Governor considers legal options following preliminary injunction blocking 180-day school rule

May 14—Gov. Michelle Lujan Grisham's office is considering legal recourse after a state district judge halted a controversial Public Education Department rule mandating 180 instructional days at schools across the state.

"We are exploring our legal options as we continue to fight this lawsuit and do everything we can to improve the public education system in New Mexico," Michael Coleman, communications director for the Governor's Office, wrote in an email to The New Mexican.

The Public Education Department is in agreement with the statement released by the Governor's Office, said Janelle Taylor García, a spokeswoman for the agency that oversees K-12 public schools in the New Mexico.

The preliminary injunction, handed down by Fifth Judicial District Judge Dustin Hunter on Monday after an hourslong hearing, will halt the 180-day rule from going into effect until the conclusion of a civil case brought by the New Mexico School Superintendents Association and more than 50 school districts across the state — including Santa Fe Public Schools.

The controversy has dominated discussions about public education in a state struggling to improve and comes at the height of schools' and districts' budget season for the 2024-25 school year. The rule is likely to remain in effect through June, allowing schools to side-step the 180-day rule for now.

Santa Fe Public Schools officials have not yet decided how many days its students will be expected to attend school next year, Superintendent Hilario "Larry" Chavez said in an interview Tuesday.

Though the school board still plans to approve a balanced budget during its next meeting May 21, the precise number of days will depend upon ongoing negotiations with the districts' two unions, the superintendent said.

However, the first day of school for the 2024-25 school year is "set in stone," Chavez said: Students will return from summer break Aug. 9.

While explaining his decision Monday, Hunter said previous legislative action — including a move to roll back a 180-day mandate and a bill passed in 2023 specifying minimum hours, not days, in a school year — indicated the Legislature did not intend to specify a minimum number of days for the school year.

But in a statement, Lujan Grisham's office disagreed.

"We believe the Public Education Department has the rule-making authority to set guidelines for school calendars in the best interest of students," Coleman said.

He continued, "Evidence shows more days in the classroom, not just more hours, improves student performance and ensures that New Mexico children receive the classroom time they need to succeed."