1. A. U.S. department of education interpretations. The U.S. department of education’s (USDE) interpretations of the provisions of 34 CFR Part 300 as set forth in its Analysis of Comments and Changes to Part 300 at 71 Federal Register 46547-46753 (August 14, 2006), and other interpretations that are published or announced by the USDE in the federal register are recognized as the federal government’s official positions regarding the requirements of IDEA. Such interpretations shall be followed by the department to the extent that they do not conflict with express provisions of IDEA or case law from the federal courts.
2. B. Uniform Statute and Rule Construction Act. The Uniform Statute and Rule Construction Act, Sections 12-2A-1 through 12-2A-20 NMSA 1978, applies to the interpretation of 6.31.2 NMAC except to the extent that these rules incorporate permissible variations under the New Mexico version of the Uniform Statute and Rule Construction Act. References in 6.31.2 NMAC to state or federal laws or rules are intended to incorporate future amendments unless a provision in these rules is irreconcilable with a future amendment under the standards of the Uniform Statute and Rule Construction Act.

3. C. Conflicts with state or federal laws or rules. If any state law or a state rule adopted by the department or a federal law or regulation grants greater rights to an individual or public agency than these rules provide, the provision(s) granting greater rights shall control to the extent necessary to avoid a conflict.

   HISTORY OF 6.31.2 NMAC:

   Pre-NMAC History:

   Material in this Part was derived from that previously filed with the Commission of Public Records - State Records Center and Archives:

   SBE Regulation 85-4, Educational Standards for New Mexico Schools Basic, Special Education, Vocational Programs, 10/21/1985

   SBE Regulation 86-7, Educational Standards for New Mexico Schools, 9/2/1986

   SBE Regulation 87-8, Educational Standards For New Mexico Schools, 2/2/1988

   SBE Regulation 88-9, Educational Standards For New Mexico Schools, 10/28/1988

   SBE Regulation 89-8, Educational Standards For New Mexico Schools, 11/22/1989

   SBE Regulation 90-2, Educational Standards For New Mexico Schools, 9/7/1990

   History of Repealed Material:

   6 NMAC 5.2, Children with Disabilities/Gifted Children, filed 9/17/1997 - Repealed, 8/14/2000

   6.31.2 NMAC, Children with Disabilities/Gifted Children, filed 8/1/2000 - Repealed, 6/29/2007

[6.31.2.14 NMAC - Rp, 6.31.2.14 NMAC, 7/14/2020]