Judge temporarily blocks PED's 180-day rule
Published
Modified
A state judge has issued an order that temporarily bars the state Public Education Department from enforcing a controversial rule that requires public schools to spend 180 days with students.
District Judge Dustin Hunter of Roswell issued the temporary restraining order on Friday in response to an April 18 lawsuit filed by the New Mexico School Superintendents Association and about 55 of the state鈥檚 89 school districts.
Hunter also scheduled a hearing next Monday in Roswell to hear objections to the order.
The rule as originally proposed would require schools to spend over half their time on five-day school weeks. Many rural districts operate on four-day schedules.
Gov. Michelle Lujan Grisham, a vocal proponent of the rule, line-item vetoed in March a provision in the state budget bill that would have barred the PED from using public money to implement the 180-day rule.
Plaintiffs argued that they would suffer 鈥渋mminent and irreparable harm鈥� without the temporary restraining order.
The 90-page lawsuit said the rule amounts to 鈥渦nlawful, overreaching mandates鈥� by the PED.
Hunter was designated by the state Supreme Court to hear the lawsuit, which was originally filed in the 9th Judicial District Court.
Hunter鈥檚 rule satisfies the lawsuit鈥檚 request for a temporary restraining order and injunctive release to prevent PED from implementing the rule.
The department previously said the rule would take effect July 1.
The suit was filed by districts ranging in size from small rural districts to Santa Fe Public Schools.
