A new mandate requiring school districts across New Mexico to adopt calendars of at least 180 days was put on hold Monday by a judge as they considered the legality of the change.
Dozens of school districts and superintendents are appealing the changes to the state Department of Public Instruction. Teachers unions and Republican lawmakers have also expressed concerns about the rule.
Judge Dustin Hunter granted the school district’s request for a preliminary injunction, ruling that the rules reflect Congress’ intent when it adopted a bill in 2023 that would have increased the amount of time children spend in classrooms and the amount of time teachers spend on professional development. He said it was damaging.
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“If Congress intended to expand the number of days with all the ancillary costs such as transportation, meals, and specialized providers such as special education, it would necessarily either provide funding or provide clear guidance as to why. I would have given it to you.’ No way,” Hunter said.
Plaintiffs argued that this requirement would create budget shortfalls, especially in school districts that have operated on a four-day week for decades.
“There are 89 different stories in 89 different districts, and there are 89 different ways to give our kids a good education,” Stan Rounds, executive director of the New Mexico Coalition of Educational Leaders, testified. “They’re very different. One size doesn’t fit all.”
In 2023, New Mexico increased the number of hours students are in school from about 1,000 hours to 1,140 hours. (Paul Bersebach/MediaNews Group/Orange County Register via Getty Images)
State officials argue the changes will ultimately improve educational outcomes.
Holly Agajanian, chief legal adviser to Gov. Michelle Lujan Grisham, argued that there would be no negative impact on school districts if the state is allowed to proceed with its obligations pending a ruling on the merits.
He said the district could submit its budget on two alternative calendars. One would follow the 180-day rule, and the other would assume that schools would not have to meet their obligations if the district wins the case.
Mr. Agajanian told the court that although there had been considerable comment on the rule, the court “should not view this rule as a public opinion, especially when weighing the harms.”
Lawyers for the school district said 98 percent of the thousands of public comments violated the rules.
Hunter asked districts to submit budgets and schedules and apply for waivers, even though the state does not have the student performance data needed to determine whether they qualify for a waiver. He admitted that he was creating a Catch-22.
The Roswell courtroom was packed Monday, with dozens of school officials, lawmakers and the district attorney watching the livestream.
Consideration of the 180-day rule began last year and there was much opposition. It was at the end of this year’s legislative session that the Department of Public Education announced it would implement the rules effective July 1.
Public Education Secretary Arsenio Romero told reporters in March that the changes were just one of many efforts the agency was taking to lift New Mexico from the bottom of national education rankings. . She pointed to structured literacy programs in kindergarten and early grades, technology education and internship opportunities for older students, and summer programs to help students stay on track.
Romero said the agency listened to those who spoke during the public comment period and included flexibility to allow four-day work weeks as long as school districts can show improved academic performance. He said there was.
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Regarding the law passed in 2023, New Mexico increased the number of hours a student is in school from approximately 1,000 hours to 1,140 hours. The change has forced some school districts across the state to extend or add school days to meet the requirements. The law also allowed room for professional development for teachers during regular school hours.
In the Logan district, Superintendent Dennis Locke testified that it would be an “astronomical” cost for the small district to add 33 days to its calendar to comply with the new rules. He said the additional cost of teacher salaries, not including support staff, would total about $388,000, which is more than what the district pays for heating, cooling and power in buildings.
He called the cost “totally unfeasible.”
