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| Date: From: Subject: | 10/20/2008 5:10:57 PM Home School Legal Defense Association New Mexico--Immediate Action Needed for Obtaining Homeschoolers' Drivers Permit |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== October 20, 2008 New Mexico--Immediate Action Needed for Obtaining Homeschoolers' Drivers Permit Dear HSLDA Members and Friends: The New Mexico Motor Vehicle Division ("MVD") has proposed changes to the state's administrative code, which require all minor applicants for a driver's permit to provide certification of "near proficiency" in math and reading and 90% school attendance during 9th grade. "Proficiency" is to be determined by the scores of an 8th grade public school test or "alternative test." The new rule also requires parents to "consent for the release of any educational information to the director." Failure to certify either will result in a six-month delay in obtaining the permit, and failure to certify in both will cause a 12-month delay. The new rule would go into effect for applications submitted after September 1, 2011. The MVD is proposing this new rule to motivate students to attend school and to become "near-proficient" in reading and math. A driver's permit is the reward for doing so. However, this rule causes obvious problems for homeschoolers and private schools. First, homeschool and private school teachers do not need help motivating their own students. Second, students' right to privacy is violated by the requirement to allow access to school records. Third, imposing academic proficiency standards infringes upon private educators' freedom to individually tailor their curriculum and teaching methods. Fourth, attaching the right to drive to state-determined academic standards restricts a parent's right to determine when his or her child has earned the privilege of driving (subject to driver education and testing). HSLDA and Christian Association of Parent Educators-NM (CAPE) are proposing that homeschool and private school administrators be able to certify with their signatures that their children have 90% attendance in 9th grade and that their students are proficient in math and reading on a form that does not include access to private records. CAPE has contacted nonpublic schools in New Mexico asking them to join home educators in advocating this. A public hearing on the proposed rule will be held on Wednesday, October 22, 2008, at 9:30 a.m. ACTION REQUESTED 1. Submit written comments about this rule change to the Director of Tax Policy on or before October 22, 2008. Ask the Director to replace the current proposed language referring to homeschoolers with the following: "Self-certification: Homeschool operators, i.e. parents or guardians, and private schools administrators will certify 90% attendance and an assessment-based academic proficiency with their signatures on a unique non-public certification form that will not include access to private records, or require PED-approved assessments." You may hand-deliver your comments if you are attending the hearing or email them to CAPE who will then print and submit them at the hearing. If you will be attending the hearing, you may hand-deliver your comments. Written comments on the proposals should be submitted to the Taxation and Revenue Department, Director of Tax Policy, Post Office Box 630, Santa Fe, New Mexico 87504-0630 on or before October 22, 2008. If you are unable to attend the hearing and cannot ensure that your mail reaches Santa Fe by October 22, CAPE will print and hand-deliver your written comments. Simply email your comments to CAPE at info@cape-nm.org before 5:00 p.m. on Tuesday, October 21st. 2. If you are able, attend the public hearing on Wednesday, October 22, 2008, at 9:30 a.m. in the Secretary's Conference Room No. 3002/3137 of the Taxation and Revenue Department, Joseph M. Montoya Building, 1100 St. Francis Drive, Santa Fe, New Mexico. Auxiliary aids and accessible copies of the proposals are available upon request; contact (505) 827-0928. You may testify verbally or in writing at the hearing, or go to simply listen and pray. 3. Forward this email to everyone who is involved in private or home education, and encourage them to get involved. Thank you for your support of homeschooling freedom in New Mexico! Sincerely, Chris Klicka HSLDA Senior Counsel ---------------------------------------------------------------------- -> "I saved my entire membership fee with one discount" "We've been a Liberty Mutual customer for over 12 years. We called and asked about our HSLDA member discount and they lowered our premium by approx $95 per year...coincidentally the same amount as our HSLDA annual membership fee. Thought you'd want to know!!'" More reasons to join HSLDA... http://www.hslda.org/elink.asp?id=1107 ---------------------------------------------------------------------- ====================================================================== The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. 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