01/30/2026
An opportunity to share your family perspective:
Families in New Mexico need your support for SB 105. Please contact the Governor today. Ask her to “send a message” for SB 105.
Call: (505) 476-2200
Email through link in Comments
A Family Perspective - The Problem:
🫣Many families affected by the issues in the current attendance law are too afraid to speak up and need your support.
*Why are they afraid?*
Because despite doing the right things - excused absences for illness and treatment of conditions, consistent communication with school, providing documentation, planning through IEP or Section 504 plan - the current law requires schools to send letters that warn of CYFD referral when a certain absenteeism threshold is reached (5% or more of days elapsed, or ~2 days in a quarter) - NM Stat § 22-12A-11, A., (1).
Families are perceiving that warning of CYFD referral related to their child as a threat. The intent of the absenteeism law is to understand the root causes of students’ absenteeism and support them and their families with matching resources, to reduce the absenteeism.
- Not to instill fear in families doing their best for students with complex conditions or chronic illness.
- Not cause parents to send kids to school sick and contagious to others.
- Not to drive families to homeschool.
- Not to break trust between families and schools.
- Not to increase stress for families already experiencing challenging situations.
This issue is happening because the Attendance for Success Act (NM Stat § 22-12A) has a tiered intervention framework, but is missing distinction for absences due to disabilities or medical reasons. There are already special considerations in the law for pregnant and parenting students, extracurricular activity participation, religious training and tribal obligations.
National research and policy guidance for absenteeism warn leaders and policymakers about this type of issue - of policies that punish or blame students with disabilities and their families for chronic absenteeism due to their conditions. Instead, it is advised that the appropriate way to address attendance for these students is through IEP or Section 504 plans to ensure the rights of students and their families are protected.
Attendance is very important. It’s incredibly important for students with disabilities. But, not all absences are optional or avoidable. When that is the case, families should be supported, not blamed.
SB 105 status as of 1/29/26 - Need Message From Governor
Bill link in Comments
