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§ 28-16C-11 NMSA 1978

Interference with the office and retaliation prohibited; potential actions for noncompliance

Known as the Special Education Ombud Act

The act spans §§ 28–28 (11 sections).

Laws 2021, ch. 53, § 11.

A. A person shall not willfully interfere with the lawful actions of the office.

B. A person shall not institute discriminatory, disciplinary or retaliatory action against any student or parent for filing a concern with, providing information to or otherwise cooperating with the office.

C. If public school personnel or a contractor or volunteer of a school district or charter school fails to comply with the provisions of the Special Education Ombud Act:

(1) the council shall report the noncompliance to the public education department;

(2) the office shall collaborate with the public education department to access processes and resources to address special education services concerns; and

(3) the office shall collaborate with the public education department to identify further appropriate actions to be taken in response to the report, which may include a corrective action plan or any other administrative action that the public education department is authorized to take to ensure that students receive the free and appropriate public education required by the Individuals with Disabilities Education Act and state law. The office shall provide a letter to the concerned person explaining the actions the public education department will take.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.