Injunction halts PED's 180-day rule

ROSWELL — A district court judge last Monday granted an injunction prohibiting the New Mexico Public Education Department from implementing its 180-day school calendar.

District Judge Dustin K. Hunter of Roswell stated in his ruling that the injunction will remain in effect “pending final determination of the merits of this cause.”

More than 50 school districts, including all in Quay County, joined the lawsuit challenging the rule. They argue the mandate would result in budget shortfalls, essentially eliminate four-day school weeks that have been observed in the state’s smallest districts for decades, and limit control by local school boards.

Andrew Curtis, one of the attorneys for the New Mexico School Superintendents Association that initially brought the lawsuit, said in the crowded courtroom that the PED’s 180-day rule conflicts with state law regarding school instruction.

“A conflict between a rule and a statute is in favor of the statute,” Curtis said.

He called the PED’s rule “a clear and unapologetic attempt to circumvent the Legislature.”

Citing an email from a PED official to Cimarron Municipal Schools, Curtis said if school districts fail to submit a 180-day calendar, its school board would be liable to be taken over by the state.

Logan Municipal Schools superintendent Dennis Roch testified that the PED’s new rule would require an additional 33 instructional days on his district’s calendar.

Based on teachers’ daily pay, that would require at least another $388,000 in funding, which would be more than what the district pays each year in all its utilities.

He said the costs of the 180-day rule would be “astronomical.” Based on current funding levels from the state, he said his district would have to cut programs to meet its budget.

“It is impossible,” Roch said. “The funding doesn’t exist to cover all the days.”

Stan Rounds, testifying on the behalf of the superintendents association, estimated each day of instruction would cost the state an additional $20 million. Rounds said districts on a four-day schedule would need at least a 20% increase in its budgets to comply with the 180-day schedule.

He said the Legislature during its session did not allocate funds for the 2024-2025 school year for a 180-day schedule. He said lawmakers gave a 6% increase in funds. Half would go to state-mandated raises for teachers, and the other half would be eaten up by risk insurance premiums, Rounds testified.

PED has offered a waiver for four-day schools if they meet a certain reading-proficiency requirement from students.

“I know of no school that will meet that requirement in this cycle,” Rounds testified.

One of the waiver requirements is a 10% increase in reading proficiency in one year. Rounds said the PED recently denied a district’s goal of a 10% increase in reading proficiency in one year, saying it was unreasonable. The PED said an annual growth of 5% to 7% was more attainable.

Rounds testified the PED took about 2,700 public comments about its proposed 180-day rule. He said 98.5% of the comments opposed it. During a PED public hearing that lasted four to five hours, most people also voiced opposition to the rule, he said.

During testimony by a PED official, Judge Hunter said school districts were in “a Catch-22” for having to submit two budgets and two calendars and apply for waivers even though they won’t have reading-proficiency data until summer.

Holly Agajanian, an attorney for the PED, described the districts not submitting two school calendars and budgets to comply with the rule as “self-inflicted harms.”

“It is certainly a lot of work and inconvenient,” she said.

Teacher unions and many lawmakers joined the districts in opposing the 180-day rule.

The rule was scheduled to be implemented July 1. It wasn’t clear whether PED has given up on the 180-day rule for the 2024-2025 school year.

Hunter’s ruling noted, “This matter will be set for an expedited briefing schedule.”

Michael Coleman, communications director for Gov. Michelle Lujan Grisham, said PED is “exploring our legal options as we continue to fight this lawsuit and do everything we can to improve the public education system in New Mexico.”

“We believe the public education department has the rule-making authority to set guidelines for school calendars in the best interest of students,” he said in a statement.

“Evidence shows more days in the classroom, not just more hours, improves student performance and ensures that New Mexico children receive the classroom time they need to succeed.”

Current PED standards require schools set a minimum 1,140 hours of classroom instruction time.

Plaintiffs attorneys Curtis and Matt Chandler issued a joint statement after last Monday’s ruling, saying they are “very encouraged” and that Hunter’s ruling “indicates there is a substantial likelihood that the plaintiffs will prevail.”

“This ruling recognizes the significant concerns that we raised about the unconstitutional overreach from the PED and the potential negative impacts of imposing a uniform school calendar across New Mexico,” they stated.

Ron Warnick of the Quay County Sun contributed to this report.