Latest news with #HouseBill65
Yahoo
09-04-2025
- Politics
- Yahoo
PED's 180-day school calendar rule back in the courts
The New Mexico Public Education Department's rule requiring districts have 180 instructional days in the calendar per year is once again being debated in court. (Photo by Klaus Vedfelt / Getty Images) The State of New Mexico's inactive rule requiring school districts to have a minimum of 180 instructional days on their calendars per school year is back in the courts. The New Mexico Public Education Department in March appealed a February decision from Ninth Judicial District Court Judge Dustin K. Hunter, who ruled that the department's rule requiring a minimum number of instructional days in the calendar was unenforceable. Hunter wrote in his decision that the rule conflicted with a current Public School Code statute that requires instead a minimum number of instructional hours. Hunter's ruling came in response to an April 2024 lawsuit from the New Mexico School Superintendents Association and many school boards from across the state challenging PED's original calendar rule, announced in March 2024. The rule itself was a response to the signing of House Bill 130 during the 2023 session, which requires K-12 schools to have a minimum of 1,140 instructional hours each year. Hunter granted an injunction in that case in May 2024, so the rule has never been enforced. According to court documents, the state claims the judge erred in several ways in making his decision. First, the appeal contends Hunter was wrong to limit the scope of the department's rulemaking authority and erroneously used outside evidence to determine legislative intent. The state also asserts in its challenge that no conflict exists between the rule and current statute. Stan Rounds, executive director of the New Mexico School Superintendents Association, a plaintiff in the original case, told Source NM that their team chose legal counsel to represent them in these next court proceedings just last week and are prepared to respond to the state's claims over the next several months of the process. The Legislature attempted to codify the district court's February decision during the recent session through House Bill 65, which would have clarified that local districts have the authority to set the number of school days in their calendar, as long as it meets the instructional hours requirement. HB65 passed in both chambers, but Gov. Michelle Lujan Grisham vetoed the bill. The House voted to overturn the veto, but the Senate did not reciprocate due to lack of time on the last day of the session, so the governor's veto still stands. Source reached out to the governor's office for comment on the court proceedings and a spokesperson referred us to the governor's veto message, which states that Lujan Grisham is concerned with some instances in which school districts have condensed school calendars. Lujan Grisham also mentions concern about 'shortchanging' New Mexico students, particularly in light of the landmark Yazzie-Martinez lawsuit, which found that the state was not providing equitable educational opportunities to at-risk students. 'We weren't surprised that she vetoed [HB65],' Rounds told Source. 'There may be other opportunities for [lawmakers] to consider the override at some point in the future.' Whitney Holland, president of the American Federation of Teachers' New Mexico chapter, told Source that the back-and-forth on the state education department's rule is 'frustrating' and disregards the intent of current laws. The teacher's union supported the plaintiffs in the original lawsuit through an amicus brief. She said it feels as though schools, students and teachers are getting caught in the crosshairs of a larger political battle. 'The legislative intent is to give our school districts and our places of learning that local control and that ability. So I think it's insulting to that,' Holland said. 'This kind of back and forth on will we, won't we…I think it's really destabilizing a little bit, and it's hard to do any longterm planning.' Michael Chavez, superintendent of Hatch Valley Public Schools, told Source that he does not believe more school days lead to better student outcomes but, rather, it's the quality of instruction that counts. He added that especially in smaller, more rural districts, everything from instructional days and class schedules to transportation is tied together. Opponents of longer school years have also raised concerns for rural and tribal schools and the costs associated with added instructional days. 'It really boils down to how effective is your instruction, what goes on in your classroom on a day-to-day basis,' Chavez said. DocumentFragment_62095807.tiff SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
23-03-2025
- Politics
- Yahoo
In final hours, House overrides governor's education bill veto
