N.M. Admin. Code § 6.31.3.14

Current through Register Vol. 35, No. 24, December 23, 2024

Section 6.31.3.14 - GIFTED DISPUTE RESOLUTION

A. To ensure the specific needs of each gifted student are met, LEAs shall:

(1) Provide a copy of dispute resolution processes to parents and legal guardians at least once a year and when the following occurs:

(a) the first time in a school year that an annual GIEP meeting is scheduled; or

(b) a parent or legal guardian makes a request for a copy of the dispute resolution processes;

(2) Provide explanations of a student's record upon request.

(3) Seek to establish and maintain productive working relationships with the parents of each child the LEA serves and to deal constructively with disagreements.

B. Informal dispute resolution. If disagreements arise between a parent and an LEA over a student's GIEP, either parents or the LEA may convene a new GIEP meeting at any time to attempt to resolve their differences at the local level without state-level intervention.

C. Alternative dispute resolution. Parents and LEAs may request that the department provide a facilitated GIEP meeting or mediation in order to resolve issues in the complaint filed with the department.

(1) Participation in alternative dispute resolution is voluntary, but participation in either mediation or a facilitated GIEP meeting is required prior to submitting a request for formal review pursuant to Subsection D of this section.

(2) The LEA and the parents or legal guardians shall notify the department in writing within five business days of reaching their decisions to jointly request one of these alternative dispute resolution options.

(3) A facilitated GIEP meeting or mediation session shall be completed not later than 30 days after the assignment of the facilitator or mediator by the department. The department may provide an extension of this deadline at the request of the parties.

(4) Mediation requirements. If the parties choose to use mediation, the following requirements apply:

(a) Any mediated agreement shall state that all discussions that occurred during the mediation process shall be confidential and may not be used as evidence in any hearings of civil proceedings. Any such agreement shall also be signed by both the parent and the representative of the LEA who has authority to bind the LEA.

(b) If a mediated agreement involves GIEP issues, the agreement shall state that the LEA will subsequently convene a GIEP meeting to inform the student's services providers of their responsibilities under that agreement and revise the GIEP accordingly.

(c) The mediator shall transmit a copy of the written mediation agreement to each party within seven days of the meeting at which the agreement was concluded.

(d) Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties in dispute.

D. Formal Review. If the parties are unable to resolve the issues through alternative dispute resolution, a written request for review by the department may be filed by the parent or legal guardian of the student. The department may conduct a review of the issues between the parties and the actions of the LEA related to the provision of gifted education.

(1) Requests for formal review by the department shall:

(a) be in writing;

(b) be submitted to the department;

(c) be signed by the parent or legal guardian of the child and have the requestor's contact information;

(d) include the name and the school the child is attending;

(e) include a statement that the LEA has violated a requirement of an applicable state law;

(f) contain a statement of facts on which the allegation of violation is based; and

(g) include a description of a proposed resolution of the problem to the extent known.

(2) Any request that does not contain each of these elements will be declined, and a written explanation for the decision to decline will be provided to the requestor.

(3) The department shall provide written notice to the parties of its decision to proceed with a review of the matter. If the department chooses not to proceed with a review it shall provide reasons for its decision not to proceed.

(4) Parties may continue to negotiate a resolution of the issues during the pendency of a review by the department. If the issues are satisfactorily resolved through continued negotiations between the parties, the requestor shall submit to the department in writing a formal withdrawal of the request for review.

(5) Review and suggested resolution. If the department decides to review the matter, it shall request all necessary records and information from the LEA and parent or guardian to complete its review. The department, after review of relevant information, shall issue written findings regarding the LEA's compliance with the state law and rules related to gifted education and provide a suggested resolution to address the identified non-compliance or to otherwise resolve the issues between the parties.

N.M. Admin. Code § 6.31.3.14

Adopted by New Mexico Register, Volume XXXIV, Issue 14, July 31, 2023, eff. 7/31/2023