As used in the Public School Code:

A. "special education" means the provision of services additional to, supplementary to or different from those provided in the regular school program by a systematic modification and adaptation of instructional techniques, materials and equipment to meet the needs of exceptional children;

B. "exceptional children" means school-age persons whose abilities render regular services of the public school to be inconsistent with their educational needs;

C. "children with disabilities" means those children who are classified as developmentally disabled according to the Developmental Disabilities Act [28-16A-1 to 28-16A-18 NMSA 1978] and the federal Individuals with Disabilities Education Act;

D. "gifted child" means a school-age person who is determined to be gifted pursuant to Section 22-13-6.1 NMSA 1978 and standards adopted by the department pursuant to that section. Nothing in this section shall preclude a school district or charter school from offering additional gifted programs for students who fail to meet the eligibility criteria; however, the state shall only provide state funds for department-approved gifted programs for those students who meet the established criteria;

E. "dyslexia" means a specific learning disability that is neurobiological in origin and that is characterized by difficulty with accurate or fluent word recognition and by poor spelling and decoding abilities, which characteristics typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction and may result in problems in reading comprehension and reduced reading experience that may impede the growth of vocabulary and background knowledge;

F. "response to intervention" means a multitiered intervention model that uses a set of increasingly intensive academic or behavioral supports, matched to student need, as a framework for making educational programming and eligibility decisions; and

G. "student assistance team" means a school-based group whose purpose, based on procedures and guidelines established by the department, is to provide additional educational support to students who are experiencing difficulties that are preventing them from benefiting from general instruction.

History: 1953 Comp., § 77-11-3.1, enacted by Laws 1972, ch. 95, § 2; 1978, ch. 211, § 12; 1985, ch. 93, § 3; 1986, ch. 33, § 30; 1994, ch. 25, § 1; 1995, ch. 69, § 3; 2010, ch. 59, § 1; 2019, ch. 256, § 1.

Cross references. — For the federal Individuals with Disabilities Education Act, see Titles 20, 25, 29 and 42 U.S.C.

The 2019 amendment, effective June 14, 2019, revised the definitions of "children with disabilities" and "dyslexia" as used in the Public School Code; in Subsection C, after "Developmental Disabilities Act", added "and the federal Individuals with Disabilities Education Act"; and in Subsection E, after "means a", deleted "condition of neurological" and added "specific learning disability that is neurobiological in", and after "origin", added "and".

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".

The 2010 amendment, effective May 19, 2010, in Subsection D, in the first sentence, after "standards adopted by the", deleted "state board" and added "department"; and in the second sentence, after "school district", added "or charter school" and after "only provide state funds for", deleted "department of education approved" and added "department-approved"; and added Subsections E, F and G.

The 1995 amendment, effective June 16, 1995, substituted "children with disabilities" for "developmentally disabled" in Subsection C, deleted combined former Subsections D and E to form Subsection D, and inserted "school" preceding "district" and deleted "state" preceding "department of education" in the last sentence in Subsection D.

The 1994 amendment, effective July 1, 1994, deleted "Community Services" preceding "Act" in Subsection C; and rewrote and restructured Subsection D, which formerly contained an introductory paragraph and Paragraphs (1) to (3).