More and more families are choosing to homeschool their children. Some parents want control over their children's education, while others are dissatisfied with the public school curriculum. There are also those who homeschool for religious reasons or because it fits better with their lifestyle.
In New Mexico, parents have the freedom to homeschool their children as long as they follow state laws and regulations. However, complications may arise when dealing with the school district or local government, and even a small mistake can have serious consequences.
At the Lento Law Firm, we provide assistance to homeschool families facing legal challenges. We are committed to protecting your right to homeschool and will handle any interactions with school or government officials on your behalf. Contact us at 888-535-3686 to schedule a consultation or fill out our contact form, and one of our team members will get in touch with you.
New Mexico Homeschool Laws and Regulations
New Mexico gives parents several options for educating their children other than traditional public school. Home school, according to New Mexico law, is “the operation by the parent of a school-age person of a home study program of instruction that provides a basic academic educational program, including reading, language arts, mathematics, social studies, and science.” Your curriculum doesn't have to be approved by the New Mexico Public Education Department (NMPED), either. You just have to provide instruction in the five primary subjects mentioned previously.
If you intend to homeschool your child, you must notify NMPED on or before August 1 of every school year. If you're homeschooling your child for the first time, you have to notify NMPED within 30 days of starting your home school.
Once you officially start homeschooling, you have full responsibility for your student's education, including purchasing grade-appropriate educational materials. NMPED doesn't provide any teaching materials to homeschool programs.
In addition to the NMPED notification requirements for homeschooling mentioned above, you must also meet the following criteria for homeschooling in New Mexico:
- You must be the student's parent or legal guardian
- You must maintain records of your student's immunizations or an approved waiver form
- You must affirm that the person instructing the child in the home has at least a high school diploma or GED
Once you register your homeschool and renew it every year, you should be able to keep a certificate from NMPED on hand to validate your homeschool. It's important to hold on to every document associated with your home school for every year that you do it so you have a paper trail. That way, if the local school board tries to complain about your home school or stop its operation, you have all the documentation needed to back up your claims. The Lento Law Firm's Education Law Team can also be an indispensable resource for your family if the school board gives you trouble. We're ready to assist you with any legal challenges you might face with your home school.
Homeschooling and Attendance Requirements in New Mexico
All children who are at least five years old before September 1 of the school year must attend school in New Mexico. They must also attend if they haven't received a high school diploma or equivalent or they haven't reached their twenty-second birthday on the first day of the school year.
Nothing in New Mexico law prevents you from starting your homeschool program before your child reaches legal school age. You can begin instruction when your child is three or four years old if you choose. Once they turn five in time for a new school year, you can continue this education, but you'll have some reporting and documentation requirements.
The required number of hours for each school year is 1,140, excluding lunch. These instructional hours include:
- A school program in accordance with New Mexico standards
- Enrichment programs that focus on problem-solving and cognitive skills development
- Content that provides technical knowledge, skills, and competency-based applied learning
- Research- or evidence-based social, emotional, or academic interventions
Your local school board might try to question your instructional program or claim that you don't provide the required number of hours to your student. For this reason, it's important to keep records for your homeschool. If your school district disputes your right to homeschool your child or asks to see additional documentation that isn't normally required, you should contact the Lento Law Firm. Our Education Law Team can help you stand up to your school board and demonstrate that your homeschool program is legally compliant with NMPED's rules.
Qualifications for Homeschool Teachers in New Mexico
There are very few qualifications for homeschool teachers in New Mexico. You must have a high school diploma or equivalent, and you must be the student's parent or legal guardian. However, you are allowed to employ someone else to provide instruction in a particular subject (like a tutor).
Homeschool programs that group children from multiple families together aren't legally recognized in New Mexico, as you can't allow someone who isn't your child's parent or guardian to take full responsibility for their instruction. You can network with other homeschool families and swap resources. You can also hire an instructor for certain school subjects. But you alone must remain responsible for notification, immunization records, and managing the home school.
If a local school official tries to claim that your credentials aren't valid or that you aren't following New Mexico law concerning education in the home, you shouldn't try to take them on alone. It's likely the school administrator is interpreting the law incorrectly. To build a solid, legally sound defense against their claims, you should work with the Education Law Team at the Lento Law Firm. We're familiar with New Mexico homeschooling laws, and we'll be able to help you stand up to school officials who overstep their bounds.