Mar. 22—SANTA FE — For the first time in Gov. Michelle Lujan Grisham's tenure, a New Mexico legislative chamber voted Saturday to override one of her bill vetoes. While the Senate did not follow the House in voting to override the governor's veto of a bill dealing with a state school day mandate, a top GOP senator suggested that could still happen next year. The drama played out during the final hours of the 60-day legislative session that ended Saturday, which also featured Republicans calling for a special session to deal with public safety and health care access. Over the last several years, Democrats and Republicans have largely stood together to oppose the Lujan Grisham administration's attempts to require at least 180 days in a school year. Many lawmakers have argued for more local control and flexibility, while the governor's administration has maintained more school days would better the state's poor educational outcomes. And with just hours left in the 2025 session Saturday, the House voted 64-0 to override a veto from the governor about instructional days in a school year. House Bill 65 would've codified a court ruling from earlier this year nullifying a Public Education Department policy mandating 180 days of instruction at all schools. It passed through the Legislature without a single "no" vote in both chambers' committee and floor votes. "And that was a message to the governor," said House Minority Leader Gail Armstrong, R-Magdalena, in a post-session news conference. But since the Senate didn't join the House to override the veto, the governor's action stands. Senate Pro Tem Mimi Stewart, D-Albuquerque, said the chamber just didn't have time to get to a veto override motion, working right up until 10 minutes to noon. "The timing was really bad," she said at a news conference, though she later told the Journal she didn't support the local control initiative anyway. The House overrode the veto with about an hour left in the session, quickly and without debate. This isn't the first time the Legislature has opposed the educational measure. Last year, Lujan Grisham line-item vetoed a clause legislators included in the budget that would've barred PED from implementing the 180-day rule. Since taking office in 2019, Lujan Grisham has directly vetoed around four dozen bills, including two so far from this year's session. The Legislature could still decide in 2026 to override the veto during the 30-day session, which Armstrong hinted at. It takes a two-thirds vote from both chambers to get it through. Health care crisis Legislators weren't as aligned on other issues, including the correct way to solve New Mexico's health care professional shortage. Despite a slew of different initiatives introduced in the session, from changes to medical malpractice statute to better staffing-to-patient ratios to interstate compacts, few actually made it to the governor's desk. It drew ire from Republicans, who wrote a letter to the governor Saturday asking for a special session to address health care issues as well as crime. GOP leadership said the Legislature's inability to lower medical malpractice premiums and provide health care incentives is unacceptable. "We had several comprehensive bills which had support input from medical professionals that Democrats refused to consider or simply killed. They seemed to side with the trial lawyers over New Mexico health care providers," said Senate Minority Whip Pat Woods, R-Broadview. The governor, in her own news conference, said she doesn't disagree with the Republicans' sentiments on malpractice and the doctor shortage. Lujan Grisham said more time is needed to move legislators in a "uniform fashion" with regard to changes to medical malpractice law. "We could have done much more here," Lujan Grisham added. Fred Nathan, founder and executive director of think tank Think New Mexico, acknowledged work the Legislature accomplished with its Medicaid funding — which Democrats said adds up to $15 billion between the state and federal government — and reduced taxes on practitioners via future tax commitments. But he agreed that trial lawyers stood in the way of other efforts, specifically mentioning interstate medical compact bills that failed. He told the Journal it "demonstrates the remarkable power of the trial lawyer lobby to bottle up a bill that would have increased access to health care for hundreds of thousands of New Mexico patients." Senate Majority Floor Leader Peter Wirth, D-Santa Fe, in the Democrats' post-session news conference, referenced medical malpractice compromise efforts in 2021 and 2023, when the Legislature changed the Medical Malpractice Act to raise the cap on damages, but said agreements fell apart afterward. Everyone needs to be at the table, he said. "If there's things that we can do and make it better, I think we're open to that. But again, we need to do that with the time to get it right," Wirth said.
