IEP Timelines in New Mexico
What are the IEP timelines in New Mexico?
New Mexico imposes several specific procedural timelines that govern the special education process, some of which are more stringent or more precisely defined than the federal baseline. The most important NM-specific timeline is the 60-calendar-day evaluation completion deadline from written parental consent — this is tracked as Indicator 11 with a 100% compliance target enforced by NMPED (6.31.2.10 NMAC). Within that 60-day window, the LEA must respond to a parent's evaluation request within 15 school days (or 30 calendar days near extended breaks). After the evaluation report is completed, the eligibility determination meeting must be held within 15 school days, and parents must have the written report at least two calendar days before the meeting (6.31.2.10 NMAC). Following an eligibility determination, the initial IEP must be developed and services must begin within a reasonable time. The IEP must be reviewed at least annually. Transition planning must begin at age 14 (not the federal minimum of 16). Rights transfer to the student at age 18. FAPE eligibility continues through the end of the school year the student turns 22. For dispute resolution: state complaints must be resolved within 60 calendar days; due process resolutions sessions must occur within 15 days; due process hearings must conclude within 45 days of the resolution period; expedited hearings (discipline) within 20 school days. Restraint/seclusion: same-day parental notification; written documentation within two school days; team review within two weeks if two incidents occur within 30 days.
What New Mexico Requires
60 calendar days from parental consent to completed initial evaluation (Indicator 11; 6.31.2.10 NMAC).
15 school days from parent evaluation request to written LEA response (30 calendar days near extended breaks) (6.31.2.10 NMAC).
15 school days from evaluation report completion to eligibility determination meeting; parents receive report at least 2 calendar days before meeting (6.31.2.10 NMAC).
Transition planning begins at age 14 (not federal age 16) (6.31.2.11(G) NMAC).
Rights transfer at age 18; FAPE continues through end of school year the student turns 22 (6.31.2.11 NMAC; 6.31.2.13 NMAC).
State complaint decision within 60 calendar days; due process resolution session within 15 days; due process decision within 45 days (6.31.2.13 NMAC).
Restraint/seclusion: same-day parent notification; written report within 2 school days; team review within 2 weeks if 2 incidents within 30 days (NMAC 6.11.2.10).
Key Timelines
60 calendar days: parent consent to evaluation completion (6.31.2.10 NMAC).
15 school days: evaluation request receipt to LEA written response (6.31.2.10 NMAC).
15 school days: evaluation completion to eligibility meeting (6.31.2.10 NMAC).
2 calendar days: minimum advance receipt of evaluation report before eligibility meeting (6.31.2.10 NMAC).
Annual: IEP review cycle (34 CFR 300.324(b)).
Every 3 years: reevaluation cycle unless waived (6.31.2.10 NMAC; 34 CFR 300.303).
Age 14: transition planning must begin (6.31.2.11(G) NMAC).
Age 18: rights transfer to student (6.31.2.13 NMAC; 34 CFR 300.520).
Age 22 (end of school year): maximum FAPE eligibility (6.31.2.11 NMAC).
60 calendar days: state complaint resolution (6.31.2.13 NMAC).
15 days: due process resolution session (34 CFR 300.510).
45 days: due process hearing decision after resolution period (34 CFR 300.515).
20 school days: expedited discipline hearing decision (34 CFR 300.532).
2-year statute of limitations for due process complaints (34 CFR 300.507(a)(2)).
1-year limitation for state complaints (34 CFR 300.153(c)).