State Laws
Read the laws regulating home education in New Mexico and browse through the case law and legal opinions relating to those laws, along with government publications relating to homeschooling and summaries of the laws.
Summaries and Explanations of New Mexico Homeschooling Laws
Public School Access for Homeschoolers in Colorado

Children participating in a non-public, home-based education program are allowed equal access to the public school’s extracurricular and interscholastic activities according to Colorado Revised Statutes § 22-33-104.5(6) and Colorado Revised Statutes § 22-32-116.5.

Colorado Home School Laws
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in Colorado. Includes a link to a legal analysis of laws relating to homeschooling in Colorado.
Compulsory School Age in Colorado

Colorado law requires that every child who is 6 years old on or before August 1 of the current school year, and under the age of 17, must attend school. If a homeschool is operating under Colorado’s home education statute (Option 1), the parents may wait to begin actual instruction until their child is 7 years old; however, they must still submit a notice of intent beginning with the school year that the child turns 6 by August 1.

Definition of Homeschooling in New Mexico
A summary of the laws regulating home education in New Mexico, provided by Homeschooling PACT, Parents and Children Together.
How to Homeschool in Colorado

This how to begin homeschooling guide is presented by CHEC, Christian Home Educators of Colorado. It details the basics, with the first steps for you to take and lots of great information to get started homeschooling in Colorado. 

Home Schools - Frequently Asked Questions
A list of questions and answers about homeschooling in New Mexico, provided by the New Mexico Public Education Department, Alternative Education Unit.
Special Education Provisions for Colorado: Regulations and Resources for Your Special Needs Homeschool

If you are homeschooling a child with special needs, you need to follow your state’s homeschool regulations. There are no additional requirements for homeschooling children with special needs.

How to Comply with Colorado's Homeschool Law

In Colorado, there are three options under which you can legally homeschool. You are free to choose the option that best meets your family’s needs. These options include homeschooling under Colorado's homeschool statute, homeschooling with an independent school, and homeschooling with a certified teacher. 

Colorado Homeschool Law - A Summary
A look at the statutes governing homeschooling in Colorado, provided by Christian Home Educators of Colorado (CHEC). This explanation details the three options to homeschool your children in the state of Colorado. 
The Importance of Recordkeeping in Colorado: Best Practices for What Records to Keep

Good records equip your student with proof of education for continuing their education, entering the military, or passing an employer’s background check. It may also prove valuable if there are ever any questions about your homeschool.

How to Withdraw Your Child from School in Colorado

If you want to start homeschooling during the school year and your child is currently enrolled in a public or private school, you may formally withdraw your child from that school. If you are going to start homeschooling after the school year is over, and your child is considered enrolled for the following year, we recommend that you withdraw your child before the next school year begins, so that the school does not mark your child as absent or truant.

New Mexico Home School Laws from HSLDA
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in New Mexico. Includes a link to a legal analysis of laws relating to homeschooling in New Mexico.
Home Schools Overview
An overview of the the legal aspects of homeschooling in New Mexico, provided by the New Mexico Public Education Department.
Colorado Department of Education Home School Information
Colorado Department of Education has compiled information regarding home education in the state. Includes information about getting started homeschooling, subjects to teach, attendance requirements, recordkeeping, assessment and evaluations, and resources. 
CHEC Homeschool Guidebook for Colorado

Need a map for your homeschooling journey in Colorado? This classic go-to compendium used by countless families in Colorado is now completely updated and streamlined for you. The CHEC Homeschool Guidebook will give you tons of practical information, worksheets, resource lists, scriptural encouragement, and more – just what you need to homeschool in Colorado with confidence.

New Mexico Statutes Pertaining to Home Education
House Joint Resolution 05-1040
Recognition of April 8, 2005, as Home Education Day in Colorado.
22-1-2.1. Home school; requirements.
Any person operating or intending to operate a home school shall:
A. within thirty days of its establishment, notify the state superintendent of the establishment of a home school within thirty days of its establishment and notify the state superintendent in writing on or before April 1 of each subsequent year of operation of the school district from which the home school is drawing students;
B. maintain records of student disease immunization or a waiver of that requirement; and
C. provide instruction by a person possessing at least a high school diploma or its equivalent.
Colorado Statute 25-4-903 - Exemptions from Immunization - Rules

Regulations concerning exemptions from required immunizations in the state of Colorado. 

Colorado Statute 25-4-902

Details of the state of Colorado requirements for immunizations. 

