New Mexico — school discipline

The published process

Notice and hearing before exclusion

Three tiers, each with its own process. For an immediate removal — a student "whose presence poses a continuing danger to persons or property or an ongoing threat of interfering with the educational process" — "A rudimentary hearing, as required for temporary suspensions, shall follow as soon as possible". "The school shall exert reasonable efforts to inform the student's parent of the charges against the student and the action taken as soon as practicable." (6.11.2.12 NMAC, C) For a temporary suspension, "A student facing temporary suspension shall be granted a rudimentary hearing in which the student shall first be informed of the charges against the student and, if the student denies them, shall be told what evidence supports the charge(s) and be given an opportunity to present the student’s version of the facts." That hearing "may be an informal discussion and may follow immediately after the notice of the charges is given", and "a temporary suspension may be imposed within minutes after the alleged misconduct has occurred" unless the administrative authority decides a delay is essential. The rule states the evidence rule for this hearing directly: "The administrative authority is not required to divulge the identity of informants, although the administrative authority should not withhold such information without good cause." "The administrative authority is required to disclose the substance of all evidence on which the administrative authority proposes to base a decision in the matter". And it states what is not owed at this stage: "the administrative authority is not required to allow the student to secure counsel, to confront or cross-examine witnesses supporting the charge(s), or to call witnesses to verify the student's version of the incident, but none of these is prohibited". (6.11.2.12 NMAC, D(2)) For a long-term suspension or expulsion, a written notice must be served that states, among other things, "the school rule(s) alleged to have been violated," "the date, time, and place of the hearing," "a statement that the student has the right to be represented at the hearing by legal counsel, a parent or some other representative", and "the name, business address, and telephone number of a contact person" for the family. (6.11.2.12 NMAC, G(4)(h)) The formal hearing itself is described in its own terms: "The formal hearing is not a trial. The formal hearing is an administrative hearing designed to ensure a calm and orderly determination by an impartial hearing authority of the facts of a case of alleged serious misconduct. Technical rules of evidence and procedure do not apply." At it, "The school shall have the burden of proof of misconduct." The student and parent have "The right to be represented by legal counsel or other designated representative," "the right to present evidence," "the right to confront and cross-examine adverse witnesses," and "the right to have a decision based solely on the evidence presented at the hearing and the applicable legal rules". (6.11.2.12 NMAC, G(4)(l))

Services during exclusion

New Mexico states this one sharply, in the sources reviewed: "A student who has been validly expelled or suspended is not entitled to receive any educational services from the local school district during the period of the exclusion from school. A local school board may provide alternative arrangements, including correspondence courses at the expense of the student or parent(s) pursuant to department requirements, if the local school board deems such arrangements appropriate." (6.11.2.12 NMAC, G(2)) In-school suspension is different because it is not a removal from the building: "Any student who is placed in in-school suspension which exceeds 10 school days must be provided with an instructional program that meets state and local educational requirements." (6.11.2.10 NMAC, E(1)) A student with a disability removed for 10 school days in the same school year is a separate case, governed by 6.11.2.11 NMAC: "must continue to receive special education and related services". (6.11.2.11 NMAC, I)

