From AAGTS

Dear Representative [name withheld],

We would like to make a few points regarding the information that you have sent out today about HB 241 and gifted education.

While we understand that you feel this bill offers more money for all programs in schools, you are incorrect about what the current statutes offer gifted students in the state of New Mexico. First of all, you are correct that the current statute does not make a connection between gifted children and students who qualify for services under federal law. The issue that you are missing is that it does not need to. Because students are currently included under the definition in our state, they are covered by the same regulations that apply to students who are identified under IDEA. Therefore, once a child has been identified as a gifted student in the state of NM, the state MUST provide not just a "sufficient" education, but must provide an education that meets the needs of that individual gifted student. How those needs are met can be done in a myriad of ways; it just needs to meet the needs of that child as outlined in the IEP which is required because they are included in the rules and regulations that are applied to the other special education students in the state.

The other issue for all parents of gifted students is that once a child is identified as a gifted student under the current statutes, the right to have your child's needs met is protected by law. All of this protection goes away once this bill removes gifted from Special Education.

We are fully aware that under this new bill, districts could fund programs, they could choose to continue IEP's etc. etc. The issue is that there is absolutely nothing guaranteeing that they will and more importantly there will be no legal recourse for children who are not being serviced appropriately.

It is not surprising to us that "every single principal" in the El Dorado cluster told you that the new funding formula would give each school more money. It is designed to do that. It is also designed to give these very principals the right to decide how to best use the funds. In the process, a guaranteed education that will meet the needs of gifted will be lost.

Please consider amending this flawed piece of legislation to leave the gifted under the umbrella of special education in the state of New Mexico.