New Mexico

Resources

State Protections and Legal Framework

  • State constitutional guarantees regarding right to education

    Case law and legislative history defining and interpreting the right to education

    • Johnson v. Bd. Of Educ. For Albuquerque Pub. Sch., 2025 WL 274117 (N.M. Jan. 23, 2025) – A public school is a “governmental establishment,” as element of definition of “public accommodation” in the New Mexico Human Rights Act (NMHRA), which prohibits discrimination by any person in any public accommodation and defines “public accommodation” as any governmental entity or any establishment that provides or offers its services, facilities, accommodations, or goods to the public.

    State constitutional protections regarding non-discrimination and equity

    • Article II, Section 18 guarantees equal protection of the laws and prohibits discrimination based on sex. It is a broad civil rights guarantee that extends to education.

    • Article XII, Section 10 guarantees that children of Spanish descent in the state of New Mexico shall never be denied the right and privilege of admission and attendance in the public schools or other public educational institutions of the state.

    • Article XII, Section 8 requires training teachers to be proficient in English and Spanish to serve Spanish-speaking pupils.

  • State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA) 

    • New Mexico Human Rights Act – prohibits discrimination in “public accommodations,” explicitly including public schools, on grounds such as race, national origin, sex, and disability.

    Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)

    • Since 2003, the NMHRA  prohibits discrimination in schools based on sexual orientation and gender identity.

    • The Safe Schools for All Students Act (2019)  added anti-bullying protections, which further encourages anti-discriminatory efforts.

    State law protections regarding color of law or pattern/practice liability for law enforcement in schools

    • New Mexico’s Civil Rights Act removed sovereign immunity for claims brought under color of law by school employees/public officials, enabling suits for rights violations by school-based law enforcement.

    Anti-discrimination protections under state human rights statutes

    • NM Human Rights Act prohibits discrimination in employment, housing, public accommodations (including public secondary schools) based on race, color, national origin, ancestry, religion, sex, disability, medical condition, sexual orientation, gender identity, and more.

    Private right of action provisions under state civil rights and human rights statutes

    • Individuals may file administrative complaints with the Human Rights Bureau, which may be dual-filed with the EEOC.

    Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims?

    Section 28-1-7(E) of the NM Human Rights Act prohibits “practices which are discriminatory in effect as well as intent.” Since schools are subject to the Act, individuals can bring private disparate impact suits in state court after exhausting administrative remedies.

  • Is the right provided by state law conferred on the student, parent/guardian, or both? In other words, who can bring a claim under this law? 

    • The right is conferred on the individual who experiences discrimination, which may include: the student, the parent or legal guardian may bring claims on behalf of the student, and in some cases parents themselves may have standing if they are directly affected.

    Does the specified law or policy provide protections against retaliation? What are the elements of a retaliation claim? Are protections against retaliation clearly spelled out in the law or policy?

    • Yes – N.M. Stat. § 28-1-7(I) states that “it is an unlawful discriminatory practice for any person or employer to retaliate or discriminate in any manner against any person because that person has opposed any practice forbidden by the Human Rights Act or has filed a complaint, testified, or participated in any proceeding under the Act.

    Statute of limitations for filing education-related state civil rights complaints (or state civil rights complaints broadly) or state human rights complaints?

    • 300 Days (N.M. Stat. § 28-1-10).

How do I file a complaint about discrimination in a K-12 public school in New Mexico? 

  • Who is eligible to file (students, parents, advocates, others)?

    • Students, parents/guardians, school employees, and any individual or organization aware of discrimination or harassment.

     

    Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)

    • Yes, complaints should first go through the local school or district grievance process (Title IX, Title VI, ADA/504). The New Mexico Public Education Department (NMPED) generally expects local resolution before state-level involvement.

    How to initiate the process (relevant websites, standard forms, submission locations)

    Can complaints be filed anonymously or confidentially?

    • Informal complaints may be anonymous, but formal complaints requiring investigation typically require identifying information. Confidentiality is maintained.

    Are there language access requirements for complaint processes?

    • Yes, districts must provide translation/interpretation for Limited English Proficient families under Title VI.

    Are there known barriers to accessing enforcement (filing fees, documentation requirements)?

    • Variation across districts in complaint procedures 

    • Limited statewide forms outside special education 

    • Families may be unaware of NMPED escalation procedures

    Can complainants have advocates or legal representation?

    • Yes, complainants may bring attorneys or advocates at any stage.

    Are complainants entitled to legal representation or other advocates to file or at any point in the process?

    • No, NMPED does not provide free counsel; advocacy organizations may assist.

  • What are the required elements of the civil rights claim?

    • Description of discriminatory act(s) 

    • Basis for discrimination (race, sex, disability, national origin, religion, sexual orientation, gender identity) 

    • Names of individuals involved 

    • Timeline/dates 

    • Steps taken at the district level 

    • Requested remedy


    Who reviews claims and what timeframes apply?

    • District Title IX/504/Civil Rights Coordinator 

    • NMPED Office of Civil Rights for escalated complaints

    • Timeframe:

      • District investigations: typically 30–60 days

      • NMPED investigations: generally 60 days, depending on complexity


    What type of investigation may occur?Who participates in investigations?

