New Mexico Register / Volume XXIX,
Issue 17 / September 11, 2018
Explanatory
paragraph: This is a short-form amendment to Subsection
H of 6.31.2.13 NMAC, effective 9/11/2018. Subsections A - G were not published as there
were no changes. Subsection H,
Paragraphs 2 - 8 and Subsections I - M were not published as there were no
changes.
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H. State complaint procedures.
(1) Scope
and dissemination.
(a) This
Subsection H of 6.31.2.13 NMAC prescribes procedures to be used in filing and
processing complaints alleging the failure of the department or a public agency
to comply with state or federal laws or regulations governing programs for
children with disabilities under the IDEA or with state statutes or regulations
governing educational services for gifted children.
(b) The
SEB shall disseminate information regarding state complaint procedures to
parents and other interested individuals and organizations, as identified by the
SEB, including parent centers, information centers, advocacy agencies [and
attorneys, private advocates], independent living centers, and other
appropriate entities throughout the state.
(i) The SEB shall place documents
regarding state complaint procedures in English and Spanish, including state
complaint forms, in an easily accessible location on the SEB website.
(ii) The
SEB shall, on a yearly basis, send an email to [all parent centers,
information centers, advocacy agencies and attorneys, private advocates,
independent living centers, and other appropriate entities throughout the state
as identified by the SEB,] the organizations and individuals identified
in Subparagraph (b) of Paragraph (1) of Subsection H of 6.31.2.13 NMAC [to
provide] providing information regarding state complaint procedures
and [to encourage] encouraging these organizations and
individuals to post a link to the SEB website on their website.
(iii) Upon
request by any individual or organization, the SEB shall provide the
information regarding state complaint procedures, as posted on the SEB’s
website, in print or electronic form.
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