Every student in the United States has the right to a free public education; children with disabilities are no exception. It can be challenging when your child is struggling in their academic environment, but just because a traditional educational environment isn't working for them doesn't mean you and your child must accept the situation as good enough. If your child has a disability, they aren't just entitled to a free public education; they are entitled to an educational environment where they can thrive, and that means access to accommodations and modifications in the classroom.
You may feel helpless and like your child's teachers and school aren't listening to your concerns or appropriately addressing your child's needs. Don't lose faith. The Lento Law Firm's Education Law Team can help you navigate the special education system in New Mexico. We won't let anything get in the way of your child's legal right to education that meets their needs. Our Team will ensure your child receives the resources they are entitled to under federal and New Mexico law. We would be happy to discuss your child's case and begin formulating a plan to get their special education needs met swiftly; call us today at (888) 535-3686 or contact us online to schedule a consultation.
What is Special Education?
Each of us probably has a different idea in our mind of what special education is; maybe in your head, you imagine a blind student needing materials in braille or a child with a learning disability like dyslexia. In reality, both of those scenarios and many more apply. The definition of special education is broad and will mean different things for each individual student. The dictionary definition of special education is "the education of children who differ socially, mentally, or physically from the average to such an extent that they require modifications of usual school practices." The sections below will provide more details on the behavior, cognitive, and physical impairments that allow children to qualify for special education programs.
Relevant Laws
Three predominant federal laws establish what special education services eligible students are entitled to in the United States. These laws are the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act of 1973 (Section 504). Additionally, New Mexico has its state laws addressing special education.
IDEA is the primary law regarding disability rights in K-12 education systems. Most students participating in special education programs qualify for special education services under this law. The main feature of IDEA is that it legally entitles all students with a qualifying disability to an Individualized Education Plan (IEP). The IEP is a written, legally binding document between you/your child and their school district. The IEP is a unique program designed by you and your child's school district that is tailored specifically to your child's needs. IEPs are currently the most commonly used plans for children with disabilities to employ to get their special education services. Your child's IEP will outline the modifications and accommodations your child will have, as well as set goals and schedule check-ins to reassess if the IEP meets your child's needs.
Section 504 is a precursor to IDEA. This law prohibits discrimination against individuals with disabilities attending schools that received federal financial assistance. Eligibility requirements for accommodations under Section 504 are a little less stringent. Section 504 has its own plan as an alternative to IDEA's IEP; this plan is called a Section 504 Plan. Unlike an IEP, Section 504 plans are less formal and do not need to be written. Despite the lack of a written requirement, if you decide a Section 504 plan is the best for your child, you should not skip drafting a written version. The last thing you want is a miscommunication, and a written document allows you to hold the school district accountable if they are not fulfilling their end of the plan.
The last federal law that affects students with disabilities accessing special education is the ADA. ADA doesn't just cover school-aged children, so being familiar with the law can be beneficial as your child transitions to adulthood. The ADA prohibits discrimination against people with disabilities in state and local government services. Schools fall under the umbrella of government services and are therefore required to abide by ADA requirements.
In addition to federal laws, New Mexico has its own laws and regulations. The Special Education Rule is the main rule surrounding special education in New Mexico. The objective of the state's special education rule is to “ensure that all children with disabilities have available a free appropriate public education which includes special education and related services to meet their unique needs, to ensure the rights of children with disabilities and their parents are protected; to assist public agencies to provide for the education of all children with disabilities, and to evaluate and ensure the effectiveness of efforts to education those children.”
Who is in Charge of Special Education in New Mexico?
The New Mexico Public Education Department has an office specifically dedicated to special education, the Special Education Division, sometimes called the Special Education Bureau. The Special Education Division is tasked with supporting school districts, parents, and students with disabilities to ensure the child receives a free, appropriate public education. Their goal is to develop and implement rules that will support students with disabilities to become career or college-ready through access to rigorous courses, high-quality instruction, and appropriate support.
While the Special Education Division plays a role, your individual New Mexico school district will ultimately be the one you work with to access and implement special education services for your child.
Who Qualifies for Special Education?
Under the New Mexico Public Education Department Special Education Rules, students aged three through 21 with disabilities that fall within one or more of the following disability categories are entitled to special education services:
- Autism
- Deafblindness
- Developmental delay (DD)
- Emotional disturbance (ED)
- Hearing impairment/deafness
- Intellectual disability (ID)
- Orthopedic impairment (OI)
- Specific learning disability (SLD)
- Speech-language impairment (SLI)
- Traumatic Brain Injury (TBI)
- Visual impairment (VI)
- Multiple disabilities (MD)
- Other health impairment (OHI)
New Mexico is unique because it isn't only students with disabilities who qualify for special education. New Mexico's special education rules apply to gifted students who show high intellectual ability paired with one or more exceptional skills in aptitude, achievement, creative or divergent thinking, or problem-solving/critical thinking skills. These gifted students will qualify for special education when their skills demonstrate a need for services to supplement and enhance their educational program.