    • Document review, interviews with complainants and witnesses, review of policies, collection of evidence.


    Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?

    • Special education complaints (IDEA): due process hearings available 

    • Other civil rights complaints: hearings not guaranteed; administrative review only


    What privacy/confidentiality protections exist?

    • FERPA protects student records; complainant identities kept confidential wherever possible.


    Are school districts required to publicly post civil rights complaint procedures?

    • Yes, districts must post nondiscrimination statements and coordinator contact information on websites and in student handbooks.

  • What is the appeals process, if any?

    • District decisions may be appealed to superintendent or school board 

    • IDEA due process hearing decisions can be appealed to state/federal court


    Are remedies legally enforceable once a violation is found?

    • Yes, corrective action plans, compensatory services, staff training, policy updates, and compliance monitoring.


    Are there other administrative processes that must be exhausted before taking legal action?

    • Yes,  especially for IDEA complaints; recommended for other civil rights complaints before filing a lawsuit.


    Do state agencies publish complaint outcome data?

    • NMPED does not generally publish detailed outcomes

    What enforcement mechanisms exist for non-compliance?

    • District monitoring for compliance 

    • Court enforcement if necessary

State Attorney General Enforcement Actions

  • Has the AG taken civil rights actions involving education in the past 5 years?

    • AG Torrez announced he would take over the Yazzie-Martinez litigation on behalf of Native American students, pledging to enforce compliance with court orders on equitable education.

    What enforcement powers does the AG possess in education-related cases?

    • Investigative Authority – the AG’s office asserts authority to investigate and bring civil rights cases against public agencies, including school districts.

    • Litigation and Compliance Enforcement – the AG can file or intervene in lawsuits to compel compliance with court orders, and represent the State in civil rights matters.

  • Does the AG have an office/section dedicated to education or education civil rights issues? (If the AG has sections or offices dedicated to education or children's rights issues, please identify that office when responding to relevant questions above and with respect to the complaint process below.)

    Civil Rights Division

Other State Enforcement Systems

New Mexico Human Rights Bureau

  • Who is eligible to file (students, parents, advocates, others)?

    • Any “person” aggrieved by an unlawful discriminatory practice, under NMAC 9.1.1.8 Section A, which includes students, parents or guardians filing on behalf of minors or dependents, and advocates or legally authorized representatives.

    Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)

    • NMHRA requires exhaustion of administrative remedies: you must first file with HRB before suing in court.

    How to initiate the process (relevant websites, standard forms, submission locations)

    • First complete an online discrimination inquiry form

    • Then, an HRB investigator contacts you to assist in filing a formal charge of discrimination.

    • Charges can be submitted online, by mail, fax, email, or in person.

    Can complaints be filed anonymously or confidentially?

    • A valid charge must include the complainant’s name and contact information.

    Are there language access requirements for complaint processes?

    • The HRB provides forms and inquiry materials in English and Spanish.

    Are there known barriers to accessing enforcement (filing fees, documentation requirements)?

    • There are no filing fees, but document requirements include name/contact information, respondent information, dates, and descriptions of the alleged discriminatory acts.

    Can complainants have advocates or legal representation?

    • Yes

    Are complainants entitled to legal representation or other advocates to file or at any point in the process?

    • They are not entitled, but they are permitted and rather common.

  • What are the required elements of the civil rights claim?

    • Complainant and respondent details, clear description of the alleged discriminatory act(s), applicable law or protected characteristic, date(s)/time(s) and location(s) of the incident(s), factual basis supporting the allegation, and a signature and date of the complainant or authorized representative.

    Who reviews claims and what timeframes apply?

    • HRB staff review for timeliness and jurisdiction; incomplete filings are returned for correction.

    What type of investigation may occur?

    • Mediation – voluntary, pre-investigation mediations are available.

    • Formal Investigation – HRB reviews documents, takes statements, and may conduct school visits.

    • Conciliation – if probable cause is found, conciliatory efforts continue before hearing proceedings.

    Who participates in investigations?

    • Complainant, respondent, HRB investigators, witnesses, legal representatives or advocates.

    Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?

    • Yes – parties receive at least 10 days’ notice of hearing.

    • Procedural rights during hearing include presentation and cross-examination of witnesses, introduction of evidence, representation by counsel, subpoena accessibility, and transcript requests.

    What privacy/confidentiality protections exist?

    • Records are confidential but hearings and settlements are public, though personal data may be redacted.

    Are school districts required to publicly post civil rights complaint procedures?

    • Schools/districts are not directly mandated by NMHRA to post complaint procedures publicly.

  • What is the appeals process, if any?

    • Parties may appeal to the NM Court of Appeals within 3 days of the decision (NMSA 1978 § 28-1-13).

    Are remedies legally enforceable once a violation is found?

    • Injunctive relief and/or monetary damages are available.

    Are there other administrative processes that must be exhausted before taking legal action?

    • No requirement to exhaust school/district grievance procedures beforehand.

    Do state agencies publish complaint outcome data?

    • No.

    What enforcement mechanisms exist for non-compliance?

    • If an order is not complied with, the commission or complainant may file a petition to seek enforcement of the order or seek other court remedies.