The record made, and the appeal route

After the formal hearing, "the hearing authority shall prepare and mail or deliver to the student, through the parent(s), a written decision within five working days after the hearing." "The decision shall include a concise summary of the evidence upon which the hearing authority based its factual determinations." Where the disciplinarian is a different person, that decision is forwarded, and "The disciplinarian shall prepare a written decision, including reasons for choosing any penalty imposed, and mail or deliver it to the student, through the parent(s), within five working days of receipt of the hearing authority's report." (6.11.2.12 NMAC, G(4)(l)(viii)) A right of review follows for the more serious penalties: "a student aggrieved by a disciplinarian's decision after a formal hearing shall have the right to have the decision reviewed if the penalty imposed was at least as severe as a long-term suspension or expulsion, an in-school suspension exceeding one school semester, or a denial or restriction of student privileges for one semester or longer." "A student request for review must be submitted to the review authority within 10 school days after the student is informed of the disciplinarian's decision." (6.11.2.12 NMAC, G(4)(n)) "Except in extraordinary circumstances, a review shall be concluded no later than 15 working days after a student's written request for review is received by the appropriate administrative authority." (6.11.2.12 NMAC, G(4)(q)) The review authority then "shall prepare a written decision, including concise reasons, and mail or deliver it to the disciplinarian, the hearing authority and the student, through the parent(s), within 10 working days after the review is concluded." (6.11.2.12 NMAC, G(4)(r)) "Unless the local school board provides otherwise, a review authority's decision shall be the final administrative action to which a student is entitled." (6.11.2.12 NMAC, G(4)(s))

If the student has an IEP or Section 504 plan

the disability layer — manifestation determination, the interim alternative educational setting, continued services, and the appeal route — lives on this site's New Mexico special education page. The rule itself marks the boundary: "This section does not apply to long-term suspension or expulsion of students with disabilities pursuant to the IDEA or Section 504. The procedures for long-term suspension or expulsion of students with disabilities are set forth in Section 6.11.2.11 NMAC." (6.11.2.12 NMAC, B)

The four rows above answer the questions an experienced adviser raises first, from the state's own rule, or record that a question is not answered in it.

Timelines, as stated in the sources

All quoted; none calculated. From 6.11.2 NMAC as retrieved 2026-09-15.

On an immediate removal's length: "Students shall be reinstated after no more than one school day unless within that time a temporary suspension is also imposed after the required rudimentary hearing." (6.11.2.12 NMAC, C(2))

On notice after an immediate removal: "If the school has not communicated with the parent by telephone or in person by the end of the school day following the immediate removal, the school shall on that day mail a written notice with the required information to the parent's address of record." (6.11.2.12 NMAC, C(3))

On notice after a temporary suspension: "If the school has not communicated with the parent(s) by telephone or in person by the end of the first full day of suspension, the school shall on that day mail a written notice with the required information to the parent's address of record." (6.11.2.12 NMAC, D(2)(e))

On scheduling the formal hearing: "no sooner than five nor later than 10 school days from the date of receipt of the notice by the parent(s)." (6.11.2.12 NMAC, G(4)(g))

On naming a representative for the formal hearing: a written notice filed "at least 72 hours before the hearing". (6.11.2.12 NMAC, G(4)(h)(iv))

On the hearing authority's written decision: "within five working days after the hearing." (6.11.2.12 NMAC, G(4)(l)(viii))

On the disciplinarian's decision, where separate from the hearing authority: "within five working days of receipt of the hearing authority's report." (6.11.2.12 NMAC, G(4)(l)(viii))

On mailed notice: "the parent(s) shall be presumed to have received the notice on the fifth calendar day after the date of mailing unless a receipt for certified mail, if used, indicates a different date of receipt." (6.11.2.12 NMAC, G(4)(l)(x))

On requesting review: "within 10 school days after the student is informed of the disciplinarian's decision." (6.11.2.12 NMAC, G(4)(n))

On concluding a review: "Except in extraordinary circumstances, a review shall be concluded no later than 15 working days after a student's written request for review is received by the appropriate administrative authority." (6.11.2.12 NMAC, G(4)(q))

On the review authority's written decision: "within 10 working days after the review is concluded." (6.11.2.12 NMAC, G(4)(r))

What any of this means for a particular situation is for the agency and its processes to determine.

Assigned to district policy by the quoted provision

The rule writes the frame and expressly hands part of it to each local school board — a term that, per 6.11.2.7 NMAC, "includes the governing body of a charter school". Each entry below is a question the board's own policy answers, with the delegating text quoted. No district's or charter school's own policy is captured or quoted here.

