N.M. Code R. § 6.10.3.8 - FILING A COMPLAINT

A. The department will accept and investigate complaints from organizations or individuals with respect to applicable or covered programs. The complaint must:

(1) be written;

(2) be signed by the complaining party or his or her designated representative;

(3) contain a statement that the department or an agency or consortium of agencies has violated a requirement of a federal statute or regulation that applies to the program;

(4) contain a statement of the facts on which the complaint is based and the specific requirement alleged to have been violated; and

(5) in the case of Title IX, must contain a statement that the department or any of its employees, has discriminated against the complainant on the basis of sex in regard to an education program or activity operated or managed by the department given that the department is a recipient of federal financial assistance.

B. In the case of a complaint filed pursuant to the McKinney-Vento Education for Homeless Children and Youth Act relating to a dispute not resolved at the district level, the LEA shall forward the department's dispute resolution process form along with the LEA's written explanation of the school's decision to the department's homeless liaison within 5 calendar days of the LEA's final decision; The filing of these documents shall be deemed to satisfy the requirements of Paragraphs (1) through (4) of Subsection A of this section. The parent, guardian or student may also initiate the appeal by providing copies of these documents to the department's homeless liaison.

Notes

N.M. Code R. § 6.10.3.8

12-31-98; 6.10.3.8 NMAC - Rn, 6 NMAC 1.5.1.8 & A, 11-30-00; A, 10-17-05; A, 11-30-06