IEP Discipline Procedures in New Mexico
Can a school suspend or expel a student with an IEP in New Mexico?
New Mexico's discipline procedures for students with disabilities are governed by NMAC 6.31.2.11, 6.11.2 NMAC, and 34 CFR 300.530–300.537. Schools may remove a student with a disability for no more than 10 consecutive school days per incident for disciplinary violations; cumulative removals beyond 10 school days that constitute a pattern trigger the change-of-placement protections. Students removed for more than 10 cumulative school days must continue to receive FAPE in an alternative educational setting (6.31.2.11 NMAC; 34 CFR 300.530). For any removal exceeding 10 school days, the public agency must conduct a manifestation determination review (MDR) within 10 school days of the disciplinary decision to determine whether the conduct was caused by or had a direct and substantial relationship to the student's disability (34 CFR 300.530(e)). If the conduct is a manifestation of disability, the student must be returned to their placement unless parents and the LEA agree to a change; an FBA must be conducted and a BIP developed or reviewed (34 CFR 300.530(f)). If the conduct is not a manifestation, the student may be disciplined like nondisabled students, but FAPE must continue. New Mexico's NMAC 6.31.2.11 permits IEPs to prescribe or prohibit specific disciplinary measures for an individual student, and school administrators must follow these IEP provisions — except that an IEP team may not prohibit initiation of long-term suspension or expulsion proceedings. For weapons, drugs, or serious bodily injury cases, students may be removed to an Interim Alternative Educational Setting (IAES) for up to 45 school days regardless of manifestation determination (34 CFR 300.530(g)).
What New Mexico Requires
Removals beyond 10 cumulative school days constitute a change of placement triggering FAPE continuation and manifestation determination requirements (6.31.2.11 NMAC; 34 CFR 300.530).
A manifestation determination review (MDR) must be conducted within 10 school days of any decision to remove a student with a disability for more than 10 school days (34 CFR 300.530(e)).
If conduct is a manifestation of disability, the student must return to placement; an FBA must be done and BIP developed or revised (34 CFR 300.530(f)).
IEPs may prescribe or prohibit specific disciplinary measures; school administrators must adhere to IEP discipline provisions, except they may not be barred from initiating long-term suspension or expulsion proceedings (6.31.2.11 NMAC).
For weapons, drugs, or serious bodily injury, students may be placed in an IAES for up to 45 school days regardless of manifestation determination (34 CFR 300.530(g)).
FAPE must be provided in the IAES during any removal to ensure the student continues to progress toward IEP goals (34 CFR 300.530(d)).
Key Timelines
MDR must occur within 10 school days of the disciplinary decision triggering the review (34 CFR 300.530(e)).
An FBA must be initiated within 10 school days of a disciplinary change of placement if one has not been conducted (34 CFR 300.530(d)(1)).
IAES placement for weapons, drugs, or serious bodily injury may last up to 45 school days (34 CFR 300.530(g)).