2006 New Mexico Statutes - Section 28-11C-3 — Educational rights of deaf and hard-of-hearing children; additional duty of public education department.

28-11C-3. Educational rights of deaf and hard-of-hearing children; additional duty of public education department.

A.     The state of New Mexico recognizes the unique communication needs of children who are deaf or hard-of-hearing and encourages the development of specific recommendations by all state agencies, institutions and political subdivisions concerned with the early intervention, early childhood and kindergarten through twelfth grade education of students who are deaf or hard-of-hearing, including the public education department, the New Mexico school for the deaf and the department of health, to ensure that:

(1)     these children have what every other child takes for granted, including an educational environment in which their language and communication needs are fully addressed and developed and in which they have early, ongoing and quality access to planned and incidental communication opportunities; and

(2)     the recommendations, consistent with the findings and purpose of the Deaf and Hard-of-Hearing Children's Educational Bill of Rights [ 28-11C-1 NMSA 1978], be completed expeditiously.

B.     Since 20 U.S.C. §1414(d)(3)(B)(iv) of the federal Individuals with Disabilities Education Act requires that the individual education plan team consider the unique communication needs of children who are deaf or hard-of-hearing, the public education department shall develop a model "communication consideration for students who are deaf or hard-of-hearing", to become part of the individual education plan process.  The model shall be disseminated to all local school districts, with training to be provided as determined by the department.