The New Mexico Public Education Department has finalized a rule change that mandates a minimum of 180 instructional days for all schools starting in the 20242025 academic year, while introducing exemptions that allow for flexibility based on public feedback and performance metrics. The rule is expected to be submitted for adoption on March 14.
This rule change comes after the passage of House Bill 130 during the 2023 Legislative Session, which initially sought to increase instructional time.
According to PED Secretary Arsenio Romero, this policy adjustment aims to standardize instructional time across the state, responding to the disparities revealed in school schedules, with the goal of enhancing student outcomes. The rule change comes after Governor Michelle Lujan Grisham signed House Bill 171 which overhauled graduation requirements for students beginning high school in the 2024-2025 academic year.
“This is about doing what’s right for kids, even if it’s hard,” Romero said.
Under the new rule, accommodations are made for four-day school week calendars, recognizing the unique circumstances of some districts and charter schools. Romero said early college high schools are exempt from this requirement, acknowledging their specialized curriculum that often goes beyond standard high school education.
The amended rule features exemptions based on academic growth in reading and language arts. Schools can qualify for these exemptions if they demonstrate substantial improvement in these areas, as determined by the PED, based on proficiency rates and growth metrics from the previous academic years.
• School districts or charter schools with a proficiency rate in reading and language arts below 45 percent will be required to show a minimum improvement of 15 percentage points in these subjects to qualify for exemptions under the new guidelines.
• School districts or charter schools with a reading and language arts proficiency rate of 45 percent or more but less than 65 percent, will be required to increase scores at least 10 percentage points in achievement within these subjects to qualify for an exemption.
• School districts or charter schools that have a proficiency rate in reading and language arts of 65 percent or higher but below 80 percent are required to achieve a minimum growth of eight percentage points in these subjects to qualify for exemptions under the new guidelines.
• Should a school district or charter school attain a proficiency rate of 80 percent or higher in reading and language arts, it will qualify for an exemption from the 180 instructional-day mandate, irrespective of any further growth in these metrics.
Romero said this rule allows local communities to retain control of their school calendars.
The rule also sets a minimum daily attendance requirement for high school students. Students must participate in at least 3.5 hours of instructional activities each day. This requirement can be met outside of traditional class periods if students engage in equivalent educational or vocational experiences, such as apprenticeships, work-study programs, dual-credit courses, employment, community service, or related activities.
The decision has not been without controversy. Critics, including Albuquerque Federation of Teachers President Dr. Ellen Bernstein, who argued during public comment in December, that the change might be a “false solution” to more complex educational problems, suggesting a need for more holistic approaches that address issues like attendance, counseling, and the overall welfare of students and educators.
Despite opposition, the PED remains firm on its stance, pointing to the low proficiency rates among students in New Mexico as a driving force behind the need for increased instructional time. Within his remarks, Romero stated his belief that this rule change, alongside other initiatives, will help in addressing chronic absenteeism, improving literacy, and providing high-quality instructional materials to students.
As the state prepares for the implementation of this rule in the 2024-2025 school year, discussions continue around the balance between standardizing educational requirements and maintaining flexibility to meet local needs.
In a press conference on March 7, where the full leadership team at PED was present, Romero explained that “this is a win-win for everybody. It provides additional learning time for our students but also allows for additional compensation to our teachers.” He argued this rule change will bolster local gross receipts taxes, and “there is a win-win-win for everyone in this.”
Romero highlighted the importance of quality instructional time in addressing the educational challenges within the state. “We are moving forward because it is what’s best for students,” Romero said, “We must improve student outcomes across the state, our students deserve better, and that begins with quality instructional time in the classroom. We know that this will be a key to turning the tide on academic performance in the state.”