Home School Laws from HSLDA
Find the laws pertaining to home education for all 50 states and U.S. territories.
24-5-1. Immunization regulations.
The public health division of the department of health shall, after consultation with the state board of education, promulgate rules and regulations governing the immunization against diseases deemed to be dangerous to the public health, to be required of children attending public, private, home or parochial schools in the state ...
22-12-2. Compulsory school attendance; responsibility.
A. Any qualified student and any person who because of his age is eligible to become a qualified student as defined by the Public School Finance Act [Chapter 22, Article 8 NMSA 1978] until attaining the age of majority shall attend a public school, a private school, a home school or a state institution ...
Colorado Statute 22-32-116.5
Extracurricular and interscholastic activities. Notwithstanding any other provision of this article, each school district and each public school, subject to the requirements of this section, shall allow any student enrolled in a school or participating in a nonpublic home-based educational program to participate on an equal basis in any activity offered by the school district or the public school that is not offered at the student's school of attendance or through the student's nonpublic home-based educational program. A school district or school shall not adopt or agree to be bound by any rule or policy of any organization or association that would prohibit any participation allowed by this section. Each nonpublic school may allow a student to participate in a particular activity offered by the nonpublic school, at the nonpublic school's discretion.
Colorado Statute 25-4-901

This statute relates to state of Colorado school entry immunization requirements. 

