Rocky Mountain Education Connection

---

C O N N E C T I O N S

---

Articles by Homeschoolers The Best Books & Magazines Conferences, Regional Events and Classes Curriculum and More

Enter your search terms Web RMEC Submit search form

Little Known Fact:
If you order something (anything) new from Amazon while you're here, RMEC gets a teeny, tiny commission. So bless yer heart! Every little bit helps. :-)

Field Trips The Rookie Workshop for New Homeschoolers: ❖ Deschooling: The Mental Vacation You Didn't Expect ❖ The 4 Basic Homeschooling Styles ❖ Learning Styles ❖ What Else Counts as Curriculum? State Laws & Info Arizona, Colorado, Idaho, Montana, New Mexico, Utah, Wyoming Support

Advertise on RMEC





Fungasa, the magazine for African American homeschoolers.

Homeschooling Methods by Paul and Gena Suarez. Seasoned advice on learning styles and how to tell which homeschooling style fits you best.

If you like this site, please donate to help this single mom keep it online.

The best homeschooling information
from the friendliest folks in the Rocky Mountain region!

New Mexico Homeschool Law

Sponsored Links

Ask Tabitha
Wondering what neat homechool events are going on around the state?

New Mexico Department of Education
The official web site.

New Mexico Home School Procedure Manual (pdf)
Download all the legal requirements.

Support Groups in New Mexico
Families from all religions and walks of life gather together throughout the state.


New Mexico's Home School Operators' Procedure Manual


In 1985, amendments to Chapter 22 of New Mexico Statutes Annotated, (NMSA), 1978, provided a framework in which the right of parents to home school their children was recognized. On July, 1994, Senate Bill 202a, as enacted by the Legislature, and signed by Governor Bruce King, became effective. The Bill amended the definition of home school in Section 22-1-2 V, NMSA 1978, to read, "the operation by a parent, legal guardian or other person having custody of a school-age person who instructs a home study program that provides a basic academic educational program, including, but not limited, to reading, language arts, mathematics, social studies and science." The Bill also removed the requirement that a home school operator possess a baccalaureate degree or a waiver of the baccalaureate degree requirement by the State Superintendent of Public Instruction. The law was changed to require that a home school operator possess a high school diploma or its equivalent. The bill also amended the definition of private school to read, "a school offering (on-site) programs of instruction not under the control, supervision or management of a local school board, exclusive of home instruction offered by the parent, legal guardian or one having custody of the student."

The purpose of the Procedures Manual for Home School Operators in New Mexico is to provide parents, legal guardians, and local school district officials direction for implementing the 1994 legislation. Comments and/or questions specific to this document should be referred to the Management Support and Intervention Unit (MSIU) at the New Mexico State Department of Education (NMSDE), 300 Don Gaspar, Santa Fe, New Mexico 87501. The telephone number for MSIU is (505) 827-6909. Comments and/or questions specific to assessment and evaluation of home school students should be referred to the Assessment and Evaluation Unit at (505) 827-6524.

Section 22-1-2.1. Home School Requirements:

Any person operating or intending to operate a home school shall:

A. notify the superintendent of schools of the school district in which the person is a resident of the establishment of a home school within thirty days of its establishment, and notify the superintendent of schools of the school district on or before April 1 of each subsequent year of operating;

B. maintain records of student attendance and disease immunization and furnish such records to the superintendent of schools of the school district;
C. provide instruction by a person possessing at least a high school diploma or its equivalent;

D. test students annually to assess achievement according to the statewide and local school district testing programs as determined by the state superintendent. The home school child shall take such achievement tests at a time and place and in a manner consistent with the procedures established by the state superintendent.
Section 22-12-2. Compulsory School Attendance; Responsibility

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 [2-8-1 to 22-8-42 NMSA, 1978] until attaining the age of majority shall attend a public school, a private school, a home school or a state institution. A person shall be excused from this requirement if:

the person is specifically exempted by law from the provisions of this section;

the person has graduated from a high school;

the person is at least sixteen years of age and has been excused by the local school board or its authorized representative upon a finding that the person will be employed in a gainful trade or occupation or engaged in an alternative form of education sufficient for the person's educational needs and the parent, guardian or other person having custody and control consents; or with consent of the parent, guardian or person having custody and control of the person to be excused, the person is excused from the provisions of this section by the superintendent of schools of the school district in which the person is a resident and the person is under eight years of age.

