Legislators try to codify ruling against minimum 180 school days

An educational bill advancing in the Legislature with bipartisan support is almost sure to get a veto from Gov. Michelle Lujan Grisham, should it reach her desk. But legislators are chugging along with it anyway to show their distaste for a 180 minimum school days rule the Public Education Department is still pursuing.

A state judge last month struck down a PED policy adopted a year ago that would’ve required all schools to have at least 180 days of instruction, though it never actually went into effect. PED appealed the ruling last week.

Meanwhile, state legislators are looking to codify the ruling by way of House Bill 65, allowing local school boards or charter schools’ governing bodies to determine the number of instructional days in a school year.

The legislation passed its first two committees unanimously and on Tuesday passed the full House on a 64-0 vote with no debate. Some concerns revolve around rural New Mexico schools, many of which have four-day school weeks.

The other side of the argument is that more school days would improve New Mexico’s academic performance, which repeatedly ranks among the worst in the nation and has been found lacking for tribal students in particular.

House Minority Leader Gail Armstrong, R-Magdalena, acknowledged that Lujan Grisham, who has been a vocal advocate of the minimum 180-day rule, is likely to veto the bill.

“I’m doing what’s right for my constituents and what New Mexico wants, what the judge found in favor of,” Armstrong told the Journal on Tuesday. “I’m codifying it in law, and if she wants to veto it, then it just gives us more reason to elect a Republican governor.”

Lujan Grisham’s term is over at the end of next year. Last year, the governor line-item vetoed a provision in the state budget that would’ve barred PED from using public money to implement the 180-day rule.

HB65 includes an emergency clause, meaning it would go into effect immediately if signed by the governor. If the Legislature sends the legislation to Lujan Grisham during the 60-day session, she has three days — excluding Sundays — to veto it, or it automatically becomes law.

The Governor’s Office deferred to PED for comment. PED spokesperson Janelle Taylor García said in a statement the governor will evaluate the bill in its final form if it reaches her desk. She also pointed out that more than 60% of schools already operate on 180-day calendars.

“While (Lujan Grisham) supports local flexibility, we must balance this with statewide educational standards that ensure every New Mexico student receives sufficient instructional time,” she said. “The research is clear that consistent, quality classroom time benefits student achievement.”