 1978

Supports for students displaying characteristics of dyslexia

Known as the Special Education Act

The act spans §§ 22–22 (6 sections).

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.

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.

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.

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.

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.

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.

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.

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.

H. The department shall adopt rules, standards and guidelines necessary to implement this section.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.