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My daughter 8 years old with Down Syndrome was being

Customer Question
mistreated by her SPED teacher...
My daughter 8 years old with Down Syndrome was being mistreated by her SPED teacher and Aid. I have not sent my daughter to school since Jan 27, also My daughter is not receiving FAPE at Hondo Vally Public School. I never have received a progress report or an accurate IEP.
Submitted: 1 year ago.Category: Education Law
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Answered in 1 hour by:
2/3/2016
Education lawyer: Gerald-Esquire, Attorney replied 1 year ago
Gerald-Esquire
Gerald-Esquire, Attorney
Category: Education Law
Satisfied Customers: 4,295
Experience: 30 years experience.
Verified

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

New Mexico has a process for you through which you can file a complaint to obtain the proper services for your daughter.

Here are the steps for you to proceed to file the written complaint with the State Department of Education:

1. Gather all information that you have and/or can get. This would include copies of the IEP, BIP,
evaluations, school referrals, notes of meetings, observations of teachers and/or witnesses,
and attempts to resolve the issues.
2. List your concerns and include as much detail as you can. (specific names, titles, dates)
3. Write a complaint letter and include the information that you collected. A statement of the facts. A statement showing the school has been notified of the issues but they have not resolved the problem.

4. Request an administrative review of the issues in your complaint and state the remedy that you want.

Send your complaint to:
NM Special Education Director
New Mexico Public Education Director, Special Education Bureau
120 South Federal Place, Room 2

You may also want to consult an Education Attorney. Most attorneys who do this work will meet with you to make an initial assessment at little or no cost. You can use this link to find such attorneys:

http://lawyers.findlaw.com/lawyer/practicestate/education-law/new-mexico

You can also review the resources that are available here:

http://ped.state.nm.us/ped/SEB_index.html

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Ask Your Own Education Law Question
Education lawyer: Sam, Attorney at Law replied 1 year ago
Sam
Sam, Attorney at Law
Category: Education Law
Satisfied Customers: 27,011
Experience: More than 20 years of experience practicing law.
Verified

Thank you for your patience.

I suggest if charged, this would be a 3rd degree felony. The possible penalty for that is up to 5 years and or a $5000 fine.

Now, it is possible that you will never be contacted or charged with this crime. But if you are, I suggest if you are convicted the court would not impose any jail time. I suggest you could get a probation and suspended sentence and a fine. I also suggest it would be possible if this is a first offense that the District Attorney would be agreeable to having this placed on a deferred judgment. That means that after your probation is successful, the matter can be expunged as a Not Guilty finding.

Ask Your Own Education Law Question
Education lawyer: Sam, Attorney at Law replied 1 year ago

So you might want to keep that in mind and if charged, contact the Public Defender to help work on such a plea, if you cannot afford a private attorney.

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Sam
Sam
Sam, Attorney at Law
Category: Education Law
Satisfied Customers: 27,011
27,011 Satisfied Customers
Experience: More than 20 years of experience practicing law.

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