HOUSE BILL 407

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Joseph Cervantes

AN ACT

RELATING TO PUBLIC SCHOOLS; INCREASING THE NUMBER OF REQUIRED INSTRUCTIONAL DAYS BEGINNING WITH THE 2012-2013 SCHOOL YEAR.

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) is amended to read:

     "22-2-8.1. SCHOOL YEAR--LENGTH OF SCHOOL DAY--

MINIMUM.--

          A. For the 2011-2012 school year, a school year consists of at least one hundred eighty full instructional days for a regular school year calendar, exclusive of any release time for in-service training. [A school year consists of at least one hundred fifty full instructional days for a variable school year calendar, exclusive of any release time for in-service training.] Except as provided in Subsection [D] E of this section, days or parts of days that are lost to weather, in-service training or other events that are not school-directed programs shall be made up so that students are given a full instructional school year.

          B. Except as otherwise provided in this

section, regular students shall be in school-directed programs, exclusive of lunch, for a minimum of the following:

                (1) kindergarten, for half-day programs, two and one-half hours per day or, for full-day programs, five and one-half hours per day;

                (2) grades one through six, five and one-half hours per day; and

                (3) grades seven through twelve, six hours per day.

          C. Beginning with the 2012-2013 school year, a regular school year consists of at least two hundred full instructional days in four quarters of ten five-day weeks provided throughout the entire calendar year. Days or parts of days that are lost to weather, in-service training or other events that are not school-directed programs shall be made up so that students are given a full instructional school year. Regular students shall be in school-directed programs, exclusive of lunch or any release time for in-service training, for a minimum of the following during the school year:

                (1) kindergarten, for half-day programs, two and one-half hours per day, or, for full-day programs, five and one-half hours per day;

                (2) grades one through six, five and one-half hours per day; and

                (3) grades seven through twelve, six hours per day.

          [C.] D. The department shall provide for the length and number of school days for schools on a four-day week and, for school year 2011-2012, for variable school year calendars in accordance with the Variable School Calendar Act.

          [D.] E. Up to thirty-three hours of the full-day kindergarten program may be used for home visits by the teacher or for parent-teacher conferences. Up to twenty-two hours of grades one through six programs may be used for home visits by the teacher or for parent-teacher conferences. Up to twelve hours of grades seven through twelve programs may be used to consult with parents to develop next step plans for students and for parent-teacher conferences.

          [E.] F. 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 Subsections A [and B] through C of this section.

          [F.] G. The secretary may waive the minimum length or number 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."

     SECTION 2. REPEAL.--Sections 22-22-1 through 22-22-6 NMSA 1978 (being Laws 1972, Chapter 16, Sections 1 through 6, as amended) are repealed.

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2012.

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