A. The "office of the state special education ombud" is created within the council.
B. The council shall appoint the "state special education ombud", who shall head the office and supervise the ombuds and other staff of the office. The state ombud may contract for services to assist the office in conducting its duties and may use the services of volunteers.
C. The state ombud shall:
(1) identify, investigate and resolve concerns pertaining to special education services that are filed with the office by parents;
(2) assist students and parents in protecting the educational rights of students, which may include assisting students and parents in individualized education plan meetings or other proceedings pursuant to the federal Individuals with Disabilities Education Act;
(3) inform students and parents about special education resources in their community;
(4) ensure that students and parents have regular and timely access to the services provided through the office and that students and parents receive timely responses from representatives of the office;
(5) identify any patterns of concerns that emerge regarding special education services and educational rights and recommend strategies for improvement to the public education department;
(6) collaborate with the public education department to ensure that all dispute resolution processes are available to students and parents, including the special education parent liaison, mediation, facilitated individualized education program meetings, state complaint and investigations and due process hearings;
(7) collaborate with the parent training information centers and protection and advocacy agencies within the state to identify and report systemic special education issues to the public education department;
(8) ensure that office staff, contractors and volunteers are trained in:
(a) federal, state and local laws, rules and policies with respect to special education in the state;
(b) investigative techniques;
(c) dispute resolution; and
(d) such other matters as the office deems appropriate;
(9) develop procedures for the certification of ombuds. An employee or contractor shall not investigate a concern filed with the office unless that person is certified by the office;
(10) analyze, comment on and monitor the development and implementation of federal and state laws, rules and other governmental policies and actions that pertain to the educational rights of students with respect to the adequacy of special education services in the state;
(11) recommend changes to laws, rules, policies and actions pertaining to the special educational rights of students as the office determines to be appropriate;
(12) facilitate public comment on proposed laws, rules, policies and actions; and
(13) provide information to public and private agencies, legislators and other persons regarding the problems and concerns of special education services and make recommendations related to those problems and concerns.
History: Laws 2021, ch. 53, § 3.
Cross references. — For the Individuals with Disabilities Education Act, see 20 USCS § 1400 et seq.
Effective dates. — Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
Structure New Mexico Statutes
Article 16C - Special Education Ombud
Section 28-16C-1 - Short title.
Section 28-16C-2 - Definitions.
Section 28-16C-4 - Annual report; contents.
Section 28-16C-5 - Investigation and resolution of special education concerns.
Section 28-16C-6 - Access to student educational records.
Section 28-16C-7 - Confidentiality of information.
Section 28-16C-8 - Conflict of interest.
Section 28-16C-9 - Posting and distribution of ombud information.
Section 28-16C-10 - Availability of legal counsel to the office.