Restraining order imposed on PED rule

A Roswell 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 during the 2024-2025 school year. Districts on a four-day schedule could apply for a waiver, but it would require substantial increases in students’ reading proficiency this year.

Tucumcari interim superintendent Dave Johnson has said only a handful of districts in New Mexico would qualify for the waiver.

The order Friday 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 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 lawsuit “another pathetic attempt to avoid accountability for delivering high-quality education to New Mexico students.”

She has vowed to fight the lawsuit, which was filed last month in Curry County.

Superintendents representing more than 50 New Mexico districts, all four in Quay County, signed on to the lawsuit, largely citing concerns about school boards losing local control to the state.

The prospect of a five-day week this fall already has prompted several teachers and staffers to leave the Tucumcari school district because of lengthy commutes from Nara Visa, Mosquero or Amarillo.

Johnson last month recommended the TPS board approve a resolution, supporting the superintendent’s involvement in the lawsuit against the PED.

“I just hate to lose local control,” Johnson said before the board’s vote. “I think we’re allowing one branch of government over another branch. It’s a separation of powers issue. I’d like to see us hold our ground on it.”

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

The Quay County Sun contributed to this report.