IEP Related Services in New Mexico
What related services can be included in an IEP in New Mexico?
Related services in New Mexico are developmental, corrective, and supportive services required to help a child with a disability benefit from special education, as defined in 34 CFR 300.34 and incorporated by NMAC 6.31.2. Common related services include speech-language pathology, occupational therapy, physical therapy, counseling, school health services, transportation, and orientation and mobility. New Mexico has a unique rule governing when speech-language pathology services constitute special education versus related services: to qualify as special education (requiring a full IEP), speech-language services must be provided after appropriate Tier I universal screening, the IEP team must find a communication disorder adversely affecting educational performance, and the service must consist of specially designed instruction enabling general curriculum access (6.31.2.11 NMAC). The IEP must specify each related service by type, frequency, location, duration, and projected start date (34 CFR 300.320(a)(4)). New Mexico participates in the Medicaid School-Based Services (MSBS) program, which allows LEAs to bill Medicaid for eligible related services provided through an IEP or IFSP — however, agencies may not require parental enrollment in Medicaid or Medicaid insurance as a condition of FAPE, may not create out-of-pocket costs for families, and may not reduce lifetime coverage or risk loss of benefits (6.31.2.9 NMAC; 34 CFR 300.154). All related services must be provided at no cost to the family. Transportation is an included related service when necessary for the student to benefit from special education (34 CFR 300.34).
What New Mexico Requires
Related services must be specified in the IEP with type, frequency, location, duration, and projected start date (6.31.2.11 NMAC; 34 CFR 300.320(a)(4)).
Speech-language pathology is special education (not just a related service) when provided after Tier I screening, addresses a communication disorder affecting educational performance, and constitutes specially designed instruction (6.31.2.11 NMAC).
New Mexico LEAs may bill Medicaid for eligible IEP-based related services through the MSBS program but cannot require parental Medicaid enrollment as a condition of FAPE (6.31.2.9 NMAC; 34 CFR 300.154).
All related services must be provided at no cost to the family as part of FAPE (34 CFR 300.17).
Transportation must be provided as a related service when necessary for the student to benefit from their IEP (34 CFR 300.34(c)(16)).
Key Timelines
Related services must begin on the projected start date listed in the IEP and be in effect at the start of each school year (34 CFR 300.323(a)).
Related services must be reviewed at least annually and revised as needed (6.31.2.11 NMAC; 34 CFR 300.324(b)).