EPICS

Parents' Rights

You Have Rights!
Informed Parents Make a Difference

In order for a parent to make an informed decision, he/she desires to have the right information to make the right choices for their child or family. This is essential when building and maintaining relationships with families. Parents also deserve the opportunity to exercise their rights when faced with irresolvable issues or concerns related to their children.

EPICS supports families to understand their rights under the law (IDEA) and alike. Here you will find information as it relates to Parent Rights (Procedural Safeguards) for both Early Intervention (Part C) and Special Education (Part B)

You have the right to:

Early Intervention (Part C)
(NMFIT Family Rights Handbook)

• The right to have your child evaluated
• The right to a plan for services within 45 days of referral
• The opportunity to receive evaluation, assessment, IFSP development, service coordination, and procedural safeguards at no cost.
• The right to refuse evaluations, assessments, and services
• The right to Participate
• The right to receive written prior notice
• The opportunity to receive each early intervention service in natural environments to the extent appropriate to meet your child’s developmental needs
• The right to maintenance of the confidentiality of personally identifiable information
• The right to review and, if appropriate, correct records
• The right to request mediation and/or impartial due process procedures to resolve parent/provider disagreements; and
• The opportunity to file a complaint

Special Education (Part B)

• Free and Appropriate Public Education (FAPE)
• Appropriate Evaluation
• Individualized Education Program (IEP)
• Least Restrictive Environment (LRE)
• Parent and Student Participation in Decision Making
• Procedural Safeguards (Parent Rights)

To submit a complaint:

Early Intervention (Part C)

NM Department of Health
Family Infant Toddler Program
1190 St. Francis Drive
Room N3050
PO Box 26110
Santa Fe, NM 87502-6110

Direct phone # - (505) 827-2578
Fax - (505) 827-2455 or
Call 1-877-696-1472 toll free and ask for the FIT Program

Special Education (Part B)

NEW MEXICO PUBLIC EDUCATION DEPARTMENT
Special Education Bureau
120 South Federal Place, Room 206,
Santa Fe, New Mexico 87501

Special Education Bureau (505) 827-1457

The Special Education Bureau can provide forms and assistance with filing an Alternative Dispute Resolution (ADR), complaint or due process hearing and answer questions about the law. Ask to speak to a Parent Liaison.

Bureau of Indian Education (BIE)
Division of Performance & Accountability
Special Education
Attn: Gloria Yepa
1011 Indian School Road NW, Ste. 332
Albuquerque, NM 87`04
(505) 563-5264 Phone
Gloria.yepa@bie.edu

Three forms have been revised and are posted on the Bureau of Indian Education Website (www.bie.edu) and are also linked here. Those forms are:

• Request for Mediation
• Request for Due Process Hearing; and
• State Complaint

Resources:

• Parent and Child Rights in Special Educationb Procedural Safeguards Notice
• Notice of Child and Family Rights & Safeguards in the New Mexico Part C Early Intervention System