What is the Process for Getting My Child Special Education Services?
While your child is entitled to special education services, unfortunately, it doesn't mean the process is quick and easy. Accessing special education services for your child is a complex, multistep process. While each school district might have slightly different processes and procedures, generally, the steps for getting your child special education services are a referral, conducting appropriate evaluations, determining eligibility, an IEP meeting, and a reevaluation meeting. The Lento Law Firm's Education Law Team is also happy to walk you through the process in greater detail.
Referral
Under IDEA, local New Mexico agencies must locate, identify, and place students in special education programs. One way this is done is through a procedure called Child Find; this program is particularly helpful for identifying students who are not yet in a school setting. Child Find locates, identifies, and refers students for special education services by holding activities in the community and engaging with a child's parent or guardian. Referrals can also be done through parents, teachers, or other school personnel. Students are referred to the Student Assistance Team in the Special Education Division. SAT will prescribe interventions to be considered, implemented, and documented; if these interventions are insufficient or unsuccessful, the child will be referred for evaluation.
Evaluation
There are numerous evaluations your child may be subject to in determining which special education services may be appropriate for them. Parents or guardians must consent to evaluations before any can be conducted. The evaluations your child completes will be tailored based on the suspected disabilities or disabilities. The person conducting the evaluations will vary, but they are conducted by specialists, including psychiatrists, psychologists, physicians, social workers, and teachers. There is no shortage of assessments, but some of them include:
- Psychological evaluations
- Educational evaluations
- Speech-language processing evaluations
- Behavior evaluations
- Fine motor skills evaluations
- Parent or guardian interviews
- Teacher interviews
The evaluations will be solely educationally focused on children qualifying for special education services based on high intellectual ability.
Eligibility Determination
When evaluations are completed, qualified professionals, including teachers and relevant specialists, and the parents (collectively called the IEP Team) will meet to discuss the evaluation. At this meeting, you and the rest of your IEP Team will determine if your child is eligible for special education services and which services are appropriate. If you do not agree with the rest of the IEP Team's assessment, you are entitled to request an Independent Educational Evaluation; the school system will be financially responsible for this. Do not let your school district try to convince you otherwise.
Developing and Implementing the IEP
If your child is eligible, you and the IEP Team will draft the IEP. It will detail the special education services your child will receive and set goals for your child's educational progress. The specifics of how your child's IEP will be implemented will also be included in the document. School staff should immediately begin implementation of the IEP when it is finalized.
Review and Revision of the IEP
The IEP Team will review the IEP annually to ensure your child meets their goals, objectives, and benchmarks. IEPs can be reviewed on a more frequent schedule than annually. If your child is not meeting their targets, revisions can be made to the IEP as needed.
Reevaluation
Students must be reevaluated at a minimum every three years. During this time, the IEP Team will determine if special education is still necessary and, if so, what services to continue, discontinue, or add.
New Mexico Resources for Students with Disabilities
Many organizations in New Mexico aid students with disabilities and their families. A few of these organizations are highlighted below.
ENGAGE New Mexico Student Support Program
ENGAGE New Mexico Student Support Program is a partnership between the New Mexico Public Education Department and the organization Graduation Alliance. The state funds the program, and it is entirely free to students. ENGAGE pairs K-12 students with an Academic Success Coach to walk them through academic and general life challenges.
Parents Reaching Out (PRO) Advocacy Program
Parents Reaching Out is an organization that connects children with disabilities and their families with community resources that provide support. They connect families with early childhood resources, educational resources, healthcare resources, and family leadership programs and workshops. Their assistance extends beyond their website; families can meet with a PRO family specialist for additional guidance.
Retain a Special Education Law Attorney to Help Your Child
Every child is unique and deserves an educational experience tailored to their needs. While regular educational programs can generally accommodate most students, when your child has special needs, you must ensure your school district is doing right by your child. Your child is entitled to the best public education possible, meaning an environment where they can thrive educationally, emotionally, and physically. Ensuring your child's needs are met can be hard, especially in large and often understaffed school systems, which is why you need the Lento Law Firm's Education Law Team on your side. We fight for your child to get every service they are entitled to. Contact us online or at (888) 535-3686 today to get started.
