2019 New Mexico Statutes
Chapter 22 - Public Schools
Article 13 - Courses of Instruction and School Programs
Section 22-13-32 - Intervention for students displaying characteristics of dyslexia.

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 or be referred to a student assistance team.

C. In accordance with department response to intervention procedures, guidelines and policies, each school district or charter school 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.

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 or charter school's implementation of the interventions prescribed by the student assistance team. If the school district or charter school 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 or charter school refuses the parent's request for an initial evaluation, the school district or charter school shall provide written notice of the refusal to the parent, including notice of the parent's right to challenge the school district's or charter school'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 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. 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 and charter schools shall train school administrators and teachers who teach reading to implement appropriate evidence-based reading interventions. School districts and charter schools 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.

History: Laws 2010, ch. 59, § 2; 2019, ch. 256, § 2.

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".