HOUSE BILL 23

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Roberto "Bobby" J. Gonzales

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

AN ACT

RELATING TO SPECIAL EDUCATION; DEFINING TERMS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 22-13-6 NMSA 1978 (being Laws 1972, Chapter 95, Section 2, as amended) is amended to read:

     "22-13-6. SPECIAL EDUCATION--DEFINITIONS.--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; [and]

          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 [state board] department pursuant to that section. Nothing in this section shall preclude a school district from offering additional gifted programs for students who fail to meet the eligibility criteria; however, the state shall only provide state funds for [department of education approved] department-approved gifted programs for those students who meet the established criteria;

          E. "related services" means the developmental, corrective and other supportive services that are required to assist a child with a disability to benefit from special education. Related services include:

                (1) speech-language pathology and audiology services;

                (2) interpreting services;

                (3) psychological services;

                (4) physical and occupational therapy;

                (5) recreation, including therapeutic recreation;

                (6) early identification and assessment of disabilities in children;

                (7) counseling services, including rehabilitation counseling;

                (8) orientation and mobility services;

                (9) medical services for diagnostic or evaluation purposes;

                (10) school health services and school nurse services;

                (11) social work services in schools; and

                (12) parent counseling and training; and

          F. "related service provider" means a person who is employed to assist children with disabilities to benefit from special education, including:

                (1) diagnostician;

                (2) social worker;

                (3) speech-language pathologist and speech-language apprentice;

                (4) physical therapist and physical therapy assistant;

                (5) occupational therapist and certified occupational therapy assistant;

                (6) audiologist;

                (7) interpreter for the deaf;

                (8) orientation and mobility trainer;

                (9) school psychologist;

                (10) therapeutic recreation specialist;

                (11) rehabilitation counselor; and

                (12) special education medical or nursing services provider."

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