New Mexico Law

Recent Changes to NM Law

Senate Bill 158

Homeschool notification has been changed from April 1 to August 1.

Senate Bill 44

While a GED is not required for homeschool students to graduate from homeschool, some employers and universities may require it. For legal purposes, the New Mexico Legislature agreed to change all variations of this test to read “High School Equivalency Credential.” Please take not of this change.

Senate Bill 153

If a homeschool student takes one or more classes, the school district may use that program unit for funding calculations. The eligibility and enrollment of a homeschool student to a public school class is determined by the school district.

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Current NM Statutes Regarding Home School

New Mexico Statutes Annotated 22-1-2.1

A. Submit a home school registration form made available by the department and posted on the department’s web site to notify the department within thirty days of the establishment of the home school and to notify the department on or before August 1 of each subsequent year of operation of the home school;

B. Maintain records of student disease immunization or a waiver of that requirement; and

C. provide instruction by a person possessing at least a high school diploma or its equivalent.

Two Ways to Notify

New Mexico Public Education Department

Establishment of a Homeschool Notification

New Mexico Homeschool Freedom History

Between the advent of compulsory attendance laws and before 1985, families who chose to home school were outside the law. They chose to face the possibility of prosecution.

The first home school law was passed after intense lobbying by brave families who risked identification and potential prosecution in order to establish home education as a legal option. Parents were required to have at least a bachelor’s degree or request a waiver, to notify the State Superintendent of Public Instruction of their intent to home school, to provide a calendar of 180 school days annually, to submit their children to the public school system for testing, and to submit a record of immunizations or a waiver.

In 1993, home school testing requirements were changed to allow supervised administration by home school operators, at sites other than public schools.

The baccalaureate requirement was dropped in 1993 as well, allowing parents with high school diplomas or GEDs to school their children at home without applying for a waiver.

In 1996, instead of submitting children for testing, home school families could submit test scores instead, using alternate testing options.

The year 2001 marked a new home school law, with no mandatory testing, and no required submission of a calendar of days or records of vaccination. It is recommended that such records be kept and available.

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