• Charter Schools
  • Speciality schools run by the same government entities that operates other public schools.
  • Approximately 100 charter schools in the state.
• Public Virtual Schools
  • NM has 4 multi-district fully online publicly funded programs.

Here are state laws on the topic of homeschooling:

• 22-1-2.1: A parent or person instructing must have a high school diploma or its equivalent. Must provide annual notification to the state superintendent by submitting a homeschool registration form (found on the departments website). Maintain records of immunization or a waiver.

Religious Exemptions:

The state has no formal laws related to religious exemptions.

The First Amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Many argue that a religious conviction to provide a home-based education is constitutionally protected and a state religious exemption law is not a requirement to be able to homeschool on religious grounds.

It should be noted that the U.S. Supreme Court in Wisconsin v. Yoder (1972) established that “Under the Free Exercise Clause of the First Amendment, a state law requiring that children attend school past eighth grade violates the parents’ constitutional right to direct the religious upbringing of their children.” (The case involved a challenge of a 16-year-old student to be exempt, so the scope was limited)