B. A person subject to the provisions of the Compulsory School Attendance Law [22-12-1 to 22-12-7, NMSA 1978] shall attend school for at least the length of time of the school year that is established in the school district in which the person is a resident.

C. Any parent, guardian or person having custody and control of a person subject to the provisions of the Compulsory School Attendance Law is responsible for the school attendance of that person.


Section 22-12-7. Enforcement of Attendance Law; Penalty

A. Each local school board and each governing authority of a private school shall initiate the enforcement of the provisions of the Compulsory Attendance Law (Sections 22-12-1 to 22-12-7 NMSA, 1978) for students enrolled in their respective schools.

B. To initiate enforcement of the provisions of the Compulsory School Attendance Law, a local school board or governing authority of a private school or its authorized representatives shall give written notice by certified mail to or by personal service on the parent, legal guardian or custodian of a student subject to and in noncompliance with the provisions of the Compulsory Attendance Law.

C. If violations of the provisions of the Compulsory School Attendance Law continue after written notice as provided in Subsection B of this section has occurred, the student shall be reported to the probation services office of the judicial district where the student resides for an investigation as to whether the student shall be considered to be a neglected child or a child in need of supervision and thus subject to the provisions of the Children's Code.

D. If after review by the juvenile probation office of the Children's Court Division or by the district judge of the Children's Court Division where the student resides, a determination and finding is made that the nonattendance by the student may have been caused by the parent, guardian or one having custody of the student then the matter will be referred by the juvenile probation office or by the Children's Court Division of the district court to the district attorney's office, or any law enforcement agency having jurisdiction for appropriate investigation and filing of charges allowed under the Compulsory School Attendance Law.

E. A parent, guardian or one having custody of the student who, after receiving written notice as provided in Subsection B of this section and after the matter has been reviewed in accordance with Subsection D of this section, knowingly allows the student to continue to violate the Compulsory School Attendance Law shall be guilty of a petty misdemeanor. Upon the first conviction, a fine of not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100.00) may be imposed, or the parent, guardian or one having custody of the student may be ordered to perform community service. If violations of the Compulsory School Attendance Law continue, upon the second and subsequent convictions, the parent, guardian or one having custody of the student who knowingly allows the student to continue to violate the Compulsory Attendance Law shall be guilty of a petty misdemeanor and shall be subject to a fine of not more than five hundred dollars ($500.00) or incarceration for a period not to exceed six months or both.

F. The provisions of this section shall apply beginning July 1, 1987.


Section 24-5-1. Immunization Regulations

The Health Services Division of the Health and Environment Department 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. The immunizations required and the manner and frequency of their administration shall conform to recognized standard medical practice in the state. The Health Services Division shall supervise and secure the enforcement of the required immunization program. Immunization forms, including the Certificate of Religious/Conscientious Objection to Immunization form, can be obtained from the local school district, and/or the New Mexico Department of Health, Public Health Division, 1190 St. Francis Drive, Santa Fe, New Mexico 87502. The telephone number is (505) 827-2366.

Home School Procedures for Home School Operators

1. Complete, notorize and submit a Notification of Establishment of a Home School Form (SDE 542-99a) to the local public school district within thirty days of the establishment of a home school, and on, or before April 1 of each subsequent year. A new form must be completed, notarized and submitted for each year your children are homeschooled.

2. Provide the local public school district with a copy of your child's immunization record, or a religious/conscientious objection form, for each child to be taught. Forms can be obtained from the local school district and/or the New Mexico Department of Health, Public Health Division, 1190 St. Francis Drive, Santa Fe, New Mexico 87502. The telephone number for this agency is (505) 827-2366.

3. Provide the local public school district, a school calendar indicating instruction for at least the length of time of the school year that is established in the school district in which the person is a resident, in accordance with Section 22-12-2, NMSA, 1978.

