Child Find
All public schools are mandated by the Individuals with Disabilities Education Act of 2004 (IDEA) to identify, locate, and evaluate students who may demonstrate disabilities through the Child Find process. The intent of Child Find is that all children with disabilities, ages 3–21, are located, identified, and evaluated in order to receive needed supports and services.
As a public school, RISE Online Academy provides a Free Appropriate Public Education to children ages 5–21, including those children who qualify for special education services unless the parent refuses special education services. In order for a child to receive intervention or special education services, an evaluation must be conducted to confirm the presence of a delay or disability.
RISE provides specialized programming through specially trained teachers to provide education-related services for children with disabilities. Supports are provided in the Least Restrictive Environment (LRE) and range from mild and moderate to significantly more involved supports for each of the following disabilities as defined by the State of New Mexico:
- Autism
- Deafness
- Deaf-Blindness
- Serious Emotional Disturbance
- Hearing Impairment
- Intellectual Disabilities
- Multiple Disabilities
- Orthopedic Impairments
- Other Health Impairments
- Specific Learning Disability that Includes Dyslexia
- Speech or Language Impairment
- Traumatic Brain Injury
- Visual Impairment Including Blindness
If through Child Find activities, a child is identified as possibly having a disability and needing special education services, RISE will seek parent consent to evaluate the child. All such evaluations will be conducted in compliance with applicable federal and state law and regulations. Parents must report that their child has an Individualized Education Plan (IEP) during the enrollment process. Please contact the Director of Special Education to report students who may be in need of these specialized educational and/or related services.
American Disabilities ACT (ADA) Coordinator/Director of Special Education
Lauren Agee
RISE Online Academy New Mexico
c/o Graduation Alliance
10 W Broadway, Suite 700
Salt Lake City, UT 84101
info@riseonlineacademy.org
505.519.1172
Special Education is instruction and services designed to meet the needs of children who have one or more disabilities as defined by federal law. There are thirteen categories of disabilities: autism, deafness, deaf-blindness, hearing impairment, intellectual disability, multiple disability, orthopedic impairment, other health impairment, serious emotional disturbance, specific learning disability that includes Dyslexia, speech language impairment, traumatic brain injury, and visual impairment, including blindness. See Individuals with Disabilities Education Act (IDEA), Part B regulations at 34 CFR Sec. 300.8.
In New Mexico:
- Developmental delay is considered a disability under special education for children ages three (3) to nine (9).
- According to Subsection B(18) of 6.31.27 New Mexico Administrative Code (NMAC), Special Education in New Mexico may include speech-language pathology services.
- It is important to note that not all children who have a disability or who are struggling, both academically and/or functionally qualify for special education services.
To be eligible for special education services, the child must meet two requirements:
- First, the child must have an evaluation that finds the child has a disability as defined by the IDEA or New Mexico State Rules;
- Second, the disability must affect the child’s ability to learn and progress in the same educational program or setting provided for all children.
- The purpose of special education services is to help a child with a qualifying disability to learn the information and skills that all children are learning.
Special Education Consent to Evaluate
RISE Online Academy cannot proceed with an evaluation, or with the initial provision of special education and related services, without the written consent of a student’s parents/legal guardians. For additional information related to consent, please refer to the Procedural Safeguards Notice. Once written parental/guardian consent is obtained, RISE will proceed with the evaluation process. If the parent disagrees with the evaluation results, the parent can request an independent education evaluation at public expense.
Special Education (IEP) or Service Agreements (504 Plans)
Once the evaluation process is completed, a team of qualified school personnel, parents/guardians, and other relevant service providers hold an evaluation determination meeting to come to agreement on whether the student meets eligibility for one of the disability categories under IDEA. If the student is eligible and requires specially designed instruction, an Individualized Education Plan (IEP) will be coordinated; during which the IEP team will review and finalize the proposed details of an appropriate educational program to meet the student’s documented needs.
For students confirmed to present with special education needs, once the IEP team agrees on the IEP and the student’s educational placement, a Prior Written Notice will be sent to the parent/guardian for signature. This must be signed and returned to RISE Online Academy. RISE can only proceed with implementing the student’s IEP upon receipt of the signed Prior Written Notices. Some students are found to present with one or more disability, but do not meet the eligibility criteria outlined under IDEA (special education); however, their disability may still require RISE to develop a 504 Service Agreement (504 Plan) to outline the special provisions a student may require for adaptations and/or accommodations in school-based instruction, facilities, and/or activities.
Students may be eligible to certain accommodations or services if they have a mental or physical disability that substantially limits or prohibits participation in or access to an aspect of the school program and otherwise qualify under the applicable laws. RISE will ensure that qualified students with disabilities have equal opportunity to participate in the school program and activities to the maximum extent appropriate for each individual student. In compliance with applicable state and federal laws, RISE will provide students with disabilities the necessary educational services and supports they require to access and benefit from their educational program. This is to be done without discrimination or out of pocket cost to the student or family for the essential supplementary aids, services or accommodations determined to provide equal opportunity to participate in and obtain the benefits of the school program and extracurricular activities to the maximum extent appropriate to the student’s abilities and to the extent required by the laws.
