ALBUQUERQUE, N.M. – There’s a new legal battle between our state’s Public Education Department and the dozens of school districts it oversees. It’s all about how long our children should be in school. 

The PED is moving forward with a controversial 180 school day calendar rule despite state law saying school calendars should be based on the total number of instructional hours, not necessarily days. 

School districts all over the state protested this change last fall. Now, they’re taking that fight to the courtroom.

As of Wednesday night, 53 districts are challenging the PED’s 180 school day rule – that’s about 60% of all school districts.

Some of the big ones like Albuquerque, Rio Rancho and Las Cruces are not involved in the lawsuit. That’s largely because this school calendar shift is a much bigger issue for the rural school districts.

“Best decisions are made locally and closest to kids,” said Stan Rounds, executive director of the New Mexico School Superintendents Association. 

Rounds is a former superintendent with nearly 30 years of experience in school districts small and large.

“I’ll say I’ve been to every district in New Mexico,” said Rounds. 

With school calendars, he knows one size does not fit all.

“There are 32 districts that are rural districts, that are on four-day weeks. I’m gonna use Cimarron as an example, because they have students who travel about an hour and a half each way, each day. Now, they’ve divined longer days, less days, so that they don’t have that imposition on those students,” Rounds said. 

But that local compromise is coming to an end. The PED’s new 180 school day calendar rule is supposed to kick in on July 1.

It essentially requires all New Mexico schools to adopt a five-day school week, even though state lawmakers approved a bill last year requiring students to be in school for 1,140 instructional hours – not a certain number of days.

“What we’re arguing is that the state of New Mexico, Public Education Department does not have a legal right to produce a rule that is contrary to state statute,” said Rounds. 

More than 50 school districts across New Mexico are joining a new lawsuit to try and block that rule from going into effect. It’s forcing some districts, like Cimarron, into a corner.

“In talking to those, that superintendent, that board of education, they do not see a way clear,” Rounds said. “They will now have to add 35 days to their calendar, and there’s no money to add 35 days of transportation, 35 days of food services.”

A bipartisan group of state lawmakers tried blocking the rule in February, but Gov. Michelle Lujan Grisham vetoed that attempt. 

“That is in direct conflict with what I think ought to be happening in New Mexico’s public education system,” said Lujan Grisham in February 2024. “I think 180 days should occur.” 

She’s not backing down. In a statement, she says the new lawsuit “Is another pathetic attempt to avoid accountability for delivering a high-quality education to New Mexico students, and we’re going to fight it.”

With lawmakers on one side, and the governor on another, Rounds says a lawsuit is their only option.

“There’s that three-legged stool in government, right? We now go to the only other place we can go, which is to the courts. Have them look in and make a determination, who’s right and what’s best, according to the law,” said Rounds. 

Rounds says a lot of the rural school districts are already feeling the squeeze as they work on budgets for a 180-day school calendar. 

So what’s the benefit of having a five-day school week? PED leaders say the end goal is to improve academic performance. But Rounds says the research is a mixed bag, and one study even showed a four-day week produced better results in some students.

He says right now, most districts are struggling with chronic absenteeism. He believes adding school days to the year could make that problem even worse.

New Mexico’s Public Education Department sent KOB 4 the following statement:

“We appreciate your interest in the legal matter involving the New Mexico Public Education Department and the 180-day calendar rule.

We are fully committed to upholding our responsibilities and ensuring the best interests of our students while doing everything in our power to improve educational outcomes, including the increase in classroom time.

While we do not comment on pending litigation, we want to assure New Mexicans that their Public Education Department remains dedicated to promoting a robust learning environment and fostering excellence in education throughout New Mexico.”

Gov. Michelle Lujan Grisham sent the following statement:

“This is another pathetic attempt to avoid accountability for delivering a high-quality education to New Mexico students, and we’re going to fight it.“