HB 65/ec
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AN ACT
RELATING TO PUBLIC SCHOOLS; CLARIFYING THAT LOCAL SCHOOL
BOARDS AND GOVERNING BODIES OF CHARTER SCHOOLS SHALL
DETERMINE THE TOTAL NUMBER OF INSTRUCTIONAL DAYS PER YEAR AND
THE NUMBER OF INSTRUCTIONAL DAYS PER WEEK THAT STUDENTS ARE
REQUIRED TO BE IN SCHOOL PROGRAMS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-2-8.1 NMSA 1978 (being Laws 1986,
Chapter 33, Section 2, as amended by Laws 2023, Chapter 19,
Section 1 and by Laws 2023, Chapter 84, Section 22) is
amended to read:
"22-2-8.1. SCHOOL YEAR--LENGTH OF SCHOOL DAY--MINIMUM--
LOCAL SCHOOL BOARD OR GOVERNING BODY OF A CHARTER SCHOOL
AUTHORITY.--
A. Except as otherwise provided in this section,
students shall be in school programs, exclusive of lunch, for
a minimum of one thousand one hundred forty instructional
hours per year, except half-day kindergarten, which shall
have five hundred fifty instructional hours per year;
provided that the local school board of a school district or
governing body of a charter school shall determine the total
number of instructional days per year and the number of
instructional days per week that students shall be in school
programs. HB 65/ec
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B. An instructional hour is a period at school
during which students receive instruction aligned to academic
content and performance standards and includes:
(1) a school program set forth in Sections
22-13-1 and 22-13-1.1 NMSA 1978;
(2) enrichment programs that focus on
problem solving and cognitive skills development;
(3) content that provides technical
knowledge, skills and competency-based applied learning;
(4) research- or evidence-based social,
emotional or academic interventions; and
(5) instruction that occurs at the same time
breakfast is served or consumed in accordance with the
breakfast after the bell program or federal requirements.
C. Up to sixty instructional hours per school year
for elementary grades and thirty instructional hours for
middle and high school grades may be used for professional
work hours, which may be embedded during the course of a
normal school day. A "professional work hour" means time
during which a teacher participates in professional work
aligned to challenging academic content and performance
standards, including:
(1) home visiting or parent-teacher
conferences;
(2) educator training or professional HB 65/ec
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development; and
(3) mentorship, coaching and collaboration
between school employees.
D. Nothing in this section precludes a local
school board from setting a school year or the length of
school days in excess of the minimum requirements established
by Subsection A of this section.
E. The secretary may waive the minimum length of
school days in those school districts where such minimums
would create undue hardships as defined by the department as
long as the school year is adjusted to ensure that students
in those school districts receive the same total
instructional time as other students in the state.
F. Notwithstanding any other provision of this
section, provided that instruction occurs simultaneously,
time when breakfast is served or consumed pursuant to a state
or federal program shall be deemed to be time in a school-
directed program and is part of the instructional day.
G. Every general election and regular local
election shall be a school holiday for students and staff at
each public school in this state."
SECTION 2. APPLICABILITY.--This act applies to the
2025-2026 and subsequent school years.
SECTION 3. EMERGENCY.--It is necessary for the public
peace, health and safety that this act take effect HB 65/ec
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immediately.