Attorneys at Pegasus Legal Services for Children filed a systemic
administrative complaint against Albuquerque Public Schools (“APS”) on behalf
of all students with disabilities and suspected disabilities enrolled in the district.
The complaint alleges that APS has engaged in a variety of unlawful actions that
have resulted in the delayed identification and evaluation of students with
disabilities. APS’ practices prevent students with disabilities from receiving the
special education services they need in order to be successful at school.
In a report issued on August 11, 2021, the New Mexico Public Education
Department (“PED”) issued a scathing rebuke to APS. Following an extensive
data review, the PED found that APS “has a practice of creating delay” and that
this, in turn, “raises concerns that the practice is intended to conceal obvious delays
by manipulating the information required to be reported to the PED regarding
federal IDEA indicators on timely evaluations.”
As a result, APS has been ordered to undergo a comprehensive revamping of
its systems as it relates to the identification of children with special
education needs. This will include immediate and ongoing monitoring by the
PED. A copy of the Complaint Resolution Report can be found below.