====================================================================== From the HSLDA E-lert Service... ======================================================================
October 29, 2008
New Mexico--Only 3 Days Left to Stop Testing of Homeschoolers
Dear HSLDA Members and Friends:
The response so far to CAPE'S and our "call to action" has not been enough. CAPE has only confirmed about 175 emails to the Taxation and Revenue Department. We were hoping for at least 500 responses. If you have not sent an email to help stop a proposed regulation which will require homeschoolers seeking driver permits to be academically tested, you still have until the end of the day Friday!
The New Mexico Taxation and Revenue Department (under which the Motor Vehicle Division falls) conducted a hearing on the proposed changes to the requirements for obtaining a driver's permit. Christian Association of Parent Educators (CAPE) representatives testified at the hearing to persuade the Department to not require homeschoolers to take a state academic proficiency test in order to get their driver's permit. So far, the Department will not budge. The public comment period is only open until Friday, October 31.
Please send your email now in order to stop this "backdoor" erosion of our homeschooling freedoms.
ACTION REQUESTED
1. From today, Oct. 29 through Friday, Oct. 31, email the Taxation and Revenue Department at john.griego1@state.nm.us to ask that the following language replace the current language addressing homeschoolers:
"Self-certification: Home school 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."
Copy your email to CAPE at info@cape-nm.org so that they can track the comments being submitted.
2. Since he has final authority over the Taxation and Revenue Department, we urge you to call Governor Bill Richardson at (505) 476-2200 and give him this message:
"Please ask the Taxation and Revenue Department to adopt the homeschool amendment to the proposed driver permit regulation in order to allow them to self-certify their student's academic standing and preserve their freedom."
Forward this email to everyone who is involved in private or home education, and encourage them to get involved.
BACKGROUND
The New Mexico Motor Vehicle Division ("MVD"), through the New Mexico Taxation and Revenue Department, has proposed changes to the state's administrative code to require 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 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 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.
Thank you for your support of homeschooling freedom in New Mexico!
Sincerely,
Chris Klicka HSLDA Senior Counsel
---------------------------------------------------------------------- -> How many of your friends would pay your legal fees?
As a member of HSLDA, you have 80,000 families standing with you to protect and advance homeschool freedoms in the United States and foreign countries.
More reasons to join HSLDA... http://www.hslda.org/elink.asp?id=1106
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