HVPS Community, Friends, and Advocates,
Hondo Valley Public Schools and all public school districts in New Mexico are facing a significant challenge from the New Mexico Public Education Department (NMPED). They are proposing a rule change that would mandate all school districts in the state to adhere to a minimum of 180 student days per academic year, rather than to simply meet the 1,140 hour requirements stated in statute.
Currently, HVPS enjoys a calendar with 152 student days—which meets the 1140 hour requirement. The proposed changes would also remove the ability for us to continue with the fulltime 4-day per week schedule - a model that has been in place for well over forty years in many locations.
The proposed change is not supported by research, which consistently shows that increased instructional time alone does not guarantee improved student outcomes. Rather, factors such as regular attendance, student engagement, smaller class sizes, rigorous learning opportunities, highly qualified teachers, high quality learning materials, and robust family and community support are proven contributors to academic success.
What's more concerning is that the NMPED is attempting to enforce this rule by inserting language into the rule that does not currently exist in New Mexico Statute, and by doing so, will be exerting authority they do not have. It's a move that raises questions about the department's power and the potential infringement on our local autonomy.
Furthermore, the proposed amendment from NMPED not only challenges the efficacy of our current school calendar but also threatens the very essence of LOCAL CONTROL.
The proposed mandate strips away this essential element of local control, undermining our ability to make decisions that best serve our students, parents, and educators. We need to stand united to ensure that decisions about our school calendar remain in the hands of those who know our community best—us.
Here is a summary (with statutory references) of the legal issues apparent in the proposed PED regulation 6.10.5.
- The Public School Code (22-2-8.1) only specifies a minimum number of instructional hours, NOT a minimum number of instructional days
- Section 22-2-8.1 of state law also clearly indicates that a portion of the instructional hours may be “professional work hours,” but the proposed regulations require that the new minimum number of days be ““exclusive of teacher professional work hours,” meaning that staff training would have to be IN ADDITION TO the 180 school days! This would be a minimum of 184 days.
- The Public School Finance Act (22-8-23.14) specifically authorizes schools to operate on either 4-day or 5-day school weeks… Departmental regulations cannot prohibit something which is otherwise authorized by statute.
Use the link below to send in comments before the “public comment period” ends on Monday, December 18, at 5 pm. Be sure to specify that you are submitting a comment regarding Regulation 6.10.5 NMAC (not HB 130, as some have suggested). Be advised that written comments will be given equal weight to verbal comments presented during the Rule Hearing on December 18.
Feedback for proposed rulemaking may be submitted via e-mail or mail… Email: Rule.Feedback@ped.nm.gov
Note: When submitting feedback, we kindly request that you specify which rule(s) you are submitting feedback for. This is especially helpful when the Department is accepting feedback for multiple proposed rules at the same time.
Let's make our voices heard and stand up for what we believe is right for our students, our schools, and our community.