Issued by the New Mexico State Department of Education, this Procedures Manual for Home School Operators in New Mexico is intended to provide parents, legal guardians, and local school district officials direction for implementing the legislation regulating home education. This link goes to an html file.

Issued by the New Mexico State Department of Education, this Procedures Manual for Home School Operators in New Mexico is intended to provide parents, legal guardians, and local school district officials direction for implementing the legislation regulating home education. This link goes to a Word file, requiring MS Word to view.

An advisory group concerned with educating people about the need to eliminate government involvement in education and the rights of parents to educate their own children. On this site, you will find a public proclamation for the separation of school and state, which you can sign.

Families homeschooling for the first time inevitably have questions about legal challenges or threats that they might face from local or state education authorities. Those who do seek an answer to these questions are often faced with a confusing array of laws, policies, and regulations that not only vary from state to state, but also between school districts, and school officials within the same state or district.

There is a national campaign to institutionalize all preschoolers through government funded and/or mandated "universal preschool." This group seeks to redefine universal preschool as an unheralded worldwide community of loving, functional parents who exercise their right and authority to nurture and teach their young children at home.

The Home School Legal Defense Association is a non-profit advocacy organization established to defend and advance the constitutional right of parents to direct the education of their children and to protect family freedoms. HSLDA offers annual memberships and fully represents member families when they are in need of legal assistance. HSLDA also participates in legislative advocacy and research.

As their ranks increase, homeschoolers are tapping public schools for curriculum, part-time classes, extracurricular services, and online learning.

In Pierce v. Society of the Sisters, the U.S. Supreme Court ruled that "the fundamental theory of liberty upon which all governments of this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the creature of the state."

The general assembly hereby declares that it is the primary right and obligation of the parent to choose the proper education and training for children under his care and supervision. It is recognized that home-based education is a legitimate alternative to classroom attendance for the instruction of children and that any regulation of nonpublic home-based educational programs should be sufficiently flexible to accommodate a variety of circumstances. The general assembly further declares that nonpublic home-based educational programs shall be subject only to minimum state controls which are currently applicable to other forms of nonpublic education.

This is a list of states that have addressed issues of homeschooler participation in public school classes, sports, activities, etc.

Virtual charter schools are popping up all over the country, providing free computers, textbooks and educational materials to any family who would like to enroll in their program. Jennifer James takes a hard look at how these schools are detrimental to black homeschoolers.

Students who are in a registered home school, as provided in Section 22-1-2.1, NMSA, 1978, may also attend public schools if the local school district wishes to provide such an option to home school students. However, in order for home school students to be claimed for state funding purposes by a local school district, state law requires that students be "regularly" enrolled in one-half or more of the minimum course requirements approved by the State Board of Education....&uot; Section 22-8-2.M, NMSA, 1978.
     In reference to the law cited above for students in grades 1-8, we generally interpret "one-half or more" to mean that the student attends the public school for at least 50% of the required instructional time as specified in law, Section 22-2-8.1, NMSA, 1978. Minimum course requirements are also defined in law, Section 22-2-8.3, A-F, NMSA, 1978, for grades 1-8.
     For high school students, grades, 9-12, we interpret Section 22-2-8.4, NMSA, 1978, to require a planned course of study for all students leading to graduation. Relatedly, students should be enrolled in state required courses and approved electives leading to the fulfillment of graduation requirements.
     Home school students who are also qualified public school students are subject to rules, regulations, rights, and policies that apply to public schools while attending the public school. While simultaneously participating as a home school student and a public school student, students may receive school credit for course work successfully completed through public school instruction, but not for instruction provided at home. Public schools are strongly encouraged to address any liability-related issues that may apply regarding service to home school students.
     Students may also combine school instruction with home instruction in "Family Schools." Family Schools are programs that are approved by both the local and state boards of education as provided for under the Collaborative School Improvement Programs Act, Section 22-5-5.6, NMSA, 1978. Family school students are not registered home school students. They are qualified public school students enrolled in an alternative education program as approved by the State Board of Education. Because of the waiver authority available to the State Board of Education under the Collaborative School Improvement Programs Act, students in family schools may receive credit for instruction provided both at school and at home.

National Home Education Legal Defense was founded by Attorney Deborah G. Stevenson as a non-sectarian legal support organization. NHELD offers its members legal assistance by an attorney licensed to practice in your state working with NHELD licensed attorneys. Members are also kept apprised of pending legislative action, scholarship programs, and other programs beneficial to homeschoolers.

Colorado Department of Education has compiled information regarding home education in the state. Includes information about getting started homeschooling, subjects to teach, attendance requirements, recordkeeping, assessment and evaluations, and resources. 

