Faith Defore wanted a more challenging academic environment for her daughter, so mid-year she decided to switch from public school to homeschooling (name changed for privacy). The decision plunged her into an administrative tangle that could have resulted in truancy charges.

Our legal team learned that local school officials were complicating what should have been a straightforward process—they refused to remove Faith’s daughter from class rolls unless the mom complied with additional procedures not required by law. We intervened at Faith’s request.

“This is one of the most common areas of advocacy that HSLDA engages in,” noted Tj Schmidt, HSLDA senior counsel. “Whether it’s for their own convenience or because they simply don’t understand how things work, local officials often impose extra demands on homeschooling parents that just aren’t supported by statute.”

“We vigorously defend families facing these situations not only because of the principles at stake, but because these false requirements can create real hardships,” he added.

Additional Complications

When Faith decided to start homeschooling her 9th-grader earlier this semester, she followed state law by filing a notice with the New Mexico Department of Education. She also heeded HSLDA’s guidance by notifying the local school district as a courtesy.

Officials responded by telling Faith there was more she needed to do before her daughter could be disenrolled. They claimed she needed to complete a homeschool request form, deliver it to the school district administrative building, and obtain the signature of an official with the authority to approve her home education program.

“The most alarming part was that the new form contained questions I felt were of a personal nature,” Faith said. “The district wanted me to explain why we were choosing homeschooling and what curriculum we planned to use, which was none of their business!”

Though she was in compliance with state law, the district’s refusal to disenroll her daughter meant that her daughter was compiling unexcused absences. Faith worried that, if she provided this information, it could be used against her family should the district launch an investigation. So, she contacted HSLDA.

Freedom at Risk

Schmidt took action immediately. He reached out to local officials as well as the state Department of Education to expedite a resolution.

“I was concerned that Faith’s daughter was continuing to be marked as absent from public school,” he explained. “Prolonged absences can sometimes lead to truancy charges. I’ve even seen CPS get involved if officials make allegations of educational neglect.”

Schmidt emphasized to officials that families do not need approval to homeschool. The fundamental right of parents to direct the upbringing of their children includes the prerogative to select the most beneficial form of education.

He also pointed out that nothing in New Mexico law compels parents to file forms or notices with their local district before starting to homeschool. After hearing from Schmidt, the district quickly confirmed that Faith’s daughter had been disenrolled.

“We appreciate the district’s responsiveness,” said Schmidt. “However, it is important to oppose any efforts by local school officials to add requirements to the homeschool law. Homeschool freedom is so precious that it merits a vigorous defense, even when the added burden to the homeschool parent seem small by comparison.”