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? 

NOTE: NM does not appear to have a state process outside of IDEA claims for filing civil rights claims. Most NM resources refer to the US Department of Education’s OCR.

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.

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

N/A