High School Diplomas for Homeschoolers in New Mexico
Homeschooled students don't automatically receive a high school diploma at the end of their educational program. If you create a certificate for your child stating that they completed the 1,410 instruction hours for grades K-12, it won't be recognized as a high school diploma by NMPED. If you want your child to have a recognized diploma, you have two options:
- Transfer back to traditional public or non-public school prior to graduation and complete the state's graduation requirements. Your student may have to take assessments or demonstrate competency to transfer their homeschool credits to their traditional school prior to graduating.
- Have your student take a high school equivalency exam, such as the General Education Development (GED) credential. Students are eligible to take an equivalency exam from age 16.
Post-secondary institutions in New Mexico aren't allowed to discriminate in their admissions requirements, though, and may not require your student to provide proof of a high school diploma equivalent. As long as your student has completed the educational requirements for your home-based program and has submitted test scores that otherwise qualify them for admission, they shouldn't have trouble applying to colleges in New Mexico.
Extracurricular Activities for Homeschooled Students in New Mexico
Your child should be able to participate in sports and extracurricular activities at your local public school, even if your child is homeschooled. However, the school district has the right to verify your child's academic eligibility to participate in the activities. Homeschooled students are allowed to take part in up to three school district activities at the same time. Under New Mexico law, “activities” means athletics, co-curricular, and extracurricular activities sanctioned by the New Mexico Activities Association.
State law also allows homeschooled students to take one or more classes at public schools in the attendance zone in which they reside. Your child can also take classes at a public school outside your attendance zone if they meet certain requirements.
Dealing with the school district can be tricky when you want your child to participate in activities. The local school board has a right to set academic standards for participation in these activities, meaning that students must maintain satisfactory grades in their coursework to be eligible. If the school decides your child's grades aren't adequate, they could deny their participation in sports or clubs based on academic requirements. For this reason, it's crucial to give your child grades on their work and keep a transcript. If you have this documentation ready, you can prove to school districts that your child's academic performance is satisfactory enough to participate in sports.
If the district still tries to prevent your child from joining in school activities, you should work with the Education Law Team at the Lento Law Firm. We help homeschool families stand up to school boards that take their authority too far or misinterpret the law for their own benefit.
Homeschool and Special Education in New Mexico
If you decide to homeschool a child with disabilities, you don't need to follow any additional regulations in New Mexico. You just need to meet the standard homeschooling requirements. When it comes to designing your curriculum and education program, you have full control over how to accommodate your child's special needs.
However, you also have full responsibility for their education—you won't get help from your local school district. New Mexico school districts are required to identify any children residing within their geographic boundaries who are eligible for special education, including homeschooled children. School districts don't have to provide free special education services to homeschooled students, though.
Special education law is complex, as it involves federal and state legislation. It becomes even more complicated when it crosses with homeschooled students. As a parent, you likely don't understand which services your child can access if you want to homeschool them. Many parents take it upon themselves to design a special education program, and indeed, many parents choose homeschooling so they can better adapt their child's education to their needs. You should still understand what your rights are, though, when it comes to running a homeschool program for your child with a disability. At the Lento Law Firm, we can help you stand up to school superintendents and administrators who try to impose restrictions on you because you're homeschooling your special needs child.
Testing Requirements for Homeschooled Students in New Mexico
Homeschooled children in New Mexico aren't required to participate in annual standardized testing. You can choose to have your children participate, though, if you wish. You'll have to search for a third-party testing company, as NMPED doesn't provide any standardized testing resources to homeschool families. Local school districts also aren't required to allow homeschooled kids residing in the district's boundaries to come to take standardized tests at the school.
Remember that standardized testing is completely up to you as a homeschool parent. No one from NMPED or the local school board can force you to enroll your child in standardized testing. If someone tries to tell you otherwise or attempts to file a complaint about your home school over standardized testing, the Lento Law Firm's Education Law attorneys can help you out.
Defending Homeschool Families in New Mexico
As the popularity of homeschooling continues to rise in New Mexico, families may encounter various difficulties, such as fulfilling legal requirements, addressing concerns about social interaction, and obtaining necessary educational materials. It's crucial for homeschooling families to be proactive in overcoming these challenges.
At the Lento Law Firm, our Education Law Team is available to offer the necessary guidance on homeschooling rights and to represent you in any disputes with governing bodies. We're dedicated to helping you protect your decision to homeschool.
Our lawyers can assist you in understanding compulsory education laws, adapting to regulatory changes that may affect homeschoolers, and handling issues from local authorities. We'll protect your interests and advocate on your behalf.
Reach out to us today to discover how we can support your homeschooling rights. Contact us at 888-535-3686 or by completing our online contact form.
