PED lawsuit may be in court 'up to 2 years'

SAN JON — The superintendent of San Jon Municipal Schools said Wednesday he believes a lawsuit against the Public Education Department’s its 180-day instruction rule will be in court for up to two years.

Alan Umholtz told the San Jon school board during his superintendent’s report that lawyers for the New Mexico School Superintendents Association “feel very good” about its suit against the PED.

The association and more than 50 school districts in New Mexico sued to block implementation of the PED’s 180-day rule, which would increase instruction time from four days to five days a week at many rural districts.

Umholtz said the PED’s rule conflicts with state law — a major contention by the superintendents association in the lawsuit. It argues that during a conflict between an agency’s edict and state statute, state law prevails.

“You can’t make rules up,” he said.

Umholtz said the case would be in court for “up to two years. By then, the governor will be gone” — referring to Gov. Michelle Lujan Grisham, in her second and final term that ends in early 2027. Lujan Grisham supports PED’s bid to add instructional days to school calendars in the state.

He said the PED, instead of using its own lawyers, has hired outside counsel to defend the agency against the lawsuit.

“They’re spending our money for another law firm … and taking money away from our own kids,” Umholtz said.

A Roswell district court judge earlier this month issued a temporary restraining order, preventing the PED from enforcing its 180-day rule. A court hearing on the case was scheduled for Monday afternoon, which was after the Quay County Sun’s deadline.

Umholtz said many superintendents from across the state will attend the Roswell hearing to show support for the lawsuit.

He said many districts had been required to turn in two instructional calendars — one for a four-day week and another for a five-day week. But with the restraining order, districts now have to turn in only one calendar.

In other business:

— Umholtz said a total of 11 architectural firms showed interest in designing a new school building for the district, more than he expected.

He said a district committee has narrowed it to four “excellent” firms.

The board has called for a special board meeting Wednesday to approve a request for proposals for an architect on the school-building project.

He said he hopes to have the new school open by the 2026-2027 year.

Earlier this year, the New Mexico Public Schools Capital Outlay Council board approved an award of $4.14 million to pay for a design for a new school at San Jon.

Estimates are the school will cost close to $40 million, which also would be paid by the state council.

District officials decided to build a new school after determining repairs to the current facility would cost more than $11 million. Fixes would have included new roofs, replacing a deteriorated boiler system, drainage improvements and installing an HVAC system.

— During public comments, San Jon High School junior Addie Lafferty asked the board and administration to promptly hire a new agriculture instructor and FFA sponsor in the district.

Courtney Hilton, president of the San Jon FFA alumni association, also requested support from the administration and board for the district’s agriculture program.

The San Jon FFA chapter’s current sponsor, Renee Sallee, is being reassigned in the district.

After the meeting, Lafferty said the San Jon FFA poultry evaluation team recently won state competition, and she wanted a new chapter sponsor in place well before the team competes at nationals in October.

Umholtz said after the meeting he’s received several inquiries for the position and anticipated it would be filled in two to three weeks.

— Board President Frank Gibson said several district residents asked whether millings scraped off the track could be hauled away for their use.

Umholtz said he’s been told millings should be left alone for now because they might be recycled as part of improvements to the facility.

Umholtz said he was hopeful the track could be finished by the late fall.

— Principal Sharla Rusk said students from fourth through eighth grade showed “a lot of growth” in academic testing from the beginning of the school year to April.

State testing results, however, won’t be available until summer.

— Umholtz said an audit of the district’s food services “went well,” though the report won’t be available until later.

— Longtime district volunteer Yvonne Bone received the annual Excellence in Student Achievement Award from the New Mexico School Boards Association. The board surprised her with the honor, with the pretext that her husband, board member Dale Bone, would receive it instead.