New Mexico Register / Volume XXXIII,
Issue 22 / November 29, 2022
NOTICE OF PROPOSED RULEMAKING
Public
Hearing
The
New Mexico Public Education Department (PED) gives notice that it will conduct
a public hearing for the following proposed rulemaking on Tuesday, January 3,
2023, from 10 a.m. to 12 p.m. (MDT) in Mabry Hall, located in the Jerry Apodaca
Education Building, 300 Don Gaspar Ave., Santa Fe, New Mexico 87501:
·
Amendment to 6.31.2
NMAC, Children with Disabilities/Gifted Children
The
location of the public hearing is subject to change due to concerns surrounding
COVID-19. Continuous updates on hearing changes will be provided on the PED
website. The PED will give a verbal summary statement, on record, at the
hearing.
The
purpose of the public hearing is to receive public input on the proposed rulemaking.
Attendees who wish to provide public comment on record will be given three minutes
to make a statement concerning the proposed rulemaking. Written comment will
also be accepted at the hearing.
Explanation
of Purpose of Proposed Rulemaking
The
purpose of the proposed rulemaking is to provide more definite timelines and
requirements for public educational agencies throughout the identification,
initial evaluation, and reevaluation procedures for children with disabilities
from the use of the multi-layered system of supports (MLSS) and initial
evaluation to the eligibility determination and initial individualized
education program (IEP) meetings. Additionally, the rule was amended to
explicitly include current Individuals with Disabilities Education Improvement
Act (IDEA) requirements; address requirements when a student receives a regular
high school diploma or exceeds the age of eligibility for special education
services; and preclude the use of the severe discrepancy model as a method of
evaluating for specific learning disabilities. The subsection regarding initial
evaluations and reevaluations was also reorganized and amended to better
clarify the requirements for evaluation and reevaluation.
Summary
of Text
The proposed amendment to 6.31.2 NMAC, Children with Disabilities/Gifted
Children, primarily amends
section 6.31.2.10, Identification, Evaluation, and Eligibility Determination
by:
1. providing that the
parent requests for evaluations and the evaluation process can commence while
MLSS interventions are provided to a student;
2.
providing public agency requirements when a student receives a regular
high school diploma or exceeds the age of eligibility;
3.
explicitly requiring that written informed consent be obtained before
conducting an initial evaluation or reevaluation;
4.
explicitly permitting public agencies to utilize the consent override
provisions when a parent does not provide consent to evaluate a student;
5.
providing requirements of the public agency when it receives a parent
request for evaluation, including a 15 school-day prior written notice deadline
with considerations for school breaks;
6.
providing requirements of the public agency when it receives a referral
for evaluation without a parent request including a 15 school-day deadline
after the referral to request parent consent to evaluate with consideration for
school breaks;
7.
explicitly permitting parents to utilize mediation, state complaint, and
due process hearing procedures to challenge the public agencies’ response or
lack of response to a request to evaluate;
8.
requiring that the evaluation and written evaluation report be completed
within 60 days of parental consent to evaluate;
9.
providing additional and clarified requirements for evaluation and
reevaluation procedures including that the parent be provided the written
evaluation or reevaluation reports at least two calendar days before the
eligibility determination team meeting;
10.
adding explicit requirements regarding requests for independent education
evaluations already included in the IDEA regulations;
11.
providing 15 school-day deadlines for the eligibility determination team
meeting with considerations for school breaks;
12.
precluding the use of the severe discrepancy model as a method of
evaluating for specific learning disabilities;
13. requiring that public
agencies use the dual discrepancy model to identify specific learning
disabilities for students in kindergarten through grade 12.
The proposed rule changes also significantly
reorganize current provisions of 6.31.2.10 to improve construction and
readability and include minor technical changes throughout the rule.
Statutory
Authorizations by Proposed Rule
Sections
22-2-1, 22-2-2, 22-13-5 and 22-13-6.1 NMSA 1978.
No
technical information served as a basis for this proposed rule change.
Public
Comment
Interested
parties may provide comment at the public hearing or may submit written
comments by mail, e-mail, or fax.
Mailing
Address
Policy
and Legislative Affairs Division
New
Mexico Public Education Department
300
Don Gaspar Avenue, Room 121
Santa Fe, New Mexico 87501
E-Mail Address
Rule.Feedback@ped.nm.gov
Fax
Number
(505)
827-6520
Written
comments must be received no later than 5 p.m. (MDT) on Tuesday, January 3,
2023. The PED encourages the early submission of written comments.
Public
Comment Period
The
public comment period is from Tuesday, November 29, 2022, to Tuesday, January
3, 2023, at 5:00 p.m. (MDT). The PED will review all feedback received during the public
comment period and issue communication regarding a final decision of the
proposed rulemaking at a later date.
Copies of the proposed rules may be obtained
from Gregory Frostad at (505) 470-5752 during regular business hours or may be
accessed through the PED Police and Legislative Affairs webpage titled, “Proposed
Rules,” at http://webnew.ped.state.nm.us/bureaus/policy-innovation-measurement/rule-notification/,
Individuals with disabilities who require the
above information in an alternative format or need any form of auxiliary aid to
attend or participate in the public hearing are asked to contact Gregory
Frostad at (505) 470-5752 as soon as possible before the date set for the
public hearing. The PED requires at least 10 calendar days advance notice to
provide any special accommodations requested.