LESC bill analyses are available on the New Mexico Legislature website (www.nmlegis.gov). Bill analyses are
prepared by LESC staff for standing education committees of the New Mexico Legislature. LESC does not assume
any responsibility for the accuracy of these reports if they are used for other purposes.
LEGISLATIVE EDUCATION STUDY COMMITTEE
BILL ANALYSIS
57th Legislature, 1st S ession, 2025
Bill Number *HB65 Sponsor Armstrong
Tracking Number .229119.1 Committee Referrals HEC/HGEIC
Short Title Instructional Days in School Year
Original Date 2/18/2025
Analyst Bedeaux Last Updated
BILL SUMMARY
Synopsis of Bill
House Bill 65 with emergency clause (*HB65) would amend existing school calendar requirements to provide that local school boards and charter school governing bodies have the authority to determine the total number of instructional days per year and days per week students
are required to spend in school programs. *HB65 would be applicable to the 2025- 2026 school
year (SY26) and subsequent school years.
*HB65 contains an emergency clause and would become effective immediately upon signature by the governor. FISCAL IMPACT
*HB65 does not contain an appropriation. SUBSTANTIVE ISSUES
*HB65 would codify school districts’ and charter schools’ authority to set their own school
calendars. Historically, New Mexico’s local school boards and charter school governing bodies
have been given the authority to establish calendars that meet the minimum requirement of 1,140
instructional hours. In practice, this has resulted in 89 school districts and 99 charter schools with
varying start dates, end dates, and day lengths designed to meet local communities’ needs. Some
school districts require five days of school per week, while others reach the minimum hour requirement in four-day school weeks by providing longer school days.
Laws 2023, Chapter 19 (House Bill 130)
increased the minimum number of instructional hours
schools were required to provide from 990 hours in elementary schools and 1,080 hours in secondary schools to 1,140 hours in all schools. The law also established the K -12 Plus program,
which provides additional funding for school districts with more than 180 days, or for school districts on a four-day school week, 155 days. In designing the law, the Legislature left certain
language vague to provide school districts and charter schools the flexibility to set local calendars
*HB65 – Page 2
that met their individual needs. However, i n promulgating rules to implement the law, the Public
Education Department (PED) established rules that exceeded the letter of the law.
PED proposed rules at NMAC 6.10.5, School Calendar Requirements, requiring that “all public
schools… shall have calendars with at least 180 days.” The rule effectively prohibited many school
districts from participating in four-day school weeks. In public comment on the rule, stakeholders
pointed out that the new requirement prevented school districts from setting their own calendars, explained how four-day school weeks help attract and retain teachers in rural New Mexico, and
cited
evidence that the length of the school week does not have a significant impact on student
achievement. Despite thousands of pages of overwhelmingly negative public comment , PED
adopted the rule to be effective July 1, 2024, stating “nothing in statute prevents the agency from continuing to require a minimum of 180-day school calendars.”
In April 2024, the New Mexico School Superintendents Association, 53 school districts, and four charter schools filed a lawsuit challenging PED’s rule in the 9 th Judicial District Court. After an
initial hearing, the court found sufficient grounds to issue a temporary restraining order preventing
the implementation of the new rule for SY25. Recently, in February 2025, the court issued a
final
order ireaffirm ing school boards’ authority to set local school
calendars. In the order, the court emphasized “the Legislature’s clear intention to allow local
flexibility while still requiring 1,140 instructional hours with no requirement for a specific number of days.”
Even with the ruling in place, the issue may not be settled. PED issued a statement
in response to
the court’s decision indicating the department may decide to appeal the ruling to the New Mexico Supreme Court:
“PED is dissatisfied with the most recent decision from the 9th Judicial District
Court. PED firmly believes that our students can achieve better educational outcomes when we maximize learning opportunities, as the r ule intended. PED is
currently in the process of reviewing the decision for the purposes of determining the appropriate next steps.”
*HB65 would reify the 9th Judicial District Court’s order in state law, establishing formal authority
for local school boards and charter school governing bodies to set the number of days per year and days per week students are required to attend school. ADMINISTRATIVE IMPLICATIONS
PED would be required to amend NMAC 6.10.5, School Calendar Requirements, to reflect local
school boards’ and charter schools’ authority to set the minimum number of days per year and
days per week. OTHER SIGNIFICANT ISSUES
For several years, the Legislature has included language in the annual General Appropriation Act preventing school districts from providing fewer instructional hours than they provided in the previous school year. Because *HB65 applies only to school days, the bill will not conflict with
language historically included in HB2.
*HB65 – Page 3
RELATED BILLS
Related to HB238, Middle and High School Professional Work Hours, which would increase the
allowance of professional work hours in secondary schools from 30 hours to 60 hours.
SOURCES OF INFORMATION
• LESC Files
• Administrative Office of the Courts (AOC)
TB/aa/mca/jkh