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PED's 180-day school calendar rule back in the courts
PED's 180-day school calendar rule back in the courts

Yahoo

time09-04-2025

  • 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

Bill clarifying local control of school calendars moves forward in the Legislature
Bill clarifying local control of school calendars moves forward in the Legislature

Yahoo

time24-02-2025

  • Politics
  • Yahoo

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. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

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