A. In all matters involving children alleged by the state to be abused or neglected, including proceedings to terminate parental rights, the children's court shall appoint an educational decision maker in every case.

B. The children's court shall appoint an educational decision maker at the custody hearing; provided that the children's court:

1. (1) may change the appointment of an educational decision maker upon motion of a party at any stage of the proceedings; and

2. (2) shall review at each subsequent stage of the proceedings whether to continue or change the appointment of an educational decision maker for the child.

   C. The children's court shall appoint a respondent as the child's educational decision maker, unless the children's court determines that doing so would be contrary to the best interests of the child. If the children's court determines that no respondent should be appointed as the child's educational decision maker, the children's court shall appoint another qualified individual, taking into account the following:

3. (1) whether the individual knows the child and is willing to accept responsibility for making educational decisions;
4. (2) whether the individual has any personal or professional interests that conflict with the interests of the child; and
5. (3) whether the individual is permitted to make all necessary educational decisions for the child, including decisions related to whether the child is a child with a disability under the federal Individuals with Disabilities Education Act.

History: Laws 2017, ch. 64, § 3.

ANNOTATIONS

Effective dates. — Laws 2017, ch. 64 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.

Cross references. — For the federal Individuals with Disabilities Education Act, see 20 U.S.C. § 1400.