While many parents may not have the opportunity to influence legislation regarding home education on the state level, there are ways to be involved on a local level.

Extracurricular and interscholastic activities. Notwithstanding any other provision of this article, each school district and each public school, subject to the requirements of this section, shall allow any student enrolled in a school or participating in a nonpublic home-based educational program to participate on an equal basis in any activity offered by the school district or the public school that is not offered at the student's school of attendance or through the student's nonpublic home-based educational program. A school district or school shall not adopt or agree to be bound by any rule or policy of any organization or association that would prohibit any participation allowed by this section. Each nonpublic school may allow a student to participate in a particular activity offered by the nonpublic school, at the nonpublic school's discretion.

This list is an opportunity for homeschoolers to contact homeschooling attorneys and experts about homeschooling legal and litigation issues. It is an informal network of attorneys and legal experts that are concerned with litigation pending and threatened against homeschoolers. Its primary purpose is to exchange legal information within the profession, and to educate and support attorneys and experts involved in homeschool litigation.

A list of requirement for public school districts in relations to homeschoolers in their district.

Any person operating or intending to operate a home school shall:
A. within thirty days of its establishment, notify the state superintendent of the establishment of a home school within thirty days of its establishment and notify the state superintendent in writing on or before April 1 of each subsequent year of operation of the school district from which the home school is drawing students;
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.

An overview of the the legal aspects of homeschooling in New Mexico, provided by the New Mexico Public Education Department.

A look at the statutes governing homeschooling in Colorado, provided by Christian Home Educators of Colorado (CHEC). This explanation details the three options to homeschool your children in the state of Colorado. 

The Home School Legal Defense Association provides a brief summary of the homeschooling laws in Colorado. Includes a link to a legal analysis of laws relating to homeschooling in Colorado.

The public health division of the department of health shall, after consultation with the state board of education, promulgate rules and regulations governing the immunization against diseases deemed to be dangerous to the public health, to be required of children attending public, private, home or parochial schools in the state ...

Online access to complete text of Colorado statutes. Those pertaining to home education include: 22-33-104 (Compulsory school attendance); 22-33-104.5 (Home-based education - legislative declaration - definitions - guidelines); 22-7-409, 1.2-d-III (Assessments); and 22-32-116.5 (Extracurricular and interscholastic activities).

Although a credit or deduction could be helpful for homeschoolers, HSLDA opposes any tax break legislation that could come with governmental regulations. Homeschoolers have fought far too long and much too hard to throw off the chains of government regulation that hinder effective education and interfere with liberty. It would be inconsistent and foolhardy to accept tax incentives in exchange for government regulation. However, HSLDA supports tax credits that promote educational choice without threatening any regulation of homeschoolers. - See more at: http://nche.hslda.org/docs/nche/000010/200504150.asp#sthash.tvLv2ItR.dpuf

This is a list of tips for effective lobbying. Includes ways to lobby, things you can do now, and how to connect with other lobbyists.

Do the public school authorities feel threatened by homeschooling? Judging by their efforts to lure homeschooling families into dependence on local school districts, the answer is apparently yes. For the last several years, homeschooling has been the fastest growing educational alternative in the country. The sheer number of homeschoolers represent a distinct threat to the hegemony of the government school monopoly. Qualitatively, the academic success of homeschoolers, measured by standardized test scores and recruitment by colleges, debunk the myth that parents need to hire credentialed experts to force children to learn.

Compulsory school attendance in the state of Colorado. 

A. Any qualified student and any person who because of his age is eligible to become a qualified student as defined by the Public School Finance Act [Chapter 22, Article 8 NMSA 1978] until attaining the age of majority shall attend a public school, a private school, a home school or a state institution ...

A. Any minor child through his parent or guardian may file with the health authority charged with the duty of enforcing the immunization laws:
(1) a certificate of a duly licensed physician stating that the physical condition of the child is such that immunization would seriously endanger the life or health of the child; or
(2) affidavits or written affirmation from an officer of a recognized religious denomination that such child's parents or guardians are bona fide members of a denomination whose religious teaching requires reliance upon prayer or spiritual means alone for healing; or
(3) affidavits or written affirmation from his parent or legal guardian that his religious beliefs, held either individually or jointly with others, do not permit the administration of vaccine or other immunizing agent.
B. Upon filing and approval of such certificate, affidavits or affirmation, the child is exempt from the legal requirement of immunization for a period not to exceed nine months on the basis of any one certificate, affidavits or affirmation.

Twenty years ago, home education was treated as a crime in almost every state. Today, it is legal all across America, despite strong and continued opposition from many within the educational establishment. How did this happen? This paper traces the legal and sociological history of the modern home school movement, and then suggests factors that led to this movement's remarkable success.

