Judge grants temporary restraining order against PED's 180-day rule

A district court judge on Friday issued a temporary restraining order preventing the New Mexico Public Education Department from enforcing its 180-day school rule, court records show.

The PED’s new rule was to be implemented with the 2024-2025 school year.

The order issued by Judge Dustin K. Hunter of Roswell requires the PED to “show cause” at a hearing on May 13 as to why the order should not continue “as a preliminary injunction pending final determination” of the case.

The judge ruled that the plaintiffs – New Mexico School Superintendents Association -- “will suffer irreparable injury” unless the temporary restraining order is issued.

“(T)he threatened harm to Plaintiffs outweighs any potential harm this Temporary Restraining Order might cause Defendants,” the order reads.

Gov. Michelle Lujan Grisham has called the plaintiffs’ lawsuit “another pathetic attempt to avoid accountability for delivering high-quality education to New Mexico students.” She has vowed to fight the lawsuit, filed last month in Curry County.

Superintendents representing more than 50 New Mexico districts, including Clovis, Portales and most in eastern New Mexico, signed on to the lawsuit, largely citing concerns about school boards losing local control to the state.

The mandate of 180 instructional days “not only challenges the efficacy of our current school calendar but also threatens the very essence of local control,” Clovis Municipal Schools Superintendent Renee Russ has said.

“Our community has thrived on the ability to tailor our school calendar to the unique needs and values of CMS.”

The hearing on the restraining order is set for 1:30 p.m. on May 13 in Clovis.