West · NM

New Mexico special education IEP compliance and timelines

Governing regulations: 6.31.2 NMAC (Children with Disabilities/Gifted Children). State education agency: New Mexico Public Education Department.

Initial evaluation: The initial evaluation and written evaluation report must be completed within 60 calendar days of the public agency receiving the parent-signed consent form.
Initial IEP meeting: A meeting to develop the IEP must be held within 30 calendar days of the eligibility determination. (6.31.2.11 NMAC; 34 CFR § 300.323(c)(1))
Annual review: At least once every 365 days (34 CFR § 300.324(b)(1); 6.31.2.11 NMAC).
Reevaluation: At least every 3 years, and not more than once a year unless the parent and agency agree (34 CFR § 300.303; 6.31.2.10 NMAC).
Transition planning: Must be in effect by age 14, earlier than the federal age of 16.
Academic standards: New Mexico Content Standards
IEP forms & systems: No single mandated statewide IEP system. Districts and state-chartered charter schools use their own IEP platforms aligned to PED guidance.

Where New Mexico differs from the federal baseline

The 60-day timeline includes the written evaluation report, not only the testing (6.31.2.10 NMAC).
Gifted students are served under the same 6.31.2 NMAC framework and receive IEPs, unlike most states.
Referral generally runs through the Student Assistance Team within New Mexico's multi-layered system of supports before an evaluation, though a parent may request an evaluation at any time.
Consent for an initial evaluation is not consent for the initial provision of services (6.31.2.13 NMAC).
Transition planning begins at age 14, or younger if the IEP team decides, earlier than the federal baseline.

01Signed consent date recorded; evaluation due within 60 calendar days.
02Eligibility determined and initial IEP meeting scheduled: A meeting to develop the IEP must be held within 30 calendar days of the eligibility determination.
03PLAAFP includes measurable baselines and a statement of how the disability affects involvement in the general curriculum (34 CFR § 300.320(a)(1)).
04Each annual goal is measurable, with condition, behavior, criterion and measurement method (§ 300.320(a)(2)).
05Progress reporting schedule stated for each goal (§ 300.320(a)(3)).
06Transition goals and services in effect by age 14 where applicable.
07Prior Written Notice issued for every proposal or refusal, with all seven § 300.503(b) elements.
08Annual review scheduled within 365 days; reevaluation within 3 years.

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