Parents/Guardians have the right to revoke consent for services after initial placement. Please note, a revocation of consent removes the student from ALL special services and supports outlined on the IEP or 504 Plan. Click here to view more.
Special Education Grievances or Disputes
RISE Online Academy recognizes that despite best intentions of all parties, disagreements or miscommunications may arise between the school-based team and RISE families or students. Should this situation occur, the RISE special education case manager will initiate an IEP team discussion where the specific details contributing to any educational concern are fully discussed and addressed as the entire team determines would be most appropriate for the student. Collaboration is a primary focus for this type of meeting, and the RISE Special Education Team seeks to establish and maintain the confidence of its families to always serve its students in order to maximize their educational success. Here is a link with more information about the Dispute Resolution process from NMPED.
Dispute Resolution Options
To discourage unnecessary and costly litigation, the federal Individuals with Disabilities Education Act (IDEA) requires States to establish and implement procedures for parents and school districts to resolve special education disputes through a process known as mediation. In New Mexico, this service is administered by the Special Education Bureau (SEB) of the New Mexico Public Education Department (NMPED).
Current Copy of Procedural Safeguards Notice Regarding Special Education
Additional translated versions available:
Request for Parent/ Guardian Interpreter Services or Disability Accommodations
RISE Online Academy is committed to providing an inclusive environment, free from discrimination based on race, color, or national origin. We ensure that students with limited English proficiency (LEP), also known as English Learners (EL) or English Language Learners (ELLs), can fully engage in educational programs and services. Additionally, RISE Online Academy will communicate important information to LEP parents in a language they understand.
Parents or guardians of students with disabilities can request professional interpreter services from the Special Education Department at RISE Online Academy at any time.
Additionally, if any parent or guardian has a disability or other limitation affecting their ability to fully engage in their child’s educational planning, they are encouraged to contact RISE Online Academy to discuss available accommodations that can enhance their participation.
Please contact the Director of Special Education for assistance.
Homeless Liaison/MKV Coordinator
Dr. Todd Keruskin
RISE Online Academy New Mexico
c/o Graduation Alliance
10 W Broadway, Suite 700
Salt Lake City, UT 84101
info@riseonlineacademy.org
505.519.1172
Definition, Rights, and Services
The McKinney-Vento Homeless Assistance Act is a federal law that works to ensure educational stability for homeless youth and allows homeless students to enroll in school and receive transportation without delay. The Act defines homeless children as “individuals who lack a fixed, regular and adequate nighttime residence.” Examples of children who fall under this definition include:
- Children sharing housing due to economic hardship or loss of housing;
- Children living in “motels, hotels, trailer parks, or campgrounds due to lack of alternative accommodations”
- Children living in “emergency or transitional shelters”
- Children whose primary nighttime residence is not ordinarily used as a regular sleeping accommodation (e.g. park benches, etc.)
- Children living in “cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations…”
This Act guarantees homeless children and youth the following:
- The right to immediate enrollment in school, even if lacking paperwork normally required for enrollment
- The right to attend school in his/her school of origin or in the school in the attendance area where the family or youth is currently residing
- The right to receive transportation to his/her school of origin
- The right to services comparable to those received by housed schoolmates, including transportation and supplemental educational services
- The right to an “equal playing field” and the removal of all barriers to receiving educational services
- The right to attend school along with children not experiencing homelessness. Segregation based on a student’s status as homeless is strictly prohibited.
- The posting of homeless students’ rights in all schools and other places around the community.
Every school is required by law to designate a local liaison for children and youth experiencing homelessness. The liaison works to make sure that homeless children and youth enroll in school and have the opportunity to succeed academically.
English Language Learners (ELL) Coordinator
Lauren Agee
RISE Online Academy New Mexico
c/o Graduation Alliance
10 W Broadway, Suite 700
Salt Lake City, UT 84101
info@riseonlineacademy.org
505.519.1172
As part of the enrollment process all parents enrolling their student in a public school for the first time will be asked to complete a home usage survey (HUS). The answers from this survey will allow the school to determine if the student should be screened to determine if the student speaks another language besides English and if the student qualifies to receive English language services and supports.
504 Coordinator
Lauren Agee
RISE Online Academy New Mexico
c/o Graduation Alliance
10 W Broadway, Suite 700
Salt Lake City, UT 84101
info@riseonlineacademy.org
505.519.1172
Section 504 is a part of the Rehabilitation Act of 1973, which prohibits discrimination based on disability. Section 504 is an anti-discrimination, civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of the met.
Foster Care Coordinator
Lauren Agee
RISE Online Academy New Mexico
c/o Graduation Alliance
10 W Broadway, Suite 700
Salt Lake City, UT 84101
info@riseonlineacademy.org
505.519.1172
Under the requirements of the federal Every Student Succeeds Act (ESSA) shall identify all students in foster care, have a foster care plan developed, and collaborate with the Child Welfare Agency and Tribal Child Welfare Agencies (CWA). Please reach out to the school to obtain further information. NMPED Dispute Resolution process can be found here.
Additional Links from NMPED.