N.M. Admin. Code § 6.31.2.8

Current through Register Vol. 35, No. 21, November 5, 2024

Section 6.31.2.8 - RIGHT TO A FREE APPROPRIATE PUBLIC EDUCATION (FAPE)

A. All children with disabilities aged three through 21 or who will turn three at any time during the school year who reside in New Mexico, including children with disabilities who have been suspended or expelled from school, have the right to a FAPE that is made available by one or more public agencies in compliance with all applicable requirements of 34 CFR Secs. 300.101 and 300.120 and these or other department rules and standards. Children with disabilities who are enrolled in private schools have the rights provided by 34 CFR Secs. 300.129-300.148 and Subsection L of 6.31.2.11 NMAC.

B. Only children who meet the criteria in these rules may be included in calculating special education program units for state funding and counted as eligible children for federal flow-through funds under Part B of IDEA.

6.31.2.8 NMAC - Rp, 6.31.2.8 NMAC, 6/29/07, Adopted by New Mexico Register, Volume XXXI, Issue 13, July 14, 2020, eff. 7/14/2020