N.M. Admin. Code § 6.30.17.9 - REQUIREMENTS FOR SCREENING, EVALUATION, AND INTERVENTION
A. Using a department-approved screener,
elementary schools shall screen all entering first grade students, in
accordance with PED guidance, for dyslexia by the first standardized reporting
date.
B. A student whose screening
demonstrates characteristics of dyslexia shall receive targeted structured
literacy interventions with progress monitoring to determine if the student is
making adequate progress, pursuant to 22-13-32 NMSA 1978, or be referred to a
student assistance team.
C.
Consideration shall be given to ensure the student is not demonstrating
characteristics of dyslexia solely due to a lack of appropriate English
language program or services.
D.
Pursuant to 22-13-32 NMSA 1978, if a student does not make adequate progress
with targeted structured literacy interventions, a school shall convene a
student assistance team to prescribe more frequent and intensive structured
literacy interventions with progress monitoring to determine the student's
level of progress. The structured literacy interventions prescribed by the
student assistance team shall be in accordance with the department's
multi-layered system of supports.
E. At no time should a student identified as
demonstrating characteristics of dyslexia stop receiving targeted structured
literacy interventions.
F. Pursuant
to 22-13-32 NMSA 1978, a parent or legal guardian of a student referred to a
student assistance team shall be informed of the parent's right to request an
initial special education evaluation at any time. If the school district or
charter school agrees that the student may have a disability, the student
assistance team shall refer the child for an evaluation without undue delay,
and, shall document attempts at obtaining informed consent from the student's
parent(s) or legal guardian(s). The student shall be evaluated within 60 days
of receiving the parental consent for an initial evaluation. If the school
district or charter school refuses the parent's request for an initial
evaluation, the school district or charter school shall provide written notice
of the refusal to the parent, including notice of the parent's right to
challenge the school district's or charter school's decision as provided in
state and federal law and rules.
Notes
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