4. Have your children tested in accordance with Section 22-1-2.1, NMSA, 1978, if they are in grades 4, 6, or 8. (Refer to page 5.)

5. Contact the local public school district to obtain information on the provision of Special Education services.

6. Provide written notification to the local public school district of any changes in the information provided in the Notification of Establishment of a Home School Form (SDE 542-99a).

7. Provide written notification to the local public school district in the event you move or cease to home school.

8. Obtain copies of local board policies addressing placement, transfer of credit and issuance of diploma from your local public school district.

9. Call 827-6702 for information relative to GED.


Home School Procedures for Public School Districts

1. Provide home school operators with a copy of the State Department of Education's Procedures Manual for Home School Operators in New Mexico which includes the Notification of Establishment of a Home School form (SDE 542-99a), and instructions for completing the form. (Please remind home school operators that they must notify the local school district of their intent to home school within thirty days of the establishment of the home school, and on or before April 1 of each subsequent year.)
2. Provide home school operators with information relative to state mandated testing for children who are home schooled in grades 4, 6, and 8 in accordance with Section 22-1-2.1, NMSA, 1978. (See page 5.)

3. Provide home school operators with copies of local board policies addressing placement, transfer of credits and issuance of diplomas.

4. Submit to the SDE, a backup file of the completed home school student data no later than November 15 of each school year. Submit the final backup copy of the student data no later than June 15 of the same school year. Both diskettes must be sent to the Management Support and Intervention Unit, New Mexico State Department of Education, 300 Don Gaspar, Santa Fe, New Mexico 87501.

5. Assign an ID number, specific to the school district, to home school students whose parents do not provide a social security number.

Reminder: Section 22-1-2.1, NMSA, 1978 states, "Any person operating or intending to operate a home school shall (A) notify the superintendent of schools of the school district in which the person is a resident of the establishment of a home school within thirty days of its establishment and notify the superintendent of schools of the school district on or before April 1 of each subsequent year of operation..."


Guidelines for Combining Instruction at Home and School

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.
Requests for approved family schools are submitted to the State Board of Education at the option of local school districts. For information regarding Family Schools, contact Jack McCoy at 827-6595; questions relative to home schools should be addressed to Michael Kaplan at 827-6909.


Completing and Submitting the Establishment of a Home School Form (SDE 542-99a)

Instructions for Home School Operators

1. Please print or type, and notorize Form 542-99a.

2. Submit the completed notification form to the superintendent of the school district in which you are a resident within thirty days of its establishment and, on or before April 1 of each subsequent year of operation. A new form must be completed every year a student is home schooled.

3. The term "school district" means the public school district, not the individual school, that your child(ren) has attended, or would attend if enrolled in a public school.

4. Submit the following documents to the local public school district superintendent:

Notification of Establishment of a Home School Form SDE 542-99a;
a copy of a school calendar indicating instruction for at least the length of time of the school year that is established in the school district in which the person is a resident, in accordance with Section 22-12-2, NMSA, 1978; and
immunization verification, or a certificate of Religious/Conscientious Objection.

Note: To ensure compliance with Section 22-12-1, Compulsory School Attendance, Submit written notification to the local public school district in the event you move or cease to home school.


Section 22-1-2 Definitions, NMSA, 1978

A. state board: the state board of education;

B. state superintendent: the superintendent of public instruction;

C. Department of Education: the state department of public education;

D. certified school instructor: any person holding a valid certificate authorizing the person to teach, supervise an instructional program, counsel, or provide special instructional services in the public schools of the state;

E. certified school administrator: any person holding a valid certificate authorizing the person to administer in the public schools of the state;

F. certified school employee: or "certified school personnel" is any employee who is either a certified school instructor or a certified school administrator or both;

G. non-certified school employee: any employee who is not a certified school employee;

H. certificate: a certificate issued by the state board authorizing a person to teach, supervise an instructional program, counsel, provide special instructional services or administer in the public schools of the state;

I. chief or director: the state superintendent or his designee unless the context clearly indicates otherwise.

J. private school: a school offering on-site programs of instruction not under the control, supervision or management of a local school board, exclusive of home instruction offered by the parent, guardian or one having custody of the student;

