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Frequently Asked Questions about the New Mexico Public Education Department

Special Education

  • Does New Mexico require parental consent prior to terminating special education and related services?

No. Parental written consent is only required for initial evaluation and initial placement. The termination of services should happen through the student’s Individualized Education Program (IEP) after the team reviews supporting documentation and information. As part of the Prior Written Notice, parents must be informed, with reasonable time, when a school district proposes to initiate or change identification, evaluation or educational placement of the child or the provision of Free and Appropriate Public Education (FAPE). Or when a school district refuses to initiate or change the identification, evaluation or educational placement of the child of the provision of FAPE.

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