Colorado Statute 22-33-104.5
The general assembly hereby declares that it is the primary right and obligation of the parent to choose the proper education and training for children under his care and supervision. It is recognized that home-based education is a legitimate alternative to classroom attendance for the instruction of children and that any regulation of nonpublic home-based educational programs should be sufficiently flexible to accommodate a variety of circumstances. The general assembly further declares that nonpublic home-based educational programs shall be subject only to minimum state controls which are currently applicable to other forms of nonpublic education.
Colorado Statute 22-33-104
Compulsory school attendance in the state of Colorado. 
24-5-3. Exemption from immunization.
A. Any minor child through his parent or guardian may file with the health authority charged with the duty of enforcing the immunization laws:
(1) a certificate of a duly licensed physician stating that the physical condition of the child is such that immunization would seriously endanger the life or health of the child; or
(2) affidavits or written affirmation from an officer of a recognized religious denomination that such child's parents or guardians are bona fide members of a denomination whose religious teaching requires reliance upon prayer or spiritual means alone for healing; or
(3) affidavits or written affirmation from his parent or legal guardian that his religious beliefs, held either individually or jointly with others, do not permit the administration of vaccine or other immunizing agent.
B. Upon filing and approval of such certificate, affidavits or affirmation, the child is exempt from the legal requirement of immunization for a period not to exceed nine months on the basis of any one certificate, affidavits or affirmation.
Colorado Statutes - Complete Text
Online access to complete text of Colorado statutes. Those pertaining to home education include: 22-33-104 (Compulsory school attendance); 22-33-104.5 (Home-based education - legislative declaration - definitions - guidelines); 22-7-409, 1.2-d-III (Assessments); and 22-32-116.5 (Extracurricular and interscholastic activities).
Case Law and Legal Opinions
Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary
In Pierce v. Society of the Sisters, the U.S. Supreme Court ruled that "the fundamental theory of liberty upon which all governments of this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the creature of the state."
Government Publications
Procedures Manual for Home School Operators in New Mexico (Word Document)
Issued by the New Mexico State Department of Education, this Procedures Manual for Home School Operators in New Mexico is intended to provide parents, legal guardians, and local school district officials direction for implementing the legislation regulating home education. This link goes to a Word file, requiring MS Word to view.
Guidelines for Combining Instruction at Home and School
Students who are in a registered home school, as provided in Section 22-1-2.1, NMSA, 1978, may also attend public schools if the local school district wishes to provide such an option to home school students. However, in order for home school students to be claimed for state funding purposes by a local school district, state law requires that students be "regularly" enrolled in one-half or more of the minimum course requirements approved by the State Board of Education....&uot; Section 22-8-2.M, NMSA, 1978.
     In reference to the law cited above for students in grades 1-8, we generally interpret "one-half or more" to mean that the student attends the public school for at least 50% of the required instructional time as specified in law, Section 22-2-8.1, NMSA, 1978. Minimum course requirements are also defined in law, Section 22-2-8.3, A-F, NMSA, 1978, for grades 1-8.
     For high school students, grades, 9-12, we interpret Section 22-2-8.4, NMSA, 1978, to require a planned course of study for all students leading to graduation. Relatedly, students should be enrolled in state required courses and approved electives leading to the fulfillment of graduation requirements.
     Home school students who are also qualified public school students are subject to rules, regulations, rights, and policies that apply to public schools while attending the public school. While simultaneously participating as a home school student and a public school student, students may receive school credit for course work successfully completed through public school instruction, but not for instruction provided at home. Public schools are strongly encouraged to address any liability-related issues that may apply regarding service to home school students.
     Students may also combine school instruction with home instruction in "Family Schools." Family Schools are programs that are approved by both the local and state boards of education as provided for under the Collaborative School Improvement Programs Act, Section 22-5-5.6, NMSA, 1978. Family school students are not registered home school students. They are qualified public school students enrolled in an alternative education program as approved by the State Board of Education. Because of the waiver authority available to the State Board of Education under the Collaborative School Improvement Programs Act, students in family schools may receive credit for instruction provided both at school and at home.
Home School Procedures for Public School Districts
A list of requirement for public school districts in relations to homeschoolers in their district.
New Mexico Home School Achievement Test Guidelines
I. Each School District is Responsible for the Following:
A. MUST arrange a place and time for testing home school students. The location may be outside the school building. The time must be within the state testing timeframe. Notification of the time and place must be provided to all home school operators by January 30.
B. MUST allow trained home school operators to be test administrators for home school students. When a home school operator(s) is unavailable or not interested, trained school personnel will administer the test. Home school operators other than the test administrator may be present to serve as proctors provided their presence does not disrupt the testing environment. Local school districts will provide training to home school operators on administering the test. The administration of the test to home school students must be monitored at the testing site by paid school employees during their regular working hours. (No more than 30 students should be grouped together for testing with one test administrator and one or two proctors.)
II. Each Home School Operator is Responsible for the Following:
A. Meeting the requirement of public school code: "Test students annually…as determined by the State Superintendent." (S-22-1-2.1)
B. Notifying the appropriate school staff if the student is unable to attend the scheduled testing.
C. Arranging with the school district an appropriate time and place for makeup testing.
III. General Guidelines:
A. All home school children in grades 4, 6, and 8 are required to participate in the state mandated New Mexico Achievement Assessment Program. This assessment is the only norm-referenced achievement test administered statewide to public school students which provides comparability information using national norms. No other statewide testing is required for home school student (The home school students will participate in the norm-referenced CTBS 5/TERRANOVA SURVEY PLUS only, and may opt to take all subjects or just the Reading/language and Mathematics tests within the battery).
B. If a school district assesses a fee, it is recommended that the fee not exceed the contractor's per student cost. Any additional costs associated with a special administration should be reasonable and justifiable.
C. Individual student score reports should be provided to the home school operator for each home school student who is tested.
D. Test answer sheets of home school students in grades 4,6, and 8 taking the required tests will be scored by the test contractor designated by the State Department of Education.
E. Home school students enrolled in grades 4, 6, and 8 who do not test and who are not exempt will be reported to the State Department of Education by the end of the school year. The Department will notify the local school district that the home school operator is in violation of the Statute 22-1-2.1 and the Compulsory School Attendance Law (S-22-12-1). In this event, school district policy should be followed as in the case of any other student who is in violation of this statute.
IV. Optional Testing Procedures
A. Home school operators with student enrolled in grades 4, 6, or 8 may elect to use the Bob Jones University Press (BJUP) testing service instead of testing their students through the New Mexico public schools. BJUP does not offer the CTBS tests. Therefore, the home school operator should request the Iowa Test of Basic Skills, Form L. It is the home school operator's responsibility to make these arrangements and to pay for this service. (By calling 1-800-845-5731 and asking for Customer Service, you may obtain detailed information.)
B. If using the BJUP testing service, it is the responsibility of the home school operator to notify the local school district testing office no later than January 15. This will help staff plan and budget for the year.
Procedures Manual for Home School Operators in New Mexico (pdf)
Issued by the New Mexico State Department of Education, this Procedures Manual for Home School Operators in New Mexico is intended to provide parents, legal guardians, and local school district officials direction for implementing the legislation regulating home education. This link goes to a pdf file, requiring Adobe Reader to view.
Procedures Manual for Home School Operators in New Mexico (html)
Issued by the New Mexico State Department of Education, this Procedures Manual for Home School Operators in New Mexico is intended to provide parents, legal guardians, and local school district officials direction for implementing the legislation regulating home education. This link goes to an html file.
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