Bill clarifying local control of school calendars moves forward in the Legislature
A bill that would allow local school districts to determine their own school calendars advanced unanimously through the House Education Committee Monday, Feb. 24, 2025. (Photo by Klaus Vedfelt / Getty Images)
Legislation that would allow local school districts to determine their own calendars for the school year — a proposal that aligns with a recent court decision — advanced unanimously through the House Education Committee Monday morning.
House Bill 65, sponsored by Reps. Gail Armstrong (R-Magdalena) and Rebecca Dow (R-Truth or Consequences), clarifies the state requirements for school instructional time in the Public School Code.
Since Gov. Michelle Lujan Grisham signed House Bill 130 into law in 2023, public school students in K-12 have been required to receive a minimum of 1,140 instructional hours per year. Lawmakers increased instructional hours in response to the ruling in the landmark Yazzie-Martinez education lawsuit, which found the state was not providing equitable opportunities to at-risk students.
The Public Education Department, under former Secretary Arsenio Romero, established a rule requiring schools adopt a 180-day school calendar in March 2024 as a way of providing additional instructional hours. The New Mexico School Superintendents Association sued the PED over the mandate in April 2024 because they claimed it conflicted with state law.
Ninth Judicial District Court Judge Dustin K. Hunter agreed and recently ruled the PED lacks the authority to mandate a minimum number of instructional days. The PED still has time to appeal the court's decision. Janelle Garcia, communications director for the PED, told Source NM that the department is 'dissatisfied' with the decision.
'PED firmly believes that our students can achieve better educational outcomes when we maximize learning opportunities, as the rule intended. PED is currently in the process of reviewing the decision for the purposes of determining the appropriate next steps,' Garcia said in a statement.
Stan Rounds, executive director of the New Mexico School Superintendents Association, joined Armstrong Monday to address the House Education Committee and said HB65 will erase any uncertainty surrounding instructional hours.
'This codifies, in my opinion, what the court ruled. Once you codify the statute and sign and put it into law, then it's not of any question,' Rounds said. He added that the bill includes an emergency clause, meaning the bill will go into effect immediately if signed by the governor, to stop any challenge to the rule if PED appeals the court's decision.
Representatives from AFT (American Federation of Teachers) New Mexico, Public Charter Schools of New Mexico, New Mexico School Board Association, New Mexico Cattle Growers' Association and Grady Municipal Schools all spoke in favor of the bill, citing local control of the calendar as a benefit.
Colt Grau, president of the school board for Grady Municipal Schools in Curry County, highlighted his school district's high performance under a four-day a week schedule.
'We should know [students'] circumstances and that of their families,' Grau said during the meeting. 'We do as a board and I do personally as a father of two elementary-aged children. Respectfully, agency officials in Santa Fe don't, nor can they be expected to. They need to understand that New Mexico school districts cannot function effectively with a one-size-fits all approach.'
House Education Committee members voiced their agreement with local control and quickly passed HB65 through the committee unanimously. It now heads to the House Government, Elections and Indian Affairs Committee.
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