Yahoo
17-03-2025
- Politics
- Yahoo
Latest attempt to move Delaware primary election date introduced to state House
Another attempt to move up Delaware's state primary by several months to coincide with the presidential primary is under consideration by state lawmakers. The bill, sponsored by state House Rep. Stephanie Bolden, a Wilmington Democrat, advocates for holding primary elections in April instead of September. While many believe this is a significant departure from First State tradition, others feel changing the date may provide several benefits. Here's what the bill entails. Related: Education roundup: 2 Delaware school districts to seek funding boosts. Are you voting? Introduced on March 6, House Bill 65 would move primary elections to 'the fourth Tuesday in April' – the same day as the primary elections during 'presidential election years.' This bill would apply to elections 'for statewide office, county office and municipal office,' according to its description. If signed into law, this bill would apply to all primaries after December 31, 2026. Under the bill, candidates would file for office by or before 'the fourth Tuesday in February.' Additional dates concerning withdrawing one's candidacy and submitting background checks and filing fees would also be adjusted, according to the bill. For Bolden, a staunch advocate of this bill for roughly eight years, the fight for its passage has been ongoing. She has seen three similar bills passed by the state House but never seen the light of day in the state Senate. Another similar bill was introduced in May 2024 and ultimately passed in the state House the following June, where it was assigned to the state Senate Executive Committee. No further action was taken, according to the bill's entry on the state General Assembly website. In other news: Delaware Senate votes to add abortion protections to the state constitution Primary elections in Delaware are held 'the second Tuesday after the first Monday in September,' according to the state Department of Elections website. John Flaherty of Delaware Coalition for Open Government said moving primary election day would help reduce confusion among Delaware voters and 'vastly increase' overall turnout. Flaherty added having 'one central location on the calendar' would increase efficiency across the First State. Jill Itzkowitz of the League of Women Voters of Delaware said moving primary election day to April – at the same time the General Assembly is still in session – could not only 'hurt legislation' but also impact those running or considering running for office. 'If you're challenging someone who's pretty up there, you need a long time to convince them,' Itzkowitz, who serves as the league's Election Chair, said, adding how 'people are used to our September primary.' This bill is scheduled to be heard in front of state House Elections & Government Affairs Committee on March 19. Bolden remains 'very optimistic' the bill will make it through this session and will garner further support among fellow lawmakers. 'It's not about us,' Bolden said. 'It should be about the voters.' Olivia Montes covers state government and community impact for Delaware Online/The News Journal. If you have a tip or a story idea, reach out to her at omontes@ This article originally appeared on Delaware News Journal: Delaware House considers latest primary election date bill
Yahoo
12-03-2025
- Politics
- Yahoo
Legislators try to codify ruling against minimum 180 school days
Mar. 11—An educational bill advancing in the Legislature with bipartisan support is almost sure to get a veto from Gov. Michelle Lujan Grisham, should it reach her desk. But legislators are chugging along with it anyway to show their distaste for a 180 minimum school days rule the Public Education Department is still pursuing. A state judge last month struck down a PED policy adopted a year ago that would've required all schools to have at least 180 days of instruction, though it never actually went into effect. PED appealed the ruling last week. Meanwhile, state legislators are looking to codify the ruling by way of House Bill 65, allowing local school boards or charter schools' governing bodies to determine the number of instructional days in a school year. The legislation passed its first two committees unanimously and on Tuesday passed the full House on a 64-0 vote with no debate. Some concerns revolve around rural New Mexico schools, many of which have four-day school weeks. The other side of the argument is that more school days would improve New Mexico's academic performance, which repeatedly ranks among the worst in the nation and has been found lacking for tribal students in particular. House Minority Leader Gail Armstrong, R-Magdalena, acknowledged that Lujan Grisham, who has been a vocal advocate of the minimum 180-day rule, is likely to veto the bill. "I'm doing what's right for my constituents and what New Mexico wants, what the judge found in favor of," Armstrong told the Journal on Tuesday. "I'm codifying it in law, and if she wants to veto it, then it just gives us more reason to elect a Republican governor." Lujan Grisham's term is over at the end of next year. Last year, the governor line-item vetoed a provision in the state budget that would've barred PED from using public money to implement the 180-day rule. HB65 includes an emergency clause, meaning it would go into effect immediately if signed by the governor. If the Legislature sends the legislation to Lujan Grisham during the 60-day session, she has three days — excluding Sundays — to veto it, or it automatically becomes law. The Governor's Office deferred to PED for comment. PED spokesperson Janelle Taylor García said in a statement the governor will evaluate the bill in its final form if it reaches her desk. She also pointed out that more than 60% of schools already operate on 180-day calendars. "While (Lujan Grisham) supports local flexibility, we must balance this with statewide educational standards that ensure every New Mexico student receives sufficient instructional time," she said. "The research is clear that consistent, quality classroom time benefits student achievement."