Whether students get more protection than the rule's floor. "Local school boards may adopt procedures which afford students more protection than this rule requires." (6.11.2.12 NMAC) The same discretion is stated again for rulemaking generally: local boards "have discretion to develop such rules, policies, and procedures as they deem appropriate to local conditions, including policies which afford students more protection than the minimums established here." (6.11.2.8 NMAC, D)

How long a temporary suspension can run, up to the rule's own ceiling. "A local school board may limit temporary suspensions to periods shorter than 10 school days." (6.11.2.12 NMAC, D(1))

What sanction is imposed for a given violation. "local school boards have discretion to determine the appropriate sanction(s) to be imposed for violations of rules of student conduct or to authorize appropriate administrative authorities to make such determinations." (6.11.2.10 NMAC, D)

Whether alternative arrangements exist during an exclusion. "A local school board may provide alternative arrangements, including correspondence courses at the expense of the student or parent(s) pursuant to department requirements, if the local school board deems such arrangements appropriate." (6.11.2.12 NMAC, G(2))

How the long-term suspension and expulsion process is established. "Each local school board shall establish, or shall authorize appropriate administrative authorities to establish, appropriate processes for handling long-term suspensions and expulsions." (6.11.2.12 NMAC, G(3))

Whether a right of review exists for less serious penalties, and how review is conducted. The rule sets a floor for which penalties carry a right of review, then adds: "A local school board may grant a right of review for less severe penalties." (6.11.2.12 NMAC, G(4)(n)) On conducting a review: "Unless the local school board provides otherwise, a review authority shall have discretion to modify the disciplinarian's decision, including imposing any lesser sanction deemed appropriate." (6.11.2.12 NMAC, G(4)(o)) And on its form: "Unless the local school board provides otherwise, a review authority shall have discretion to conduct a review on the written record of the hearing and decision in the case, to limit new submissions by the aggrieved student and school authorities to written materials, or to grant a conference or hearing at which the student and the student's representative and school authorities may present their respective views in person." (6.11.2.12 NMAC, G(4)(p))

Whether a suspended student can be kept out of school pending a delayed formal hearing. The default is return to school, unless, among other things, "the appropriate administrative authority has conducted an interim hearing pursuant to a written local school board policy made available to the student which affords further due process protection sufficient to support the student's continued exclusion". (6.11.2.12 NMAC, G(4)(j)(iii))

Records access, as stated in the sources

The rule does not state a general parent right to inspect discipline records, or an expungement procedure, in the sections reviewed (6.11.2.1 through 6.11.2.12 NMAC were searched); what it states instead are FERPA cross-references tied to specific record types. Restraint and seclusion documentation: schools must "provide written or oral assurance of secure storage and access to written documentation in accordance with this rule, 20 USC. Section 1232(g), 34 CFR Part 99, the Family Educational Rights and Privacy Act, and any other applicable federal or state laws or rules governing the privacy of such documents." (6.11.2.10 NMAC, E(6)) Discipline records of students experiencing homelessness: their review "shall be in compliance with the Family Educational Rights and Privacy Act, as well as any other applicable federal or state laws or rules governing the privacy of such documents." (6.11.2.10 NMAC, H(2)) Where a crime by a student with a disability is reported to outside authorities, "An administrative authority reporting a crime under this section may transmit copies of the student’s special education and disciplinary records only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act." (6.11.2.10 NMAC, I(6)(b)(ii)) Federal records rights under FERPA are not otherwise restated here.

