Senate committee advances bill to let local school boards set instructional days

The Senate Education Committee on March 14 gave House Bill 65 a do-pass recommendation, a measure that would let local school boards and charter governing bodies decide how to structure the number of instructional days and hours in a school year.

The bill’s sponsor told the committee the proposal carries an emergency clause and would take effect upon the governor’s signature. The sponsor said the measure follows a court ruling that struck down an attempt by the executive branch to change school attendance rules by administrative rule.

Senator Woods, sponsor: “We had a lawsuit this last year that, the governor tried by rule to change the days of attendance of the school system, and the lawsuit was successful that said that the law does not support the rule. This further codifies that particular lawsuit.”

Supporters from rural and education groups told the committee local boards are best placed to set calendars. Bonnie Lightfoot, introduced by the sponsor as president of the coalition representing school superintendents, said the measure clarifies state statute and restores decision-making to local districts. Tom Patterson, who identified himself as a Catron County cattle rancher and president-elect of the New Mexico Cattle Growers Association, said his group supports giving local boards authority over instructional days. Lily May Ortiz, legislative liaison for the New Mexico School Board Association, described the bill as “one of our top priorities” and said it preserves local control. John Dirge of AFT New Mexico said the bill reduces administrative overreach and protects communities — including rural districts that have used four-day weeks.

Committee members discussed the bill’s legislative intent and the difference between statutes that set total instructional hours and the calendar structure districts may use to meet those hours. One senator said 16 states legislate days, 10 set hours and some allow either; the sponsor and supporters argued New Mexico statute should be read as setting hours while leaving scheduling choices to districts.

The committee approved a motion for a do-pass. The roll call recorded “yes” responses from Senators Ezell, Figueroa, Hickey, Nava (recorded as Nala in the roll), Ramos, Thorn, Poe and Sowell; the clerk announced the committee had a due pass. The sponsor noted the bill previously passed the House unanimously (the sponsor said the House vote was unanimous with five excused and one absent). The bill will move to the Senate floor next for further consideration.