Yahoo
07-03-2025
- Politics
- Yahoo
Local school districts respond to court ruling on PED's 180-day school calendar
Nina Otero Community School Principal Valerie Apodaca works with middle school students. (Photo courtesy Santa Fe Public Schools) As lawmakers work to pass a bill clarifying school districts' control over their academic calendars, scheduling for next year is underway. House Bill 65 proposes making changes to the Public School Code to clarify that local school districts have the flexibility to create their school calendars, as long as they meet the state required minimum of 1,140 instructional hours per year. The instructional hour minimum was raised to its current level in 2023 in response to the landmark Yazzie-Martinez education lawsuit, which found that at-risk students were not receiving equitable educational opportunities from the state. In March 2024, the Public Education Department, under former Secretary Arsenio Romero, created a rule requiring K-12 schools adopt a 180-day school calendar in an effort to meet the instructional hour requirement. Opponents quickly sued PED over the rule due and said it conflicted with state law and also pointed to the added expenses Native and rural school districts would incur for adding instructional days such as transportation and meals. Ninth Judicial District Court Judge Dustin K. Hunter initially issued an injunction against the rule and then in early February 2025 decreed that the education department lacks the authority to mandate a minimum number of instructional days. Now, school districts are back to making their own decisions about their calendars, while a proposed law that would codify their right to do so makes its way through the legislative process. 'I don't believe that the number of school days determines success,' Peñasco Independent School District Superintendent Michelle Gonzales told Source NM. 'I think that what really makes a difference is having teachers that are dedicated and invested in the students and the community.' Gonzales said in her district, which operates on a four-day week, making room in the budget for an extended calendar required cuts to security, cafeteria and maintenance personnel. And to meet the 180-day requirement for the current school year, class started earlier in the year and will end later. School officials also cut the lengths of the winter and Thanksgiving Day breaks. She added that the school calendar committee is moving forward with next year's calendar now that a decision has been made regarding the 180-day rule. Gonzales said the calendar will likely be similar to this year's, but with a start date in August rather than in July. Veronica Garcia, interim superintendent of Santa Fe Public Schools and a former Public Education Department cabinet secretary, told Source that SFPS developed two calendars last year – one with 180 days and one with 175 days. She said because of the injunction granted by the court in the PED lawsuit, SFPS went with the 175-day calendar. The district, which is on a five-day week schedule, conducted a poll of the community, Garcia said, and found that '[in] Santa Fe by and large, the community likes to have the calendar end before Memorial Day.' If the longer calendar year had been adopted, she said school would have likely started in late July. She said next school year's calendar will be made public in April and will also include 175 days. Garcia added that because a large portion of the students in New Mexico attend schools in urban areas, policy is often dictated by these districts, overlooking rural schools. 'I think that the best approach would be to bring superintendents to the table representing large, medium-sized and smaller-sized school districts to work with the PED in collaboration, to work together,' she said. 'I think both sides want the best for the kids and I think it's a matter of understanding each other's perspective and understanding the nuances here, because I don't think it's really a black and white answer.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
