Judge extends temporary block on New Mexico’s 180-day school rule
Pastor Dewey Moede
Credit: Gail 'Missy' Armstrong for New Mexico [gailfornewmexico.com]
Last in education and the governor and her gang are busy trying to mess up our kids. How horrible! Sometimes I think ‘the gang’ meets to plan bad things for the state. By the way, where is all that pot money the state has????? What is being down with that evil money? New Mexico Last in almost anything good
New Mexico House Republicans issued this statement after the District Court’s ruling:
SANTA FE, NM – Today marked a huge win for school districts as the 5th Judicial District Court issued a temporary restraining order prohibiting PED from enforcing their new 180-day mandate. The judge acknowledged legislative intent was extremely clear, and PED overstepped its authority by implementing the mandatory minimum instructional days for all school districts statewide. “This is a huge victory for rural school districts across the state,” said Gail Armstrong (R-Magdalena, pictured above). “We will continue to advocate for PED to respect legislative intent and local control. We will also continue to support the districts in their challenge of PED’s overreach.”
Gail Armstrong posted this on her Facebook page:
Update on hearing!
In the court’s opinion, PED’s rule does not comply with last year’s law change that requires 1140 instructional hours, nor does the rule comply with legislative history. The judge stated the legislature is in control and it gets to decide what happens. The judge relied on the 2009 statutory change to require 180 days and its subsequent repeal in 2011 to demonstrate the Legislature’s intent. He also noted PED’s conduct in choosing to wait 12 years before implementing the 180 days (that the Secretary noted to LFC in December had been on the books but not implemented) evidences the department itself did not believe it had the authority to move forward and require 180 days. The judge issued a Preliminary injunction from enforcing the new rule because it is inconsistent with statute and because it undermines the Legislature’s intent. He also ordered PED to approve school budgets that comply with the current statutory requirements.
Finding need to be submitted to the judge within 10 days and court will enter findings of fact and conclusions of law to support the order.
Scheduling will be discussed on Wednesday at 1 pm.
