Roch: Lawsuit prepared against 5-day school plan

The superintendent for Logan Municipal Schools told his board last week the state superintendents association was prepared to file a lawsuit to block the state education department from implementing a five-day school week.

Logan superintendent Dennis Roch, a member of the New Mexico School Superintendents’ Association, said the proposed rule by the state’s Public Education Department to raise instruction to 180 days a year conflicts with state law.

The proposal would force many rural schools, including all four in Quay County, to go from a four-day to five-day instruction schedule per week.

Roch said if a rule conflicts with state law, state law prevails. He said the PED’s proposed 180-day rule conflicts with state law that specifies 1,140 hours of instruction time.

State law also specifies that professional instruction time for teachers will be included in those hours. The proposed rule does not.

Roch cited another state law that allows school boards to choose whether to have four- or five-day weeks.

“If the law already authorizes that choice, then the PED can’t take that choice away,” he said.

He said an attorney for the superintendents association looked at the proposed rule and state laws, and he concluded it was an “open and shut” case in favor of school districts.

“We’re preparing litigation on behalf of the superintendents association,” Roch said.

Roch also said the PED’s proposed rule was supposed to be implemented on Jan. 16, but it wasn’t published on that date.

“I have strong suspicion they don’t want to issue that rule during the legislative session,” he said, noting the Legislature’s education and appropriations committees strongly oppose it.

Roch said PED also is required to state reasons it cannot accept public comments that oppose the five-day rule. Because of “overwhelming response” to the proposal, he said the agency likely needed more time to write its responses.

In other business:

— District Judge Albert Mitchell Jr. administered the oath of office for board members Laurie Strebeck, Tom Humble, Kene Terry and newcomer Cole Wallin, all who were elected in November.

In remarks after the swearing-in, Mitchell said “you need to let (the legislature) know how much credibility you have.” He said the long tenure of superintendents at Logan and Tucumcari show how well-run those districts are.

As part of board reorganization, Toby Willis then was elected president, Terry vice president and Wallin secretary.

Wallin and Strebeck were assigned to the board’s finance committee, and Humble and Terry were picked for the audit committee.

— During his academic update, Roch said only a small percentage of students in the middle school and high school had failed one class.

He said only five of 89 students in the high school had failed at least one class, a rate of 5.6%.

In the middle school, just two students had failed at least one class, which put the rate at under 5%, Roch said.

“That tells you how diligent our teachers are in working with our kids,” he said, adding they are helping those students who failed classes.

He said the district also implemented an intervention program to boost middle-school students’ skills. He said one hour a week is being devoted from elective courses to work on English and math skills for all students.

— The board voted to give a staff member five additional days of personal leave after the death of a child.

Roch said the staffer had used up all personal leave, but the board has the discretion to grant five additional days. He described the employee as “valued,” and he recommended the extra time.

When Humble asked whether other district employees can donate personal time, Roch said that doesn’t apply to bereavement.

Willis said the board ought to consider a change in policy to allow the donating of personal time “for a situation like this.”