SENATE BILL 330
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Cynthia Nava
AN ACT
RELATING TO THE FAMILY, INFANT, TODDLER PROGRAM; ELIMINATING THE OPTION OF HAVING A CHILD ENROLLED IN THE PROGRAM DURING THE CHILD'S THIRD YEAR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-13-5 NMSA 1978 (being Laws 1972, Chapter 95, Section 1, as amended) is amended to read:
"22-13-5. SPECIAL EDUCATION.--School districts shall provide special education and related services appropriate to meet the needs of [all children] students requiring special education and related services. [Regulations] Rules and standards shall be developed and established by the [state board] department for the provision of special education in the schools and classes of the public school system in the state and in all institutions wholly or partly supported by the state. The [state board] department shall monitor and enforce the [regulations] rules and standards. School districts shall also provide services for three-year-old and four-year-old preschool children with disabilities, unless the parent or guardian chooses not to enroll [his] the child. [If a child receiving services in the department of health's family, infant, toddler program has his third birthday during the school year, the child's parents shall have the option of having the child complete the school year in the family, infant, toddler program or enrolling the child in the public school's preschool program.] A child with a disability who enrolls in the public school's preschool program and who has [his] the child's third birthday during a school year may receive special education and related services from the beginning of that school year. Services for students age three through twenty-one may include, but are not limited to, evaluating particular needs, providing learning experiences that develop cognitive and social skills, arranging for or providing related services as defined by the [state board] department and providing parent education. The services may be provided by [certified] licensed school [personnel] employees or contracted for with other community agencies and shall be provided in age-appropriate, integrated settings, including home, daycare centers, head start programs, schools or community-based settings."
SECTION 2. Section 28-18-1 NMSA 1978 (being Laws 1990, Chapter 4, Section 1, as amended) is amended to read:
"28-18-1. DEPARTMENT DESIGNATION--AUTHORIZATION--PAYMENT SYSTEM.--
A. The department of health is designated as the lead state agency for the development and administration of a statewide system of comprehensive, coordinated, multidisciplinary, interagency early intervention services for eligible children with or at risk of developmental delay and their families. The program shall be known as the "family, infant, toddler program".
B. The parent may choose whether [his] the parent's eligible child shall participate in the family, infant, toddler program.
[C. If a child enrolled in the family, infant, toddler program has his third birthday during the school year, the child's parent shall have the option of having the child complete the school year in the family, infant, toddler program or enrolling the child in the public school's preschool program. A child with a disability who enrolls in the public school's preschool program and has his third birthday during a school year may receive special education and related services from the beginning of that school year.
D.] C. The [state department of] public education department, the human services department, the children, youth and families department and other publicly funded services shall collaborate with the department of health and continue to provide all services within their respective statutory responsibilities to eligible children. State and local interagency agreements shall delineate responsibility for provisions of the family, infant, toddler program.
E. The department of health shall establish a payment system that shall maximize funds from appropriate federal, state, local and private sources to support the family, infant, toddler program.
F. The secretary of health shall meet the requirements of the Individuals with Disabilities Education Act, 20 U.S.C., Sections 1475(c) and 1476(a), contingent upon voluntary participation by the state, including:
(1) establishing policies and adopting [regulations] rules necessary to comply with those sections of that act;
(2) implementing procedures to ensure that services are provided to eligible children in a timely manner;
(3) making arrangements for the provisions of the family, infant, toddler program;
(4) carrying out the general administration, supervision and monitoring of the family, infant, toddler program;
(5) resolving complaints concerning the family, infant, toddler program;
(6) maintaining and expanding state and local coordination and interagency agreements pertaining to the family, infant, toddler program;
(7) identifying and coordinating all available resources for early intervention services for the family, infant, toddler program; and
(8) establishing requirements for qualified personnel involved in the family, infant, toddler program.
G. As used in this section:
(1) "early intervention services" means services that are designed to meet the developmental needs of eligible children, including physical development, communications development, adaptive development, social and emotional development or sensory development; and
(2) "eligible child" means infants and toddlers between the ages of birth and thirty-six months with developmental delay or who are at risk of delay according to
specific criteria established by the department of health."
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