Education Freedom Rights in New Mexico: What You Should Know

•  Public School Choice: New Mexico allows both inter-district and intra-district open enrollment, meaning your child can attend public schools outside their home zone if space allows—a handy option if the assigned school isn’t a good fit.
   
• Charter Schools: These publicly funded schools operate with more flexibility than traditional public schools and are accessible to students statewide.
   
• Magnet Schools & Online Learning: Many districts offer specialized or virtual programs—including public virtual schools like New Mexico Connections Academy and Pecos Cyber Academy.
   
• Homeschooling: A fully legal alternative. Parents must notify the state and teach core subjects (like reading, math, science, social studies), but standardized testing is not required.

 A 529 Plan is a special, tax-advantaged savings account designed to help families save for education expenses. In New Mexico, it’s called The Education Plan.

• Parents, grandparents, or guardians open an account and make contributions (similar to a savings account, but invested for growth).
   
• The money grows tax-free, and withdrawals are also tax-free as long as they’re used for qualified education expenses.
   
• In New Mexico, contributions are state income tax deductible, which means families save on taxes while saving for education.
   

Historically, 529s were only for college tuition. But federal law has expanded their use, and New Mexico allows these newer options:

✔ K–12 Tuition – Up to $10,000 per year can be used for private or religious school tuition.
✔ Apprenticeships – Qualified apprenticeship programs can be funded.
✔ College & Graduate School – Tuition, fees, books, supplies, computers, and even housing.
✔ Student Loan Repayment – Up to $10,000 can be used to pay down existing student loans.

• Flexibility: Parents don’t have to lock their child into one path. Funds can be shifted between children in the family.
   
• Control: Parents—not government—decide how and where the funds are spent.
   
• Affordability: With rising education costs, the tax benefits and savings can make a significant difference.
   

A 529 plan is one way parents can take control of education funding. Whether your child attends a private K–12 school, pursues a trade, or goes to college, the 529 gives you flexibility, savings, and freedom to direct those dollars where they’ll do the most good.

•  A proposed Education Freedom Account (EFA) program would allow parents to receive public education funds in an account they control—spending them on approved educational services like private tuition or tutoring.
   
• Funds are disbursed by the state and designated for educational services; families must contract with the department and follow usage guidelines

What’s in Place Now:
 

• Parents do have the right to request and inspect instructional materials, including curriculum, reading lists, and classroom policies—but access is often inconsistent across districts.
   
• Parents can opt their children out of certain sensitive curriculum areas, like sex education, though procedures vary by school district.
   
• Parents have the right to choose homeschooling or transfer their child to a charter or alternative public school.
   

What Has Been Proposed (But Did Not Pass):
 

• A statewide Parental Bill of Rights Act was introduced but failed to pass in the 2024 legislative session.
   
• Had it passed, it would have guaranteed parents stronger access to school materials, required proactive notifications from schools, and set clearer standards for parental involvement.
   
• The failure of this legislation means New Mexico lags behind other states in providing uniform protections for parents.
   

Parents in New Mexico currently have some rights—but without a formal statewide Parental Bill of Rights, they often face inconsistency, resistance, or lack of transparency at the local level. This makes it even more important for parents to stay engaged, ask questions, and demand access at their child’s school.