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Homeschooling a Child with an IEP in New Mexico

What happens to your child's special education services when you homeschool in New Mexico, and how to reach the services that remain available.

What happens to your child's services

Your school district must locate, evaluate and decide eligibility for children with disabilities who are home schooled. New Mexico rules do not give home school students a right to ongoing special education services; your child receives those services if you enroll in public school, and part-time enrollment is up to the district.

Primary source: 6.31.2.9(A), 6.31.2.10(A) and 6.31.2.11(N) NMAC; NMPED Home Schooling FAQ

How to access services while homeschooling

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Child Find

Each district must locate, evaluate and determine the eligibility of children with disabilities who are schooled at home.

6.31.2.11(N)(8) NMAC; 6.31.2.10(A) NMAC; 34 CFR 300.111

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Dual enrollment

Not provided by state law. NMPED says participating part time in courses at the local school is at the district's discretion. If a district allows it, your child enrolls with an assigned STARS ID and would likely be considered a part-time student.

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Equitable services

Not provided by state law. New Mexico's special education rules give services plans to children enrolled by their parents in private schools, and treat children schooled at home separately with duties limited to locating, evaluating and determining eligibility. A child enrolled in an actual private school may be considered for these services.

Before you withdraw

  1. 1

    Request complete copies of all IEP documents, evaluations, and progress reports before you withdraw.

  2. 2

    Consider requesting an IEP meeting to discuss the transition. This is optional.

  3. 3

    File your homeschool notice as your state requires. Our wizard prepares it for you.

  4. 4

    Arrange any private therapies or services your child needs before withdrawal takes effect.

Keep copies of all IEP documents, evaluations, and progress reports. You'll need them if you re-enroll.

Special education help

COPAA

copaa.org · Find a special education attorney near you

Wrightslaw

wrightslaw.com · Special education law encyclopedia

Common questions

What happens to my child's IEP when I start homeschooling in New Mexico?
Your school district must locate, evaluate and decide eligibility for children with disabilities who are home schooled. New Mexico rules do not give home school students a right to ongoing special education services; your child receives those services if you enroll in public school, and part-time enrollment is up to the district.
Can my child still get special education help from the school if we homeschool in New Mexico?
Child Find: Each district must locate, evaluate and determine the eligibility of children with disabilities who are schooled at home.

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Requirements sourced from NMSA 22-1-2.1. Last reviewed October 2026