New Mexico Compulsory Education Laws
By Jade Yeban, J.D. | Legally reviewed by Susan Mills Richmond, Esq. | Last reviewed June 03, 2024
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In New Mexico, education is not only a right but a responsibility. The state has established laws to ensure that every child receives the education they need to succeed in life. These laws require students to attend school regularly. They hold both parents and schools accountable for making this happen.
This article explores the compulsory school attendance laws in the state of New Mexico. These laws outline rules for public schools, private schools, and homeschools within the state. Understanding these laws helps students, parents, and educators to optimize every child's educational opportunities.
Compulsory School Attendance Laws Generally
Compulsory attendance laws are rules set by the state to require school-age persons to attend school. They must do so until they reach a certain age, complete a specific grade level, or get a high school diploma. These laws are crucial—they help reduce absenteeism and increase educational achievements. In most places, these laws apply to children from the age of six up to 16 or 18 years of age. These laws cover both public and private educational settings.
These laws outline attendance requirements. They also describe the roles of the local school board and the public education department in enforcing attendance. These laws also provide for early intervention strategies and special education services to support students with disabilities.
New Mexico Compulsory School Attendance Laws
New Mexico statutes, specifically codified in NMSA 1978, set forth the compulsory school attendance law. This law mandates that all school-age persons must attend a public, private, home, or state institution school program. They must attend school throughout the school year until they graduate from high school or reach 18 years of age.
In New Mexico, the public education department works with the local school districts to oversee school attendance. They monitor habitual truancy, or having a number of unexcused absences in a school year. They also work with students’ parents or legal guardians to address absenteeism. The local superintendent has the authority to enforce these laws.
Intervention efforts can include referral to other educational programs or even legal action if necessary. Schools are required to maintain an attendance policy, which must be communicated in writing to parents at the beginning of each school year.
Code Sections |
New Mexico Statutes § 22-12A-1 et. seq. - The Attendance for Success Act |
|---|---|
Required School Attendance Ages |
New Mexico law requires children between the ages of 5-18, the age of majority, to attend school. |
Exceptions to Attendance Requirements |
While children must attend school, the type of school they attend can vary. The exceptions to attendance requirements at public schools include:
|
Home School Provisions |
You can choose to homeschool your child in the state of New Mexico. But there are legal requirements. These requirements include providing written notice to the New Mexico Public Education Department that you want to establish a homeschool. Your homeschooled child may be able to borrow books from the local public school and participate in extracurriculars and sports with the public school, depending on the local school board policy. |
Penalties on Parents for Non-Compliance |
A parent of a truant child, after being informed in writing of the problem by the school, who knowingly allows their student to violate the school attendance laws is guilty of a petty misdemeanor. The penalty depends on the number of offenses:
|
Penalties on Students for Non-Compliance |
A truant child can have their driving privileges suspended by the Children’s Court for up to 90 days on the first finding of habitual truancy and up to one year for a subsequent finding, among other possible outcomes. |
Note: State laws are constantly being revised. Please verify these education laws by conducting your own legal research or contacting a knowledgeable New Mexico lawyer.
Getting Legal Help With New Mexico Compulsory School Attendance Laws
If you’re a parent, student, or educator in New Mexico, you may have questions about compulsory school attendance laws. It’s wise to seek legal help in these situations. Legal experts with experience in education law can provide guidance on such issues as eligibility for waivers, intervention strategies, and compliance with state laws. They can also help navigate the complexities of laws regarding special education, disabilities, and educational rights.
Consult with an education law attorney about your case today.
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