N.M. Admin. Code § 18.20.3.8

Current through Register Vol. 35, No. 24, December 23, 2024

Section 18.20.3.8 - STUDENT ELIGIBILITY

A. Driver education schools. A driver education school shall not enroll a person as a student unless the person will be fifteen (15) years of age on or before the date the classroom portion of the driver education course will be completed.

B. Correspondence courses. A correspondence course shall not enroll a person as a student unless:

(1) the person will be fifteen (15) years of age on or before the date the correspondence course will be completed; or

(2) the person has obtained prior written approval from the bureau; in order to obtain prior written approval from the bureau, the person shall:

(a) submit an application for permission to enroll in a driver education correspondence school, completed and signed by the person's parents or legal guardian; a person may obtain an application by contacting the bureau at 1-800-541 -7952 or accessing the bureau's website at http://www.nmshtd.state.nm.us;

(b) document in the completed application that the person meets at least one (1) of the following criteria, subject to the bureau's approval:

(i) availability: the parent or legal guardian shall provide documentation that there is not a driver education program at the person's mid school, junior high school or high school, or that there are no private driver education programs available within a reasonable distance;

(ii) distance: the parent or legal guardian shall provide documentation that there is not a private driver education school within twenty-five (25) miles of the person's home and that the person's mid school, junior high school or high school does not provide a driver education course;

(iii) schedule: the parent or legal guardian shall provide documentation that the person's scholastic, activity or work schedule prevents the person from attending either a mid school, junior high school or high school driver education school or a local private driver education school;

(iv) home schooling: the parent or legal guardian shall provide verification of notification to the New Mexico public education department of the intent to home school the person in all subjects; or

(v) extenuating circumstances: the parent or legal guardian shall provide documentation of any other extenuating circumstance that prevents the person from attending either a mid school, junior high school or high school driver education school or a local private driver education school.

N.M. Admin. Code § 18.20.3.8

18.20.3.8 NMAC - N, 1-1-03; A, 2-13-09