A coalition of New Mexico school superintendents has initiated legal action against state officials, challenging the public education department’s imposition of a 180-day school calendar.
The superintendents argue that the rule represents a case of “executive overreach,” according to Stan Rounds, the executive director for the New Mexico School Superintendents Association.
During a court session in Roswell, a District Court judge issued a temporary restraining order against the New Mexico Public Education Department’s (NMPED) mandate, which was set to start in fall 2024.
The rule would abolish the four-day school weeks prevalent in many of the state’s rural areas. “If you do a four-day week under the new rule, you essentially will have to go to school about 49 of those 52 weeks,” explained Rounds.
The lawsuit, supported by over 50 school districts and including officials from Mosquero, contends that the extended calendar would significantly increase travel times, costs, and burdens for both students and staff.
Superintendent Johnna Bruhn of Mosquero Municipal Schools highlighted these concerns, stating, “The issue is, it’s going to be an increase in travel time and an increase in costs and an increase in the burden on the students and the staff.”
The discontent extends beyond administrators to the community. Ronald Dixon, whose grandchildren attend school in Grady, expressed his disapproval, emphasizing the impact on recovery and rest. “I just totally object to it because they don’t give the kids an opportunity to rest, as well as the teachers, and give everybody a break,” he said.
In response to the lawsuit, the PED provided a statement defending the policy by pointing to schools that voluntarily adopted longer calendars and reportedly saw improved student outcomes. Governor Michelle Lujan Grisham also voiced support for the rule, asserting that it would enhance the state’s educational performance.
However, a court just ruled that PED’s mandate violates 2023’s law change requiring 1140 instructional hours and does not comply with legislative history. Additionally, the rule was found to be at odds with legislative history. The judge emphasized that legislative power prevails in determining the structure of educational policies.
Referencing the 2009 law that initially introduced the 180-day requirement and its repeal two years later in 2011, the judge highlighted this legislative action as indicative of the intent not to enforce such a mandate. Furthermore, the judge pointed out that PED’s delay of 12 years to enact the 180-day rule, as noted in a December communication to the Legislative Finance Committee, suggests that the department itself doubted its authority to impose this requirement.
As a result, the judge granted a preliminary injunction against the enforcement of the rule, citing its inconsistency with established statutes and its contravention of legislative objectives. The court also mandated that PED must approve school budgets that adhere to current legal standards.
The court requires the submission of findings within ten days to support this order. Additionally, a scheduling discussion is set for Wednesday at 1:00 p.m. to address the matter further.
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Author: Renato Costa
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