NEW MEXICO (KRQE) – A judge sided with dozens of New Mexico school districts against the state’s public education department over its new rule requiring 180 days of school. Many districts opposed the change, arguing it forced districts, especially in rural areas to meet five days a week instead of their already set four days. The New Mexico School Superintendents Association started this lawsuit last April gathering 55 school districts mainly in rural areas.

Under the state’s public school code, the school year is supposed to contain at least 1,140 hours but there’s no requirement for the number of days. The New Mexico Public Education Department proposed in 2023 that all New Mexico schools run on a 180-day school calendar, meaning some rural schools like Socorro Consolidated Schools would have to move from four days a week back to five.

“We had a made a lot of changes in our district if we would have had to go back to a five day it would have been a disaster for our little district and several other little districts as well,” said Socorro School Board President Dave Hicks.

District Court Judge Dustin Hunter found that the department’s 180-day rule conflicts with that state code and doesn’t with the legislature’s intent to allow flexibility. “It tried to dictate days, it tried to dictate times of attendance and things like that and that’s not what’s in statute,” said New Mexico Schools Superintendents Association Executive Director Stan Rounds.

“We are certainly hoping this will settle the matter, however, if it goes to appeal, we will continue to present what we did in district court and continue to carry this forward because as we believe this is a right of public schools,” said Rounds.

He said local school districts should be able to make their own calendar choices. “It tried to dictate days, it tried to dictate times of attendance and things like that and that’s not what’s in statute,” said New Mexico Schools Superintendents Association Executive Director, Stan Rounds.

School districts have argued that having fewer school days each week works better for many rural families and also saves on costs. Rounds said following Monday’s decision, superintendents are feeling a sense of relief. The New Mexico Public Education Department has 30 days to appeal the decision by the judge. KRQE News 13 reached out to the state’s public education department but have not heard back yet.