Change log

2026-09-15 · Deepened to full depth (discipline-layer deepening pass). Recaptured first-party under the standing recipe tools/recipes/new-mexico-discipline.json (digest b617110a54b0): 6.11.2 NMAC, the same single source as the baseline capture, at the same declared windows-1252 encoding. The recapture reproduced the rule's text unchanged from the 2026-08-30 baseline (retained as confirmed). Built out sections 01 and 02, the timelines block, the district delegation map, and records access entirely from this one rule part; no new source was fetched, and the rule is dense enough — definitions, general provisions, rules of conduct, enforcement, the disability-discipline subpart, and the detention/suspension/expulsion procedure subpart — to support full depth on its own. Findings recorded: (1) the rule states three distinct process tracks by removal type — the rudimentary hearing for an immediate removal or a temporary suspension, and the formal hearing for a long-term suspension or expulsion — each with its own notice and evidentiary rules; (2) the formal hearing's evidentiary floor is unusually explicit about what is not required (no counsel provided by the school, no confrontation or cross-examination compelled at the temporary-suspension stage) alongside what the administrative authority must disclose; (3) the services-during-exclusion statement is the sharpest in this collection: a validly expelled or suspended student "is not entitled to receive any educational services" absent a board-approved alternative arrangement, which may run at the family's expense; (4) the review stage is a second, distinct decision-maker (the review authority) bound by the hearing authority's factual findings except on a showing of arbitrariness or new evidence, with its own filing and decision clocks; (5) the delegation map rests on seven clauses, the most of any state built so far in this layer, reflecting how much of the rule's own text is written as a floor with local-board discretion layered on top; (6) general discipline-record inspection and expungement are not stated in the sections reviewed — only FERPA cross-references tied to restraint/seclusion documentation, homelessness-related discipline data, and records transmitted to law enforcement. No state office, phone number, or email for parents appears anywhere in the rule; that absence, recorded at baseline, stands unchanged. Still uncaptured: the NMSA statutory sections the rule cites as its own authority (22-2-1, 22-2-2, 22-5-4.12, 22-8-2), the Open Meetings Act, the Attendance for Success Act, and any Public Education Department guidance beyond the rule itself — none of them blocked full depth, since the rule states its framework, process, and delegations completely on its own text. Internet Archive captures: to be added. Reviewer: Carrie Schluter. Corrections on the record in this log: hello@fieldassembly.net.

2026-08-30 · Baseline page created (discipline-layer breadth sprint). Captured first-party under recipe tools/recipes/new-mexico-discipline.json: 6.11.2 NMAC from the State Records Center and Archives. Findings recorded: (1) New Mexico carries the operative scheme in Public Education Department rule rather than in statute, and the rule states its own effective date, which most sources in this collection do not; (2) the rule frames public education as a property right and states that it prescribes minimum requirements only, with local boards free to afford more protection — an express floor rather than a ceiling; (3) the rudimentary hearing before a temporary suspension is described in more detail than any comparable provision captured so far, including an explicit statement of what the school is not required to do — no counsel, no confrontation or cross-examination, no calling of witnesses — paired with a requirement to disclose the substance of all evidence the decision will rest on; (4) three roles are named and separated — hearing authority, disciplinarian, and review authority — with the hearing authority's factual findings binding on the others, a review authority barred from imposing harsher consequences, and all three disqualified for involvement, witness status, prejudgment, or bias; (5) the formal hearing has a two-sided clock, no sooner than five and no later than 10 school days from the parent's receipt of notice, which is the only floor-and-ceiling hearing window captured so far; (6) an immediate removal lasts no more than one school day unless a temporary suspension follows a rudimentary hearing; (7) the rule states that a validly expelled or suspended student "is not entitled to receive any educational services" during the exclusion, with alternatives at the board's option and potentially at the family's expense — the sharpest statement on services during removal in this collection, and recorded exactly as the state states it; (8) no state office or parent contact appears in the sources. Capture note: the part page declares charset=windows-1252 and lays its text out with 0xA0 indent runs, so the recipe names that encoding; decoded as UTF-8 those bytes arrive as replacement characters. This is the second state in this batch to need it, after Nevada, which is what prompted adding the declared encoding field to capture.py. Internet Archive captures: to be added. Reviewer: Carrie Schluter, reviewed 2026-08-30. Corrections on the record in this log: hello@fieldassembly.net.