ALBUQUERQUE, N.M. – On Monday, a judge ordered the New Mexico Public Education Department cannot enforce the 180 school day rule for now.

It comes after the New Mexico Superintendent’s Association and 60% of New Mexico school districts sued the department.

“The court is going to enter an order prohibiting the PED from enforcing 6.10.5 and further requiring the PED to follow the statutory language 222 8.1 and approve any budgets calendar submissions that comply with the statute,” said Judge Dustin K. Hunter. 

Judge Hunter listened to both sides for six hours during Monday’s preliminary injunction hearing.

Attorney Andrew Bradley Curtis represents the 120 plaintiffs who filed the suit last month.

The superintendent’s association and school districts argue the law is clear, the PED is only allowed to require a certain amount of instructional hours, not classroom days.

“Pursuant to the State Rules Act, no rule is valid or enforceable if it conflicts with statute. A conflict between a rule and a statute is resolved in favor of the statute. Now, again, regardless of indirect conflict with that long-standing, clear and unequivocal law,” said Curtis. 

Curtis also argued the 180-day rule will harm districts. Attorney Holly Agajanian represents the New Mexico Public Education Department, and she disagrees.

“Schools that have been four day work school weeks will have to turn out how to be five. Districts don’t know how to fund them. Those are all harms that are gonna come after the fact. These are not harms that come if there is a preliminary injunction in place while the court decides,” said Agajanian. 

The state argues having an 180-day school year will improve educational outcomes and classroom time.

Another aspect is the PED has asked each school district to create two budgets and two calendars. One would be how they usually operate, and the other would be how they would operate under the 180-day rule.

Some districts and charter schools are eligible to be exempt from the 180-day rule as long as they can show growth in reading and language arts. But that data wouldn’t be available until after the budget is due. 

Judge Hunter pointed out the contradiction during testimony with Sara Cordova, who works for the PED.

“The data for the exemption won’t be available until after the budgets are due,” said Hunter. “It’s kind of a Catch-22. Right?”

The PED has to approve budgets by July 1. The 180 school day rule isn’t completely off the table.

Judge Hunter has given both sides 10 days to give him answers to his questions, which he said could change his mind.

MORE:

• Judge temporarily blocks 180-day school calendar rule
• New Mexico school district leaders sue PED over 180-day calendar rule
• New Mexico implements 180-day school year: What you need to know