NEW YORK
School Districts Won't Play by the Rules
The standardized test requirement for home schoolers under the New Mexico law continues to be a source of irritation to home schoolers, local school districts, and the State Department of Education. The home school law requires home school students to be tested annually to assess achievement, according to the state-wide and local school district testing programs as determined by the state superintendent. The law goes on to say that the testing for home school children must be at a time and a place, and in a manner consistent with the procedures established by the state superintendent.
The state superintendent has provided testing guidelines, the latest pronouncement being on October 14, 1993. The superintendent's guidelines clearly state that the time and place for testing shall be cooperatively arranged between the parents and the school district, and acceptable to a majority of home school operators (parents and guardians) and the school district. The home school operators must be notified of the time and place for testing by January 30.
The guidelines also allow trained home school operators to be test administrators if they are monitored by paid school district employees. Home school operators other than test administrators may also be present to observe and proctor at the testing environment.
So what's the problem? Well, some school districts simply refuse to be bound by the superintendent's testing guidelines. The Carlsbad schools, for example, have taken the position that home school parents cannot administer the test even if they are trained by the state to do so. This school district has said that ensuring the security and integrity of the testing materials and process takes priority over the superintendent's guidelines, and they give that as the reason for their refusal.
The Tucumcari Municipal Schools have refused to accommodate home schoolers by providing an alternative test site to the local public school classroom. The school district insisted that home schoolers be tested in the public school classroom, along with other public school students and supervised by public school personnel.
Home School Legal Defense Association attorney Michael Smith wrote to the Tucumcari superintendent, informing him that the school district was in violation of the state guidelines, and that home school operators were not bound to submit to any requirements which exceed the school district's authority. Unless a cooperative program for testing can be worked out, Smith said, the parents will provide their own testing and submit the test results to the State Department of Education.
It remains a mystery why some school districts are reluctant to abide by the guidelines established by the state superintendent, when the statute specifically states that the state superintendent shall establish the testing procedures for home schoolers. Some school districts even continue to insist that home schoolers must be tested in grades other than 3, 5 and 8, although the superintendent's testing guidelines only require them to participate in state mandated assessment programs in these grades.
This testing issue could have been resolved very favorably on behalf of home schoolers had House Bill 894 passed the legislature this session. This bill would have done away with the testing requirement for home schoolers in the state of New Mexico. Unfortunately, it was defeated and will not pass this session.
Before the vote on H.B. 894, HSLDA telephoned over 90% of our New Mexico member families and asked them to contact a member of the Education Committee to voice approval for passage of the bill. In making these telephone calls, we were alarmed to discover that nearly 90% of the members contacted did not know about the bill. We will not see favorable home school legislation passed unless a large percentage of home schoolers get behind the legislation. To that end, we strongly urge home schoolers to join a support group with a phone tree so they can have access to the latest legislative information on the state and federal level.
