SB147 creates the “Exclusionary Practices Act” and limits the use of expulsion and suspension in early childhood settings. The bill applies to community- or school-based pre-kindergarten, early pre-kindergarten programs, and licensed child care facilities serving children from six weeks through age five. Under the bill, an enrolling entity may not expel a child for behavior or disciplinary reasons, and may not use in-school or out-of-school suspension for those reasons unless the child willfully caused or attempted to cause bodily injury or threatened serious bodily injury to another person, except in self-defense. Any out-of-school suspension under that exception may not exceed three school days for an individual incident.
The bill also defines and regulates “soft expulsion,” which it treats as a form of exclusionary practice when a program becomes effectively unworkable for a family and leaves the parent with little choice but to withdraw the child. It clarifies that jointly agreed transitions to a different setting are not suspensions or expulsions if the provider did not pressure the family to leave, and it preserves a parent’s right to voluntarily withdraw a child. The bill further requires reporting of disenrollments, expulsions, and suspensions to the Early Childhood Education and Care Department, and directs that department to adopt rules to implement the act. The effective date is July 1, 2025.
Impact
SB147 would amend the New Mexico Children's Code by adding a new statutory framework governing discipline and exclusion in early childhood education and child care settings. It restricts when providers may remove young children from programs, creates a narrow safety-based exception for serious bodily injury threats or attempts, and requires reporting to the Early Childhood Education and Care Department. The bill also gives that department rulemaking authority to administer and enforce the new requirements, affecting licensed child care facilities and pre-K providers statewide.
Sentiment
No committee transcripts or recorded votes are provided, so there is no direct evidence of debate or formal support/opposition in the available record. Based on the bill text alone, the measure appears oriented toward child welfare and reducing exclusionary discipline in early learning settings, suggesting a protective and reform-minded policy approach. The absence of recorded opposition or amendments in the provided materials means the overall sentiment cannot be assessed beyond the bill’s stated purpose.
Contention
The main policy tension in SB147 is between limiting exclusionary discipline for very young children and preserving provider authority to address serious safety concerns. The bill’s exception for willful bodily injury or threats of serious bodily injury is likely the central safeguard for providers, while advocates for children and families may favor the broader prohibition on expulsions, suspensions, and “soft expulsions.” Another possible point of contention is how the department will define and enforce reporting, transitions, and the boundary between a voluntary withdrawal and a de facto expulsion.