The New Mexico Public Education Department (NMPED) Never Seems to Give Up

We encourage you to watch TJ Schmidt from HSLDA as he explains how the NMPED misinterprets HB 130 which was signed into law last year.

CAPE is requesting that you send an email to the NMPED Director, Options for Parents & Families | Charter Schools Division (Corina Chavez) at PED.HelpDesk@ped.nm.gov, opposing the attempt to apply public school instructional hours to homeschool programs.  In the opinion of CAPE-NM and Home School Legal Defense Association (HSLDA), Section 22-2-8.1 NMSA 1978 does not apply to homeschool programs.  We are requesting that the NMPED immediately remove the references to instructional hours from any homeschool portion of their website or form.  Essentially, we are asking that the NMPED update the hard copy form posted on their website to indicate that homeschool students only need to teach a number of days, not hours.

Below is a history of the interactions.

• On March 16, 2023, the Governor of New Mexico signed into law HB 130.
• June 6, 2023, CAPE-NM reached out to NMPED to discuss any changes to the homeschool notification form, and the following day the NMPED indicated that no changes would be made to the notification form.
• Sometime in early July 2023, the NMPED updated their website to remove the notification form and replace it with a new notification form. The old form used to say “Every home school student is subject to the provisions of the Attendance for Success Act and is required to attend home school for at least the length of time of the school year that is established in the local school district, which is generally based on a 180-day school year. (Section 22-12-2 (B) NMSA 1978)
• The updated form now indicates:
• 180 days is required for schools on a five-day week calendar. Please see House Bill 130 (2023).
• All students, including homeschool students, shall attend school for a minimum of 1,140 instructional hours per year, except for half-day kindergarten students, who shall attend school for 550 hours per year. (Section 22-2-8.1 NMSA 1978).  Please also see House Bill 130 (2023).
• July 31, 2023, HSLDA sent a letter to NMPED requesting that NMPED immediately remove the references to instructional hours or House Bill 130 from any homeschool publication or form.
• September 1, 2023, CAPE-NM spoke with the NMPED Homeschool & Federal Programs Administrator, and the response was that she has written an email to NMPED Director, Options for Parents & Families | Charter Schools Division asking for her input on the HSLDA letter sent to the NMPED on July 31, 2023.
• On September 28, 2023, the NMPED responded to CAPE-NM and indicated that the NM Office of General Council (OGC) interpreted Section 22-2-8.1 NMSA 1978 and they believe that this section applies to homeschool programs.  The NMPED still has not provided an official response to the letter that HSLDA dated July 31, 2023, sent to the NMPED.  CAPE-NM then requested an informal meeting with the NMPED and representatives from the NM OGC in November of 2023.
• October 9, 2023, CAPE-NM received a phone call from NMPED indicating that CAPE-NM should be receiving a response from the NMPED soon regarding the HSLDA letter. The NMPED indicated that they had forwarded CAPE-NM’s request for a meeting with the OGC and that they would let us know their response.
• December 26, 2023, CAPE-NM sent an email to NMPED upon review of the Hard Copy notification form located on the NMPED website indicating the following: “We’ve noticed that the form still indicates that homeschool students are required to obtain a minimum of 1,140 instructional hours per year. As indicated in my email below dated September 28, 2023, we are requesting an informal meeting with you and representatives from the NM OGC.”
• December 29, 2023, CAPE-NM once again requested a meeting with NMPED and OGC. NMPED once again said at this point, homeschool families are expected to provide 1,140 hours of instruction.
• January 3, 2024, CAPE-NM received an email from the NMPED that they were meeting that day to prepare for a meeting with CAPE-NM. They indicated that, once they had their ducks in a row, they should be able to set a date and time.
• February 1, 2024, CAPE-NM met with the Home School & Federal Programs Manager, Options for Parents & Families Division from the NMPED. The NMPED representative indicated that the NM OGC sees no reason to meet with CAPE-NM as there is a clear difference of opinion.
• May 2, 2024, NMPED updates their website to show that, “except as otherwise provided in this section, students shall be in school programs, exclusive of lunch, for a minimum of one thousand one hundred forty instructional hours per year, except half-day kindergarten, which shall have five hundred fifty instructional hours per year.

It is clear that the NMPED is going to apply the hour requirements that were clearly meant for the public-school students to homeschool students. CAPE is requesting that you send an email to the NMPED Director, Options for Parents & Families | Charter Schools Division (Corina Chavez) at PED.HelpDesk@ped.nm.gov, opposing the attempt to apply public school instructional hours to homeschool programs.