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2/8/2005 9:29:38 AM
Home School Legal Defense Association
New Mexico--Your Calls are Working

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From the HSLDA E-lert Service...
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February 8, 2005


New Mexico--Your Calls are Working


Dear HSLDA members and friends:

I just called the office of Representative Mary Helen Garcia, whose
proposed legislation would reinstate standardized testing for New
Mexico homeschoolers. I told her staff that her bill would violate
federal law. I need your help to get this point across.


ACTION REQUESTED

1. Please call the sponsor, Representative Garcia, and tell her,
"House Bill 158 violates the No Child Left Behind Act. Homeschoolers
can't be forced to take the state's assessment test." Representative
Garcia's number is 505-526-6608.

2. Call your own representative and ask him or her to urge
Representative Garcia to withdraw House Bill 158. You can find your
representative by using HSLDA's Legislative Toolbox
http://www.hslda.org/toolbox .


BACKGROUND

A law enacted by Congress specifically exempts homeschool students
from mandatory state assessments.

On January 8, 2002, President George W. Bush signed H.R. 1 into law
and it became Public Law No: 107-110. Homeschoolers were successful in
persuading Congress to include the following provision:

"Nothing in this Act shall be construed to affect a home school,
whether or not a home school is treated as a home school or a private
school under State law, nor shall any student schooled at home be
required to participate in any assessment referenced in this Act."
[Part E, Subpart , Section 9506(b)].

Under this new federal statute, states are required to specify, to the
U.S. Department of Education, the assessment they will use to comply
with this law. Preliminary indications show that each state will use
their current state assessments for this purpose thus making their
state assessment one of the "assessments referenced in this Act."

Sincerely,


Scott Somerville
HSLDA Staff Attorney



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