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Sam, Attorney at Law
Category: Education Law
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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My daughter 8 years old with Down Syndrome was being

Customer Question

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
Expert:  Gerald-Esquire replied 1 year ago.


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:

You can also review the resources that are available here:

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.

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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.

Expert:  Sam replied 1 year ago.

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.

Expert:  Sam 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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