1. 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.

2. 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.

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