New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 2 - CHILDREN WITH DISABILITIES/GIFTED CHILDREN › Section 6.31.2.13 - ADDITIONAL RIGHTS OF PARENTS, STUDENTS, AND PUBLIC AGENCIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. General
				responsibilities of public agencies. Each public agency shall establish,
				implement, and maintain procedural safeguards that meet the requirements of
				34 CFR Secs.
				300.500 through
				300.536, and all other applicable
				requirements of these or other department rules and standards.
B. Examination of records. Each public agency
				shall afford the parents of a child with a disability an opportunity to inspect
				and review all education records related to the child in compliance with
				34 CFR Secs.
				300.501(a),
				300.613 through
				300.620,
				34 CFR Part 99, and any other
				applicable requirements of these or other department rules and
				standards.
C. Parent and student
				participation in meetings. Each public agency shall afford the parents of a
				child with a disability and, as appropriate, the child, an opportunity to
				participate in meetings with respect to the identification, evaluation, and
				educational placement or the provision of FAPE to the child, in compliance with
				34 CFR Secs.
				300.322,
				300.501(b),
				300.501(c), and
				any other applicable requirements of these or other department rules and
				standards.
D. Notice requirements.
(1) Notice of meetings. Each public agency
				shall provide the parents of a child with a disability with advance written
				notice that complies with 34
				CFR Sec. 300.322 for IEP meetings and any
				other meetings in which the parent has a right to participate pursuant to
				34 CFR Sec.
				300.501.
(2) Notice of agency actions proposed or
				refused. A public agency shall give written notice that meets the requirements
				of 34 CFR Sec.
				300.503 to the parents of a child with a
				disability a reasonable time before the agency proposes or refuses to initiate
				or change the identification, evaluation, or educational placement of the child
				or the provision of FAPE to the child. If the notice relates to a proposed
				action that also requires parental consent under
				34 CFR Sec.
				300.300, the public agency may give notice at
				the same time it requests parental consent.
(3) Notice of procedural safeguards. A copy
				of the procedural safeguards available to the parents of a child with a
				disability shall be given to the parents, only one time a school year, except
				that a copy shall be given to the parents:
(a) upon initial referral for
				evaluation;
(b) upon receipt of the
				first state complaint under 34 CFR Secs. 300.151 through
				300.153;
(c) upon receipt of the first due process
				complaint under 34 CFR Sec.
				300.507 of the school year;
(d) in accordance with the discipline
				procedures in 34 CFR Sec.
				300.530(h); and
(e) upon request of the parents. The notice
				shall meet all requirements of
				34 CFR Sec.
				300.504, including the requirement to inform
				the parents of their obligation under
				34 CFR Sec.
				300.148 to notify the public agency if they
				intend to enroll the child in a private school or facility and seek
				reimbursement from the public agency. A public agency may place a current copy
				of the procedural safeguards notice on its internet website if a website
				exists.