From the HSLDA E-lert Service:


10/29/2008 5:06:44 PM
Home School Legal Defense Association
New Mexico--Only 3 Days Left to Stop Testing of Homeschoolers

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

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.


1. From today, Oct. 29 through Friday, Oct. 31, email the Taxation
and Revenue Department at to ask that the
following language replace the current language addressing

"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

Copy your email to CAPE at 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.


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!


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...

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