What happens with a complaint?
Allegations of violations of the federal and state special education laws will be investigated by the NMSDE within 60 days, unless an extension is given by the State Superintendent of Public Instruction. If you want the NMSDE to investigate your concerns, your complaint must:
* be in writing and signed by you or your representative;
* describe the concern and your right(s) under the law or the procedure(s) that you think the school has violated; and
* describe the facts about the complaint. 
You may also give documentation and information orally or in writing to explain your complaint.  Complaints can be about the school district or the NMSDE.  The NMSDE will develop a written report for you and the school district within the time line.  The NMSDE may require the school district to correct its actions if procedural violations are found.

You or the school district can request a hearing.  You can request a hearing if you disagree with the school district’s identification, evaluation, program, educational placement or the provision of free appropriate public education under the IDEA.

How do you request a hearing?
You or the person representing your child must request a hearing in writing to both the school district and NMSDE.  The request must include:
* the name, residence, and school of your child;
* a description of the problem, including facts about the problem;
* a proposed solution for the problem as you might know or have at the time
* your name, address and telephone number and the child’s advocate or attorney, if you have one and a written statement that states that they can represent your child;
* your signature or your representative’s signature and date of signature

What should you know about hearings?
The school district will pay for the costs of the hearing.  Your hearing will be held with 45 days once the request is received.  The hearing officer will set a time and place for the hearing which is agreeable to the parties.  The party requesting the hearing may withdraw the request any time by contacting the hearing officer and the other party.  The hearing decision will state findings of fact and conclusions of law and is final and binding, unless a party requests an appeal.  You can choose to have your child present at the hearing and have it open to the public.  You can be advised by legal counsel or other individuals, present evidence, and have witnesses.  You can also request a written or electronic word-for-word record of the hearing at no cost.
 
 

Due Process Hearings and Appeals

When can you request an Expedited Hearing?
An expedited hearing is one that is held within 10 days of receipt of the request when you disagree with the decisions of a manifestation determination team meeting or a decision about the interim alternative educational setting (IAES) or placement.

What happens to your child during the hearing?
Your child’s educational placement will not be changed during a hearing unless the school and you agree.  If your hearing involves initial admission to public school, then your child will be placed in the public school program until the hearing is completed.

What if you disagree with the hearing decision?
You can ask the NMSDE for an appeal, but your request must be made within 30 calendar days after receiving the hearing officer’s decision.  You will not be responsible for the costs of an appeal.

For questions, call: 
Eldorado Cluster:   Catherine Snyder, Ph.D.    884-6396 Ext. 80458
LaCueva Cluster:    Angela Rodriguez            884-9742 Ext. 80448