In embarrassing blow to MLG, judge strikes down overreaching education rule
Far-left Democrat Gov. Michelle Lujan Grisham’s New Mexico Public Education Department’s (PED) proposed “180-day rule” has been officially struck down. Fifth Judicial District Judge Dustin Hunter ruled on Monday that the department’s mandate for all public school districts and charter schools to implement a 180-day instructional calendar “does not align with the Legislature’s clear intention.”
“The PED lacks the authority to implement a rule mandating a minimum number of instructional days for public school districts and charter schools,” Hunter stated in his decision.
The ruling comes after over a year of opposition from school administrators, educators, and lawmakers who challenged the agency’s authority to impose such a requirement.
The controversy began in May 2024, when a coalition of New Mexico school superintendents filed a lawsuit against NMPED, arguing that the mandate constituted “executive overreach.” The lawsuit, backed by over 50 school districts, claimed that enforcing a 180-day school calendar would eliminate four-day school weeks, which are widely used in rural communities.
Stan Rounds, executive director of the New Mexico School Superintendents Association, previously warned that under the new rule, “If you do a four-day week under the new rule, you essentially will have to go to school about 49 of those 52 weeks.”
Superintendent Johnna Bruhn of Mosquero Municipal Schools voiced concerns about the logistical and financial burdens the rule would impose. “The issue is, it’s going to be an increase in travel time and an increase in costs and an increase in the burden on the students and the staff,” Bruhn explained.
Parents and community members also objected to the change. Ronald Dixon, a grandparent of students in Grady, opposed the extended schedule, saying, “I just totally object to it because they don’t give the kids an opportunity to rest, as well as the teachers, and give everybody a break.”
Despite widespread opposition, NMPED defended the 180-day mandate, citing improved student performance in districts that voluntarily adopted extended calendars. Governor Michelle Lujan Grisham also backed the policy, arguing that increasing instructional days would help boost academic outcomes across the state.
However, the court ultimately rejected the department’s arguments, ruling that the mandate conflicted with a state law passed in 2023, which sets instructional requirements at 1,140 hours per year but does not specify a required number of school days.
In his ruling, Judge Hunter emphasized that the Legislature, not the Public Education Department, holds the power to set educational policies. He also pointed to the repeal of a 2009 law that originally established a 180-day requirement, noting that lawmakers had intentionally chosen not to reinstate such a mandate.
Furthermore, the judge highlighted that PED delayed implementing the rule for over a decade, suggesting that even the department had doubts about its own authority. This delay was acknowledged in a December communication to the Legislative Finance Committee.
As a result, the court issued a preliminary injunction, preventing the enforcement of the 180-day requirement and directing NMPED to approve school budgets that comply with existing legal standards.
The court has given both parties ten days to submit additional findings supporting the decision. A scheduling discussion has also been set for Wednesday at 1:00 p.m. to address the case’s next steps.
With the ruling now in place, New Mexico school districts can continue operating under their current calendars without being forced to adopt a longer school year.
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