A daytime curfew law could restrict homeschooled students in New Mexico from any learning experiences outside the home.
The New Mexico proposal would allow any municipality or county in the state to adopt a curfew ordinance for anyone under age 16. It also allows both a nighttime curfew – between midnight and 5 a.m. – and a daytime curfew during school hours on weekdays, according to the Homeschool Legal Defense Association.
The HSLDA is representing homeschooling families in their fight against the proposal.
The law is meant to keep public or private school students from skipping school, but it neglects homeschool students. It also neglects the fact that many students could be acting within the law.
HSLDA Staff Attorney TJ Schmidt says, “Most of the time, the children who are stopped are over 16 but under 18, and engaged in perfectly lawful activities – like going to college classes, going to private lessons or heading to the store at the request of their parents. HSLDA has been involved in numerous situations where homeschooled students have been stopped, questioned and intimidated while engaged in perfectly lawful activities.”
The bill does include some exemptions if it becomes law. Those exemptions include: if an adult accompanies the student or if the student is not required to be in attendance.
Schmidt said while there are exemptions for homeschooled students, he worries that police could harass homeschoolers.