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F I S C A L I M P A C T R E P O R T

SPONSOR Nava

DATE TYPED 1/24/05

HB

SHORT TITLE Autistic Student School Personnel Development

SB 124

ANALYST Hanika-Ortiz

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$200.0

Recurring General Fund

SOURCES OF INFORMATION

LFC Files

Responses Received From

No response from the Public Education Department (PED)

SUMMARY

Synopsis of Bill

SB 124 appropriates $200 thousand from the general fund to the public education department for

the purpose of professional development for school personnel working with students with Au-

tism Spectrum Disorder (ASD).

Significant Issues

According to the New Mexico Autism Society, ASD is a neurological disorder that interferes

with normal development of reasoning, communication, and social interactions/skills. It is a life-

long developmental disability that makes learning difficult. It usually appears within the first

three years of life, sometimes after a period of typical development. It occurs four times more

often in males than females. ASD has been found throughout the world in all ethnic, racial and

socioeconomic groups. The occurrence rate is estimated to be up to one in 167. The critical age

for intervention to maximize success later on in school is from three to five.

Children older than 3 years usually have school-based, individualized, special education in early

developmental preschools. The child may be in a segregated class with other autistic children or

Senate Bill 124 -- Page 2

if at all possible, in an integrated class with children without disabilities for at least part of the

day. Different localities may use differing methods but all should provide a structure that will

help the children learn social skills and functional communication. In these programs, teachers

often involve the parents, giving useful advice in how to help their child use the skills or behav-

iors learned at school when they are at home.

In elementary school, the child should receive help in any skill area that is delayed and, at the

same time, be encouraged to grow in his or her areas of strength. Ideally, the curriculum should

be adapted to the individual child's needs. Many schools today have an inclusion program in

which the child is in a regular classroom for most of the day, with special instruction for a part of

the day. This instruction should include such skills as learning how to act in social situations and

in making friends. Although higher-functioning children may be able to handle academic work,

they too need help to organize tasks and avoid distractions.

PERFORMANCE IMPLICATIONS

SB 124 supports the PED mission statement “To create and maintain a customer-focused organi-

zation that provides leadership, technical assistance, and quality insurance to improve perform-

ance for all students and close the achievement gap”. LFC’s 2005-2006 recommendation for the

PED is to concentrate on “…(3) closing the achievement gap”. However, the LFC recommends

that this be accomplished with available resources and might require the redirection of resources

and prioritizing of programs.

FISCAL IMPLICATIONS

The appropriation of $200 thousand contained in this bill is a recurring expense to the general

fund. Any unexpended or unencumbered balance remaining at the end of FY06 shall revert to the

general fund.

ADMINISTRATIVE IMPLICATIONS

The PED would need to research evidence-based best practice teaching techniques for children

with ASD and incorporate them into their existing continuing education plan for staff.

TECHNICAL ISSUES

SB 124 makes a request on behalf of students with ASD. Under Section 1 APPROPRIATION,

line 19 states “…developmentally delayed…” while line 21 and 22 refer to “…with autism spec-

trum disorder.” Developmental delay can have many different causes, such as genetic defects

(like Down syndrome), or complications of pregnancy and birth (like prematurity or infections).

While children with ASD usually have developmental delays, children with developmental de-

lays do not necessarily have ASD.

OTHER SUBSTANTIVE ISSUES

The Individuals with Disabilities Education Act 1997 (IDEA '97), requires that teachers and edu-

cation support staff, including paraeducators, receive appropriate training. One of the major

changes under the new law is that paraeducators are now recognized as staff members who pro-

vide services to children with disabilities. Paraeducators often function as the teacher’s right

Senate Bill 124 -- Page 3

hand in the classroom. In many instances, paraeducators end up being primarily responsible for

administering services to students with special needs, while the classroom teachers and special

education teachers directly supervise and monitor the program.

ALTERNATIVES

There are a few federally funded resources to help facilitate New Mexico school districts in pro-

viding professional development for staff in meeting the educational needs of children with

ASD. One example is the Professional Development in Autism Center funded by the US De-

partment of Education to provide training opportunity and support for school districts to ensure

students with Autism Spectrum Disorder have access to high quality, evidence-based education

services in his or her local school district through six university sites located around the country.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

IDEA '97, is sometimes referred to as both a civil rights law and an education law because it has

created enforceable rights to a free and appropriate public education for students with disabili-

ties. The intent of SB 124 supports the NM PED in its desire to provide an appropriate education

for children with disabilities.

POSSIBLE QUESTIONS

Is the number of children identified and served by the PED in line with the national averages.

AHO/lg