New Mexico Homeschool Laws
New Mexico has one homeschool option: a home school run by a parent. State law defines it as a parent-operated home study program. School is required from the year a child turns 5 (before September 1) until age 18. You must notify the Public Education Department within 30 days of starting. After that, you renew by August 1 each year. You can notify online or mail the state form. The person who teaches must hold a high school diploma or equivalent. Keep your proof of notification, because NMPED says investigators look for it first in a neglect case.
Day to day, New Mexico asks for little paperwork. Your program must cover reading, language arts, mathematics, social studies, and science. The state does not require testing or attendance records. However, you must keep immunization records or a waiver. HSLDA advises teaching as many days as your local public school does, usually 180. In addition, home school students may take part in public school sports, classes, and activities. By state law, they may join up to three district athletic activities. High school students may also take tuition-free dual-credit courses at public colleges. For full details on each topic, open the sections below.
A school-age person must attend public school, private school, home school, or a state institution until age 18, unless he or she has graduated, earned a high school equivalency credential, or withdrawn on a hardship waiver. “School-age person” means a person at least five years old before 12:01 a.m. on September 1 of the school year who has no high school diploma or its equivalent (NMPED notification form with statutes; HSLDA: Compulsory School Age in New Mexico).
New Mexico has one option. A “home school” is the operation by the parent of a school-age person of a home study program that provides a basic academic educational program (NMSA 22-1-2(E); NMPED: Home Schooling).
None. HSLDA’s New Mexico summary lists no assessment requirement (HSLDA: New Mexico Homeschool Laws). The state does not keep home education records other than notices of intent (NMPED 2025 Home Schooling Annual Report).
A home study program must include instruction in reading, language arts, mathematics, social studies, and science (NMSA 22-1-2(E); NMPED: Home Schooling FAQs).
Yes. Notify the Public Education Department within 30 days of establishing the home school, and by August 1 of each later year of operation. The renewal period opens June 1 (NMPED FAQs; NMSA 22-1-2.1(A)).
You may notify through the NMPED online Home School System. Or you may mail the paper Notification of a Home School form to: New Mexico Public Education Department, Attention: Home School Notification, 300 Don Gaspar Avenue, Santa Fe, NM 87501. NMPED suggests certified mail or another delivery verification for proof (NMPED FAQs; Notification of a Home School form).
No attendance records are required by statute. NMPED encourages home school operators to keep thorough records of notifications, instructional hours, and educational materials (NMPED: Home Schooling). HSLDA advises you to teach as many days as your local public school is in session, generally 180 (HSLDA: How to Comply with New Mexico’s Homeschool Law, updated February 24, 2026).
Instruction must be provided by a person with at least a high school diploma or its equivalent (NMSA 22-1-2.1(C); NMPED: Home Schooling). The home school operator must be the parent of the school-age person (NMSA 22-1-2(E)).
Yes. A home school student may participate in up to three school district athletic activities at the public school in the attendance zone where the student lives, under New Mexico Activities Association guidelines. The district verifies the student’s academic eligibility (NMSA 22-8-23.8; HSLDA: Public School Access for Homeschoolers in New Mexico). NMPED also states that home school students may take part in public school classes and extracurricular activities, and that these schools are expected to verify registration as a home school student (NMPED 2025 Annual Report).
Yes. A home school operator must maintain records of student disease immunization or a waiver of that requirement (NMSA 22-1-2.1(B); NMPED FAQs). HSLDA notes that you can obtain a waiver for a religious objection or medical exemption (HSLDA).
NMPED reports that high school home school students can take tuition-free dual-credit courses at New Mexico public colleges, and that home school students can apply for the state lottery scholarship (NMPED 2025 Annual Report). Students in online public schools are not considered home school students (NMPED: Home Schooling). NMPED says proof of notification is one of the first things investigators look for if a parent is accused of educational neglect.
- NMPED: Home Schooling, Home Schooling FAQs, Notification of a Home School (with statutes), and Home Schooling Annual Report 2025
- New Mexico Statutes Annotated: 22-1-2 (definitions), 22-1-2.1 (home school requirements), 22-12A-4 (school attendance), and 22-8-23.8 (home school student activities)
- HSLDA: New Mexico Homeschool Laws, How to Comply with New Mexico’s Homeschool Law (February 24, 2026), Compulsory School Age in New Mexico, and Public School Access for Homeschoolers in New Mexico
Last reviewed: November 11, 2026
*The information on this page is for general use only. It should not be taken as legal advice. It is believed to be accurate however state and federal laws change every year. Homeschool.net recommends joining an organization such as the Home School Legal Defense Association before your homeschooling adventure begins. HSLDA can provide complete, accurate, legal advice and services for homeschooling families.
Update History
No changes in law noted since this page was first published.