How to withdraw your child from public school and homeschool in New Mexico

Step by step

1. Step 1. Know what New Mexico requires to start

   Notice, not approval. Under NMSA 22-1-2.1(A) a parent must submit the Public Education Department's home school registration form, online or on paper, to notify the department within thirty days of establishing the home school and by August 1 of each later year. The Department's form (revised 09/15/2026) asks for district, parents' names, home address, each child's name, date of birth, gender, grade and ethnicity, and the parent's signed statement that the instructor has at least a high school diploma or its equivalent.

2. Step 2. Leave the school the right way

   The Department's page and form describe only the notice to the state department and say nothing about withdrawing from a public school, so state law is silent on a separate school withdrawal step, exit meeting or waiting period. It is common courtesy to tell the school in writing; the home school notice itself goes to the state, not the school.

3. Step 3. Watch the deadlines

   Within thirty days of establishing the home school, then on or before August 1 of each following year (22-1-2.1(A)). The paper form is for use when unable to register online; the statute gives no separate rule for children withdrawn mid-year.

4. Step 4. Ask for your child’s records

   New Mexico's home school page and form say nothing on obtaining the school's records. The parent must keep records of immunization or a waiver (22-1-2.1(B)). FERPA (34 CFR 99.10) gives a parent the right to inspect and review the child's education records, and the school must respond within a reasonable time, not more than 45 days after the request.

5. Step 5. If your child has an IEP or a 504 plan

   Under 34 CFR 300.300(b)(4), a parent can revoke consent in writing for special education services; the school must give prior written notice and then stop providing the services, and it is not considered to have denied a free appropriate public education. 6.31.2.10 NMAC requires districts to locate and evaluate children who are schooled at home; no state form or wait on withdrawal was found.

Before you pull your child out

A letter you can fill in

Fill in the boxes and copy the letter. It is built from what we found above for New Mexico: the items New Mexico asks to be included are listed in it. The state also has an official form, so send that with the letter. Check it against the state office before you send it.

[today's date]

To: The Secretary of Public Education, New Mexico Public Education Department [name and address]

Re: Notice of intent to home school, [child's full name]

Dear Sir or Madam:

I am the parent of [child's full name], born [date of birth], who is currently enrolled in grade [grade] at [name of current school]. Under NMSA 1978, 22-1-2(E) and 22-1-2.1, I am notifying you that I will be providing a home education program for my child beginning [start date].

New Mexico asks that this notice include the following (complete or confirm each one):
- School district where the students reside [fill in]
- Legal names of all parents or guardians [fill in]
- Physical home address of students and parents [fill in]
- Each child's name, date of birth, gender, grade and ethnicity [fill in]
- Parent signature, date, email and phone [fill in]
- Affirmation instructor has a high school diploma or equivalent [fill in]

I am also submitting the state form, Notification of a Home School (with statutes), revised 09/15/2026, with this letter.

Please also treat this letter as my notice that my child is withdrawn from [name of current school] effective [start date].

I also request a copy of my child's education records, including the cumulative file, attendance and any testing records. Please send them to the address below.

Thank you.

Sincerely,

[your name]
[your address]

Who to ask in New Mexico

NM Public Education Department, Home Schooling ([email protected]), last checked October 2026.

A plain-language summary of public sources, not legal advice. Laws and forms change, so confirm the current rules with the state office before you send anything.

Questions