BREAKING: Judge issues temporary restraining order on PED calendar rule 6.10.5 NMAC

Category: Front Page News Front Page News
Published: 04 May 2024 04 May 2024

In a letter to Silver Schools principals and board members, Superintendent William Hawkins writes:
"Please forgive the early-morning off cycle email. As you might be aware, recent developments yesterday have occurred regarding the implementation of the Public Education Department's (PED) calendar rule, specifically New Rule 6.10.5 NMAC. Last evening, a district judge issued a Temporary Restraining Order (TRO) pausing the enforcement of this rule across NM districts.

The court has recognized concerns that the rule may not align with existing laws, which define instructional requirements in terms of hours rather than days and allow for embedded professional development within the school day. This decision supports our stance on maintaining flexibility in shaping educational schedules that best meet the needs of our local communities.

Here are the key points from the court's decision:
- The TRO effectively stops the enforcement of New Rule 6.10.5 NMAC until further court deliberation.
- The court highlighted potential irreparable harm and disruption to our current educational practices and upheld the importance of local governance in educational decisions.
- A hearing has been scheduled for Monday, May 13, at 1:30 PM at the Curry County Courthouse. Attendance in person is encouraged for superintendents and School board members who can make it to demonstrate our community's engagement and concern. (I plan to attend.)  

Next Steps:
- We will maintain our current operational and educational planning as recently determined for the upcoming school year, pending further legal developments. (The adjustments that we have made in town to our calendars will remain.) Cliff has already created a four-day calendar, and we still have the five day calendar. As we know our state funded operational budget doesn’t change for either two of these implementations. But… As the court proceedings move forward, hopefully we will know if the restraining order holds leading into the upcoming 2024-2025 school year. If so, we will operate Cliff on their four day schedule. I don’t want to give false hope this early in the court process, only to have it snatched away. 
- There are a lot of moving parts in this and it is still early on in the process. As the Suit continues, we will be prepared to adjust as allowed or required based on the outcomes of the upcoming legal proceedings.  

Your leadership and dedication to our community's educational welfare is invaluable during these times. Please feel free to keep your staff aware of these developments as we navigate this situation together. I appreciate your cooperation and patience.  And we thought implementing the House System was going to be the highlight of the summer….  Stay tuned!"


William Hawkins 

Silver Consolidated Schools Superintendent 

We should engage one another with Trust, Respect, Optimism, Intentionality, and with Care.

This is Happiness…Engagement…Alliances…Risks…Thoughts…work!

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