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The Process Toward Change

Updated: Nov 6

What does it take for a law in New Mexico to be changed?

To start, it takes people to speak up and share their story about why change is needed!



Why Inclusive Attendance Laws Matter


Around the country, students with disabilities, including severe medical conditions, are missing school at higher rates than their peers. New Mexico's chronic absenteeism law is about getting to the root cause of individual student's absences and improving the support and resources to address those.


But, for students with severe medical conditions driving absence, the root causes are not generally optional, nor solvable under the current tiered intervention system.


For example:


  • A child who contracts a severe illness from school and is hospitalized will miss school for an extended period of time. Assuming the family is communicating with the school about the absences and providing documentation needed, they should be able to focus on their child's health and recovery.


-or-


  • A child with a chronic condition requires ongoing, weekly care from a specialized provider. That specialty provider can only be found in Albuquerque or outside New Mexico. Many families live far from Albuquerque, and because of a lack of capacity by providers, they cannot select their appointment times to neatly align with school schedules. So including travel time, a substantial amount of school time is missed. The family has planned ahead with the school through an IEP or Section 504 plan, and has accommodations for these expected absences, along with a plan to make up for learning loss. Documentation is provided from the care provider to the school and the learning loss plan is followed. The school should understand where the student is, why they are absent, and has been involved in developing a plan for the situation.


In these scenarios, the school cannot actually reduce the number of absences by notifying the family of their child's chronic absenteeism and warning of potential referral to CYFD. Nor by referring the child/family to CYFD. The medical conditions and their required treatment and care will persist.


Yet, under the current attendance law in New Mexico, families are experiencing the added and unnecessary stress of indiscriminate application of the tiered intervention framework. This should be changed.



New Mexico's Legislative Process


A good overview can be found from many advocacy organizations by web search.



Status of this issue

(as of 11/5/25)


  • WHAT'S HAPPENED UP TO NOW:

    • Some families and officials have contacted lawmakers to raise awareness of the issue and seek change



  • NEXT: (opportunity for family advocacy involvment)

    • IF LESC Endorses bill, THEN:

      • Lawmaker sponsors will be needed

        • Contact your legislators and ask them to be a sponsor

      • Governor will need to include issue in 2026 legislative session

      • Bill introduction

      • Committee assignments & hearings

        • Most committees have opportunity for public comment on bills

      • Floor debate & vote

      • Concurrence

      • Governor signature

      • Becomes law


    • IF LESC does not endorse bill, it makes the chances of ultimate success lower, at least for the 2026 session




 
 
 

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