New Mexico Special Education Timelines: The 15-Day Rule, 60-Day Evaluation, and More

New Mexico's special education regulations impose specific, hard deadlines on school districts—and most parents don't know those deadlines exist. When you know the timelines, you stop waiting for the school to act and start counting days. Here are the key timelines under NMAC 6.31.2 and what each one means for your child.

The 15-School-Day Rule: Prior Written Notice After an Evaluation Request

When a parent requests an initial evaluation or reevaluation, the school district has 15 school days to respond with a Prior Written Notice (PWN).

The PWN must either:

• Propose to conduct the evaluation and request your informed parental consent, or
• Refuse the evaluation request and explain why—with legally sufficient reasons

This is not a soft guideline. NMAC 6.31.2.10 is explicit: the 15-school-day clock starts the moment the district receives your request—verbal or written. (Making your request in writing is strongly recommended because it creates an undeniable record of the date.)

Exception: If your request arrives within 15 school days before a school break lasting at least 14 calendar days, the district must respond no later than 30 calendar days from the date of the request.

What to do if the school misses this deadline: Send a follow-up email noting the date of your original request, the number of school days that have passed, and that you expect the required PWN. If the school continues to ignore the deadline, document it and file a state complaint with NMPED—missing the 15-day window is a clear procedural violation.

The 60-Calendar-Day Evaluation Timeline

Once you provide informed written consent to the evaluation, the district has 60 calendar days to complete the full and individual comprehensive evaluation.

This is a federal deadline codified in IDEA and applied directly in New Mexico. The 60 days are calendar days—not school days—so summer breaks, holidays, and weekends all count.

The evaluation must cover all areas of suspected disability: cognitive, behavioral, communicative, physical, and developmental. It cannot be limited to one area just because that's what the school finds easiest to assess.

What to do if the deadline is missed: The 60-day evaluation deadline is one of the clearest compliance violations you can document. If day 61 arrives without a completed evaluation, you can immediately file a state complaint. NMPED's complaint investigation process can result in a Corrective Action Plan (CAP) requiring the district to complete the evaluation within a specified period.

Annual IEP Review: At Least Once Per Year

Once your child has an IEP, the team must review and revise it at least once per year. This is the "annual review" required by IDEA and NMAC.

The annual review must:

• Determine whether annual goals are being achieved
• Revise the IEP as appropriate to address any lack of expected progress toward goals
• Consider new information, including evaluation results, parent input, and teacher reports
• Address any changes in the child's needs

If a full year passes without an annual IEP review, that's a FAPE violation. In practice, districts sometimes schedule annual reviews late or try to conduct them by sending home paperwork for signature rather than holding a proper meeting. A legitimate annual review is a team meeting with the required participants—not a form mailed home.

Three-Year Reevaluation (Triennial Review)

Every three years, the district must conduct a comprehensive reevaluation to determine continued eligibility and assess whether the student's educational needs have changed. This is the "triennial" or "three-year" review.

Exception: The parent and the public agency can agree in writing that a reevaluation is unnecessary. This agreement must be explicit and documented. Districts sometimes present this waiver in a way that parents sign without fully understanding they're declining a reevaluation they're entitled to. Read what you're signing.

If three years have passed since the last full evaluation and the district hasn't initiated a reevaluation—and you haven't signed a waiver—the district is out of compliance.

Transition Conference: 90 Days Before Age 3

For children transitioning from the Family Infant Toddler (FIT) Part C program to preschool special education under Part B, federal and state law require a transition conference at least 90 days before the child's third birthday. The child's IEP must be in effect by the date of the third birthday.

Transition Planning: By Age 14 in New Mexico

Federal law requires transition planning in the IEP by age 16. New Mexico's stricter standard under NMAC requires it by the first IEP in effect when the student turns 14. This two-year head start is designed to connect students with vocational rehabilitation, post-secondary planning, and community resources earlier.

If your 14-year-old's IEP doesn't have a transition section, the district is out of compliance with state law.

Disciplinary Timeline: Manifestation Determination Within 10 School Days

When a removal constitutes a disciplinary change of placement, the district must conduct a Manifestation Determination Review (MDR) within 10 school days of the decision to discipline the student.

Missing the MDR timeline is a procedural violation that can be raised in a state complaint or due process proceeding.

How to Track the Timelines

Keep a log. When you make a request (evaluation, IEP meeting, records), note the date in writing. When the district responds, note that date. Count the school days or calendar days as required.

A simple email thread is enough documentation. Forward important communications to a dedicated email folder. If something is discussed verbally—a phone call where the principal agrees to schedule a meeting—follow up with a written summary: "Confirming our call on [date], you agreed to schedule the IEP meeting within two weeks."

This kind of documentation is not paranoid. It's the difference between a complaint with clear evidence and one that the district can dismiss.

The New Mexico IEP & 504 Blueprint includes a timeline tracking worksheet with all major NMAC deadlines, so you can see at a glance which deadlines apply and when the school's time runs out. Knowing the law is one thing; having a system to apply it is another.

When Districts Miss Deadlines Intentionally

New Mexico faces chronic shortages of school psychologists, particularly in rural areas. Some districts are genuinely understaffed. That's real—but it doesn't legally excuse missed timelines. FAPE is a constitutional right in New Mexico, not a budgetary aspiration.

When the school misses a timeline, the appropriate response is:

1. Document the violation in writing
2. Request corrective action from the special education director
3. If the district doesn't respond, file a state complaint with NMPED's Office of Special Education

State complaints can result in Corrective Action Plans that force the district to comply. They're free to file, they don't require a lawyer, and they create a formal record of the district's failures.

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