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New Mexico homeschooling laws

New Mexico is considered by homeschoolers as one of the easier states in which to homeschool. Only one piece of paperwork is required, which can be filled out online. Other record-keeping is minimal and not required to be submitted to the Secretary of Education.

The following summary of our state's homeschooling laws is for information purposes only. It isn't intended as legal advice. For more information, refer to the Home School Operators Procedures Manual at the New Mexico State Department of Education.

If your questions are not answered here, you may also want to check our homeschooling FAQ (frequently asked questions).

Notice given to New Mexico Secretary of Education

Within 30 days of establishing a home school (that is, when you begin homeschooling your child), you need to file a notification form with the Secretary of Education. Thereafter, you must refile by April 1 for each year that you continue homeschooling. Here are some examples:

If you remove your child from school on December 1, you need to file a notification form by December 31. By April 1 of the following year, you need to re-file the form if you intend to continue homeschooling for the next school year.
If you decide to start homeschooling your child on September 1, you need to file the notification form by October 1. By April 1 of the following year, you need to re-file the form if you intend to continue homeschooling for the next school year.

You won't get a reminder from the state to file the notification form on April 1 every year. You'll need to remember that yourself!

Homeschool record-keeping

The notification form described above is the only paperwork required to homeschool in New Mexico. No attendance records, vaccination records, academic records, or achievement test scores are required to be submitted to the Secretary of Education.

The state does, however, require that you maintain your child's immunization records in your own files. Note that keeping immunization records does not imply that you must vaccinate your child. If you do not vaccinate, you should instead keep a copy of the Exemption from Immunization Requirements form in your own files.

In addition, the state requests that you keep in your own files an attendance record and proof that the homeschooling teacher has a high school diploma or equivalent.

Student age

Children turning 5 before September 1 of the school year are considered eligible to start kindergarten. At the request of parents, however, the local school district superintendent may excuse children under eight years of age from school attendance.

School or home school attendance is required for those under 17 years of age unless they have already attained a high school diploma or GED.

Student attendance

Your child must attend home school for the same school year length as local public schools, which is 180 days. You are requested to keep a calendar showing attendance in your own files, but are not normally required to submit it to the Secretary of Education.

This rule does not imply that you must follow the same school year schedule as the public schools. Many homeschooling families homeschool year-round and may take vacation breaks at non-traditional times.

Subjects that must be taught

The home study program must include (but is not limited to) reading, language arts, mathematics, social studies, and science. No specific curriculum is required, so you have flexibility in determining how and what your child should learn.

You are not required to submit lesson plans, academic records, or other proof of what your child is being taught to the Secretary of Education.

For more information about choosing learning materials for your child, see getting started with homeschooling or curriculum suggestions.

Teacher qualifications

Home schools are operated by a parent or legal guardian of a school-age person. The homeschool teacher must have a high school diploma or equivalent; you are requested to keep proof of this in your own files, but are not required to submit it to the Secretary of Education.

Testing

No achievement testing is required. Unlike many states, New Mexico does not require that you give your child standardized tests or submit test scores to the government.

If you're new to homeschooling, or still considering the idea, here's the essential information you need to get started!

If you need more answers, other families may be able to help on our online forum.