K. school district: an area of land established as a political subdivision of the state for the administration of public schools and segregated geographically for taxation and bonding purposes;

L. local school board: the governing body of a school district;

M. public school: that part of a school district which is a single attendance center where instruction is offered by a certified school instructor or a group of certified school instructors and is discernible as a building or group of buildings generally recognized as either an elementary, secondary, junior high or high school, or any combination thereof;

N. school year: a total number of teaching days offered by public schools in a school district during a period of twelve consecutive months;

O. consolidation: the combination of part or all of the geographical area of an existing school district with part or all of the geographical area of one or more contiguous existing school districts;

P. consolidated school district: a school district created by order of the state board by combining part or all of the geographical area of an existing school district with part or all of the geographical area of one or more contiguous existing school districts;

Q. state institution: the New Mexico Military Institute, the New Mexico School for the Visually Handicapped, the New Mexico School for the Deaf, the New Mexico Boys' School, the New Mexico Youth Diagnostic and Development Center/New Mexico Girls' School, the Los Lunas Hospital and Training Center, the Las Vegas Medical Center, the UNM Children's Psychiatric Hospital, or the Sequoyah Adolescent Treatment Center.

R. state educational institution: an institution enumerated in Article 12, Section 11 of the Constitution of New Mexico.

S. forty-day report: the report of qualified student membership of each school district and of those eligible to be qualified students but enrolled in a private school or a home school for the first forty days of school.

T. school: any supervised program of instruction designed to educate a person in a particular place, manner and subject area;

U. school-age person: any person who is at least five years of age prior to 12:01 a.m. on September 1 of the school year and who has not received a high school diploma or its equivalent. A maximum age of twenty-one shall be used for persons who are classified as special education membership as defined in Section 22-8-2 NMSA 1978, or as residents of state institutions;

V. home school: the operation by a parent, guardian or other person having custody of a school-age person who instructs a home study program that provides a basic academic educational program, including but not limited to reading, language arts, mathematics, social studies and science;

W. school building: a public school, an administration building and related school structure or facilities, including teacher housing, as may be owned, acquired or constructed by the local school board and as necessary to carry out the powers and duties of the local school board.


Memorandum: November 23, 1998

To: Superintendents, Test Coordinators, and Interested Parties
From: Michael J. Davis, State Superintendent of Public Instruction
Re: Home School Achievement Test Guidelines

One of the requirements in New Mexico Statute 22-1-2.1 is that any person operating a home school "shall test student annually to assess student achievement according to the statewide and local school district testing program as determined by the State Superintendent."
It is my intention that public school districts enforce this requirement in a manner that: (1) ensures the observance of valid testing procedures; (2) establishes a sound data base on the test performance of home school children; (3) provides accurate and useful information to home school operators regarding the performance of home school students; and (4) provides an optimum testing environment for home school students.

The enclosed guidelines are provided so that home school operators and school districts have a clear understanding of their role and responsibilities regarding achievement test.

There will be a training session for home school operators to help prepare them to administer the tests under the guidance of each school district testing office. This year it will be held in Albuquerque at the APS/TVI Board room (Smith-Brasher, Room 100), at the corner of University Blvd. And Coal Avenue SE, on Wednesday, February 10, 1999, from 1:30 to 3:30 P.M. School district personnel who would like assistance in training home school operators should attend this meeting, as well as any home school operators in the area who are interested in the training.

The enclosed guidelines refer to a cost per student. This year, the cost of materials and scoring for each home school student is about $9.00. The guidelines also make reference to other costs associated with testing home school students.

If you have any questions regarding the implementation of achievement testing guidelines for home school students, please contact the Assessment and Evaluation Office at the State Department of Education Building, Santa Fe, New Mexico, 87501-2786, phone number (505) 827-6524.

MJD/PSR/mv

Enclosure

cc: Kurt Steinhaus
Patricia Rael
Sally Rynott
Management Team
Assessment & Evaluation Staff


New Mexico Home School Achievement Test Guidelines

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.



This page updated 06/2007