A. All files and records maintained by the office that pertain to students are confidential and not subject to the provisions of the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978]. The state ombud shall not disclose the identity of a concerned person or student about whom the office maintains files or records unless: (1) the concerned person, student or parent consents in writing to the disclosure; (2) the concerned person, student or parent gives oral consent that is documented immediately in writing by a representative of the office. If the student is unable to give oral consent, the student may give consent in any way that the student is able to, and the consent shall also be documented immediately in writing by a representative of the office; or (3) disclosure is ordered by a court. B. The annual report required pursuant to Section 4 [28-16C-4 NMSA 1978] of the Special Education Ombud Act may be based on confidential information and may be published or furnished to the public, but the report shall not identify individual students directly or indirectly nor violate the privileged or confidential nature of the relationship and communications between the student and the office. History: Laws 2021, ch. 53, § 7. Effective dates. — Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
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