Homeschooling in New Mexico
What the law requires, what you file and when, and what to keep — with the statute behind each rule.
What New Mexico requires
- Notify
- New Mexico Public Education Department (PED) - online through the NMPED Home School System or by paper form mailed/delivered to PED in Santa Fe — Within 30 days of starting the home school, then on or before August 1 of each later year (annual)
- Testing or evaluation
- Not required.
- Subjects set by the state
- Yes — 5 required subjects, listed below
- Teaching time
- 1,140 hours — in detail
- Compulsory school age
- 5 to 18 — in detail
- Records
- Required: immunization records or a waiver.
Confidence in this record: medium. The facts below come from the sources listed, but at least one could not be confirmed against a primary source.
Taking your child out of school in New Mexico
First move: Register the home school with PED (online or paper) within 30 days of starting, and tell the current school the child is withdrawing to homeschool.
PED says parents may share their 5-digit registration number with the school as proof of notification but are not required to, and schools should not demand it. PED also asks to be notified if the student moves or enrolls in a public or private school.
The legal routes
One route exists in New Mexico. They carry different duties, and families often do not know the alternatives to the obvious one.
- Home school statute
- A parent or legal guardian operates a home study program (NMSA 22-1-2(E), 22-1-2.1) after registering it with the NM Public Education Department (PED). Students enrolled in NM online public schools are public school students, not homeschoolers.
The notice, and who receives it
- Goes to
- New Mexico Public Education Department (PED) - online through the NMPED Home School System or by paper form mailed/delivered to PED in Santa Fe
- Deadline
- Within 30 days of starting the home school, then on or before August 1 of each later year
- Renews
- annual
- Form
- Notification of a Home School (NMPED); online registration gives a 5-digit registration number as proof — official form
Subjects New Mexico requires
- Reading
- Language arts
- Mathematics
- Social studies
- Science
Compulsory school age
5 (by Sept 1 of the school year) to 18, unless the student has graduated or earned a high school equivalency credential
Teaching time
Disputed. PED's notification form states students must have at least 1,140 instructional hours per year (550 for half-day kindergarten), citing NMSA 22-2-8.1.
That statute's text addresses school district and charter school programs and does not mention home schools, and PED's 2024 district guidance sets no hour requirement for home schools. Tracking roughly 1,140 hours is the cautious approach.
Who may teach
The person providing instruction must have at least a high school diploma or equivalent (e.g., GED/HiSET); the parent affirms this on the registration form.
Testing and evaluation
None. New Mexico repealed homeschool testing in 2001.
A public school may use tests or portfolios to place a child who later enrolls.
Records to keep
Required: immunization records or a waiver. PED encourages (not required) keeping attendance/hours, materials used and a work portfolio, which help with placement if the child enters school or applies to college.
High school, diplomas and transcripts
Parents decide graduation and may issue a diploma (state law does not address homeschool diplomas). Public NM colleges may not require a high school equivalency credential from home-based program graduates who submit qualifying test scores (NMSA 21-1-1.1).
Homeschool graduates from a registered home-based program are eligible for the NM Lottery Scholarship. Dual credit is available under Chapter 21 rules.
Public school classes, sports and activities
Yes, by statute. Homeschoolers may enroll in one or more classes at a public school if eligible (NMSA 22-8-23.9; 6.12.2.8 NMAC), and may join up to three NMAA athletic/extracurricular activities at their attendance-zone public school, with the district verifying academic eligibility (NMSA 22-8-23.8).
Districts must locate and evaluate homeschooled children with disabilities (6.31.2 NMAC).
Funding: education savings accounts, vouchers and tax credits
New Mexico has no ESA, voucher or homeschool tax credit program.
What changed recently
No change to the home school statute itself found for 2023-2026. Since 2023 (HB 130 raised public school time to 1,140 hours), PED's home school form has listed 1,140 instructional hours as a home school responsibility; whether this binds home schools is unclear.
A 2025 bill (HB 177) proposing a home school curriculum tax credit of up to $2,500 per child was introduced; no evidence found that it passed.
What we could not confirm
Whether the 1,140-hour minimum legally applies to home schools (PED form says yes; statute text and PED district guidance do not). Full current text of NMSA 22-1-2.1 seen only via PED's forms and a partial vLex copy.
Outcome of 2025 HB 177 not confirmed. The compulsory starting age of 5 is based on the statutory 'school-age person' definition; PED materials emphasize the upper limit (18).
Listed because a legal summary that hides its gaps is harder to trust than one that names them. How these pages are checked.
Statutes and sources
Statute and regulation
- NMSA 1978 § 22-1-2(E)
- NMSA 1978 § 22-1-2.1
- NMSA 1978 § 22-12A-4
- NMSA 1978 § 22-2-2(H)
- NMSA 1978 § 22-8-23.8
- NMSA 1978 § 22-8-23.9
- NMSA 1978 § 21-1-1.1
- 6.12.2.8 NMAC
Statute text
- NM Legislature - HB 65 (2025), showing current text of NMSA 22-2-8.1
- NM Legislature - HB 174 (2018), showing 'school-age person' definition in NMSA 22-1-2
State agency
- NMPED - Home Schools page
- NMPED - Notification of a Home School form with statutes (rev. Apr 2024)
- NMPED - Homeschool Notification Form with Statutes (June 2023)
- NMPED - Understanding NM Home Schools: Guidance for Districts, Schools and Families (rev. Sept 2024)