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SE1 Administrative Procedure for Special Education

The Superintendent shall promulgate administrative procedures for providing special education services to APS students, set forth in a set of written instructions called the “Manual of Special Education Administrative Procedures” (the “Manual”), and such administrative procedures shall comply with the Individuals with Disabilities Education Act, 20 U.S.C. Section 1400, et seq., the New Mexico statute governing Special Education, NMSA 1978, 22-13-5, and the federal and state regulations implementing those respective laws. The Manual shall be made available online to the public, and, at a minimum, shall provide district staff with detailed guidance on the following subjects:

  • instruction on rights of parents/guardians under the laws that govern special education;
  • instruction on the roles and duties of APS staff with responsibility for delivering special education;
  • procedures to ensure parents and legal guardians are provided with notices of procedural safeguards in all appropriate circumstances, and such notices shall be provided in the native language of the parent unless not feasible to do so;
  • procedures to ensure parents/guardians are provided with copies of all appropriate documentation pertaining to special education;
  • procedures for amendment of education records by parents/guardians and/or district;
  • instruction on confidentiality of information; 
  • procedures designed to identify, locate and evaluate all children within the educational jurisdiction of APS who have disabilities and/or who are gifted and, by reason thereof, are in need of special education and related services;
  • procedures to identify, locate and evaluate children within the educational jurisdiction of APS who are legally entitled to special education from APS even when such children are enrolled in private schools or facilities (residential treatment centers, day treatment centers, hospitals, mental health institutions), children who are schooled at home, and children who are highly mobile and/or developmentally delayed;
  • procedures for developing and conducting evaluations and reevaluations that incorporate the general and specific legal requirements outlined at the federal and state levels;
  • instruction on selecting, providing and administering diagnostic tools in a manner free from discrimination and bias;
  • instruction and procedures to develop and implement appropriate Individualized Education Programs (IEP) for students in need of special education and related services;
  • instruction on the proper membership of IEP Teams (and excusal of members);
  • meaningful involvement and participation of IEP Team members including parents/guardians and others;
  • instruction on educating students with disabilities in their least restrictive environment;
  • instruction and procedures on use of independent educational evaluations;
  • instruction and procedures regarding disciplining students with disabilities;
  • instruction and procedures on transition planning for students for preschoolers as well as other matriculating students;
  • instruction and procedures for graduation requirements, graduation planning and post-secondary transition; and
  • instruction on definitions relevant to federal and state special education laws.

The Manual shall generally be exempt from APS Board of Education formatting requirements for procedural directives, but the Manual shall identify relevant legal references, the person(s) responsible for implementing duties described therein, and the review and revision dates for respective subjects.

The Superintendent shall ensure that the APS Special Education Department has sufficient co-supervisory authority over school-based staff such that APS Special Education may require compliance with district, state and federal directives, regulations and laws governing special education.

Administrative Position:                

  • Associate Superintendent for Special Education      

Department Director:                    

  • Executive Director(s) of Special Education

References:

Legal Cross Ref.:                        

  • Individuals with Disabilities Education Act, 20 U.S.C. § 1400, et seq., the New Mexico statute on Special Education, NMSA 1978, Sections 22-13-5 and 22-13-6, 34 C.F.R. Part 300, NMAC 6.31.2           

Board Policy Cross Ref.:                   

Procedural Directive Cross Ref.:     

  • Manual of Special Education Administrative Procedures

Forms:                                               

  • APS Procedural Safeguards
  • Procedural Safeguards (New Mexico Public Education Department)           

NSBA/NEPN Classification:       IHBA            

Introduced: April 10, 2019
Adopted: April 18, 2019
Reviewed: December 1, 2021
Revised: December 10, 2021
Reviewed:  February 6, 2023
Revised: February 15, 2023

 

 

 

 

This page was last updated on: April 18, 2019.