Issued by the New Mexico State Department of Education, this Procedures Manual for Home School Operators in New Mexico is intended to provide parents, legal guardians, and local school district officials direction for implementing the legislation regulating home education. This link goes to a pdf file, requiring Adobe Reader to view.

CAPE Action monitors federal legislative proposals with the help of the National Center for Home Education. Communication with New Mexico legislators enables them to keep current with state issues. They maintain an e-mail network to “get the word out” quickly when lobbying is necessary. CAPE encourages home school families to be active, involved and praying citizens.

Recognition of April 8, 2005, as Home Education Day in Colorado.

The "We Stand for Homeschooling Statement and Resolution” is a grassroots effort created by an ad hoc group of homeschoolers from all over the United States. The list of original signers includes homeschoolers and their allies from diverse religious, political and philosophical perspectives. The list is also geographically diverse. This statement addresses the issue of state control of homeschooling and the growing movement of using government funding to run emerging educational programs. You can read the statement and add your name to it at this website.

The Home School Legal Defense Association provides a brief summary of the homeschooling laws in New Mexico. Includes a link to a legal analysis of laws relating to homeschooling in New Mexico.

Homeschoolers have been vigilant in protecting their rights, rising to the occasion when they discover threats to clamp down on their activities. Discusses some of the criticisms by opponents of homeschooling, along with the examples of some legal fights in Connecticut and Montana.

AHSA is an informal network of attorneys and legal experts in the United States supporting homeschooling and homeschoolers by providing legal information about homeschooling issues, empowering homeschoolers to have the legal tools they need to meet homeschooling challenges, and providing a network of attorneys for legal representation. The website includes a legal directory by state.

A summary of the laws regulating home education in New Mexico, provided by Homeschooling PACT, Parents and Children Together.

A list of questions and answers about homeschooling in New Mexico, provided by the New Mexico Public Education Department, Alternative Education Unit.

I. Each School District is Responsible for the Following:
A. MUST arrange a place and time for testing home school students. The location may be outside the school building. The time must be within the state testing timeframe. Notification of the time and place must be provided to all home school operators by January 30.
B. MUST allow trained home school operators to be test administrators for home school students. When a home school operator(s) is unavailable or not interested, trained school personnel will administer the test. Home school operators other than the test administrator may be present to serve as proctors provided their presence does not disrupt the testing environment. Local school districts will provide training to home school operators on administering the test. The administration of the test to home school students must be monitored at the testing site by paid school employees during their regular working hours. (No more than 30 students should be grouped together for testing with one test administrator and one or two proctors.)
II. Each Home School Operator is Responsible for the Following:
A. Meeting the requirement of public school code: "Test students annually…as determined by the State Superintendent." (S-22-1-2.1)
B. Notifying the appropriate school staff if the student is unable to attend the scheduled testing.
C. Arranging with the school district an appropriate time and place for makeup testing.
III. General Guidelines:
A. All home school children in grades 4, 6, and 8 are required to participate in the state mandated New Mexico Achievement Assessment Program. This assessment is the only norm-referenced achievement test administered statewide to public school students which provides comparability information using national norms. No other statewide testing is required for home school student (The home school students will participate in the norm-referenced CTBS 5/TERRANOVA SURVEY PLUS only, and may opt to take all subjects or just the Reading/language and Mathematics tests within the battery).
B. If a school district assesses a fee, it is recommended that the fee not exceed the contractor's per student cost. Any additional costs associated with a special administration should be reasonable and justifiable.
C. Individual student score reports should be provided to the home school operator for each home school student who is tested.
D. Test answer sheets of home school students in grades 4,6, and 8 taking the required tests will be scored by the test contractor designated by the State Department of Education.
E. Home school students enrolled in grades 4, 6, and 8 who do not test and who are not exempt will be reported to the State Department of Education by the end of the school year. The Department will notify the local school district that the home school operator is in violation of the Statute 22-1-2.1 and the Compulsory School Attendance Law (S-22-12-1). In this event, school district policy should be followed as in the case of any other student who is in violation of this statute.
IV. Optional Testing Procedures
A. Home school operators with student enrolled in grades 4, 6, or 8 may elect to use the Bob Jones University Press (BJUP) testing service instead of testing their students through the New Mexico public schools. BJUP does not offer the CTBS tests. Therefore, the home school operator should request the Iowa Test of Basic Skills, Form L. It is the home school operator's responsibility to make these arrangements and to pay for this service. (By calling 1-800-845-5731 and asking for Customer Service, you may obtain detailed information.)
B. If using the BJUP testing service, it is the responsibility of the home school operator to notify the local school district testing office no later than January 15. This will help staff plan and budget for the year.