From the HSLDA E-lert Service:


1/27/2010 2:55:58 PM
Home School Legal Defense Association
New Mexico: Positive Outcome to New PED Rule

From the HSLDA E-lert Service...

New Mexico: Positive Outcome to New PED Rule

Dear HSLDA Members and Friends:

Thank you to all who took the time to submit comments to New Mexico's
Public Education Department (PED) regarding the new rules for
obtaining drivers' permits. The new rules went into effect on
December 31, 2009.

In the newly adopted rules the PED retained all of the provision
allowing a parent or guardian to certify that a homeschooled student
meets school attendance and academic proficiency requirements. This is
great news for homeschooling parents and students alike. As a parent
and your child's homeschool teacher, you will be able to verify that
your student is academically on track and eligible for a driver's
license. Assuming, of course, that they have completed all of the
written and driving education requirements!

HSLDA had also made some minor suggestions to modify the draft
language in the PED rule to bring it more in line with what is already
in New Mexico law. However, the PED chose not to make these changes.
Although we were disappointed that the requested changes were not
made, CAPE-NM and HSLDA are pleased that the PED has recognized a
parent's authority over his or her children's home education program
and passed the new rule affirming that.


The governor of New Mexico originally initiated these new requirements
for drivers' permits. When the Motor Vehicle Division designed the new
rules for the permits, the agency did not provide a way for home
educators to certify the academic proficiency and attendance
requirements. Instead, the PED was given authority to implement rules
to address this issue.

As a result, the proposed rules, 6.30.11 NMAC, were drafted. CAPE-NM
and HSLDA worked together to ensure that home educators are able to
provide this verification instead of requiring them to go through the
local public school.

HSLDA wrote a letter to the PED on behalf of our members to urge them
to pass the proposed rules, along with a few minor suggestions to keep
the rules consistent with New Mexico state law as it relates to home
educators. Under the proposed rules, the definition of a "home school"
varies slightly from that in New Mexico. Stat. Ann. sec. 22-1-2. Our
letter urged the PED to correct this and one other area to better
protect home educators in New Mexico law. Unfortunately, the language
was not adopted, but we are satisfied with the language that did pass.
To read the new rules in their entirety, go to .

Please feel free to forward this to any friends who might be
interested. If you are not yet a member, you can become a part of
HSLDA and help support homeschooling freedom in New Mexico and around
the globe. Visit to join today.

Thank you for your participation and continuing support!


Tj Schmidt
HSLDA Staff Attorney

-> How many news articles did you read this morning over your

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