The Authority Gap Project
Documenting juvenile rights, disability safeguards, school-police accountability, and procedural documentation in New Mexico.
What this project does
The Authority Gap Project is a procedural-rights archive, not a complaint site. It focuses on documentation standards, evidence integrity, and procedural accountability in New Mexico's juvenile justice and school discipline systems.
"The Authority Gap is the measurable distance between documented authority (statutes, policies, procedures) and documented actions (case records, emails, video logs). When agencies exercise authority without documentation, or document actions that contradict stated authority, an 'authority gap' exists."
The Authority Gap
The Authority Gap is the distance between authority that is clearly documented and authority that is actually exercised. In New Mexico's juvenile and school systems, this gap appears when:
- Policies exist but aren't followed – Statutes mandate notice, but notice is not provided.
- Actions occur without documentation – Discipline is applied, but no record is filed.
- Documentation contradicts policy – Records show procedures that differ from stated law.
- Evidence is incomplete – Key decisions lack supporting documentation or continuity.
Example: A student qualifies for Section 504 protections, but school records lack documented notice of rights or evidence of an individualized assessment before discipline. This is an authority gap.
New Mexico Juvenile Rights
New Mexico law gives children enhanced protections in delinquency matters. The most critical are notice, counsel, and appeal.
Notice of Rights
NMSA § 32A-2-14 requires that children be informed of their rights before any custodial interrogation or police contact.
Right to Counsel
NMSA § 32A-2-1(B) guarantees legal representation. Waiver requires a specific on-the-record statement.
Procedural Fairness
NMSA § 32A-1-1 establishes the best-interest standard for all juvenile proceedings.
Appeal Rights
NMSA § 32A-1-28 allows appeal of all delinquency adjudications and dispositions.
School-Police and Student Rights
When school discipline becomes law enforcement contact, student rights must be respected. SROs (School Resource Officers) remain police, even in school buildings.
| Scenario | Key Requirement | Documentation Standard |
|---|---|---|
| Student arrested at school | Miranda rights (if custodial interrogation) | Police report with timestamp and read-back of rights |
| School calls police for non-felony conduct | Parent notification before police involvement | School log with date, time, parent contact record |
| SRO conducts pat-down search | Reasonable suspicion (not just school discipline) | Police report detailing basis for search |
| Student refuses to answer questions | Right to remain silent is absolute | Police notation of invocation and compliance |
Disability Rights and Discipline
Students with IEPs or Section 504 protections do not lose their rights when police are involved. IDEA and the ADA place special obligations on schools and law enforcement.
- Prior written notice – Before any changes to placement or services.
- Manifestation determination – Before discipline that constitutes a change in placement.
- Functional behavioral assessment – If conduct is related to disability.
- Police coordination – Schools cannot use police contact to circumvent IDEA protections.
Example: A student with autism and IEP is arrested after refusing to follow a school staff instruction. The arrest does not eliminate the school's duty to conduct a manifestation determination or to document the nexus between the student's disability and the conduct.
Evidence Continuity
This section tracks documentation concerns involving released footage, bodycam segments, email chains, police reports, school records, and case files. Continuity failures undermine accountability.
Video Redaction
Bodycam or school footage released with discrepancies (audio delay, missing segments, or unexplained edits).
Record Gaps
Police report omits details from email correspondence or contradicts school incident log.
Timeline Breaks
Events are documented out of sequence or with conflicting timestamps.
Custody Documentation
Unclear transition of custody or communication between school, police, and family.
Source-Indexed Timeline
The timeline is structured as evidence indexing, not narrative storytelling. Each entry links to source documents (statute, email, report, video log, etc.).
Timelines in this project prioritize:
- Chronological accuracy – Dates and times verified against source documents.
- Source attribution – Every entry cites the specific record it came from.
- Procedural triggers – Timeline notes when legal obligations (notice, counsel, assessment) were triggered.
- Gap identification – Timeline highlights missing documentation or contradictions.
Case Study Framework
This project reviews procedural documentation through source comparison, timeline analysis, correspondence review, and public-record structure.
Statutes, policies, emails, logs, reports, and documented communications.
Chronological organization of events and procedural activity.
Comparison between documented safeguards and documented actions.
Identification of unresolved procedural or documentation issues.
Tone and Risk Checklist
Public wording guidance for keeping the project procedural, documented, and defensible.
Do:
- Reference statutes and policies explicitly.
- Link every claim to a source document.
- Use neutral language ("documented," "recorded," "reported").
- Highlight gaps in documentation as the central issue.
Don't:
- Speculate about intent or motive.
- Use inflammatory language ("abuse," "cover-up").
- Make conclusions beyond the documented record.
- Attribute decisions to individuals without documentation.
Goal: Let documentation speak for itself. Readers should see the gap before the analysis begins.
Support the Work
The Authority Gap Project is maintained by advocates and researchers focused on procedural accountability. There are several ways to contribute:
What we need:
- Public records: Statutes, policies, emails, police reports, school records.
- Documentation analysis: Timeline construction, record comparison, gap identification.
- Research support: Legal background, procedural expertise, advocacy networks.
- Case submissions: Examples of authority gaps in New Mexico juvenile justice or school discipline.