New Mexico Register / Volume XXXV, Issue 6
/ March 26, 2024
TITLE 6 PRIMARY
AND SECONDARY EDUCATION
CHAPTER 10 PUBLIC
SCHOOL ADMINISTRATION - PROCEDURAL REQUIREMENTS
PART 5 SCHOOL INSTRUCTIONAL TIME REQUIREMENTS
6.10.5.1 ISSUING AGENCY: Public Education Department, hereinafter the department.
[6.10.5.1 NMAC – Rp, 6.10.5.1 NMAC, 7/1/2024]
6.10.5.2 SCOPE: This rule applies to school districts and charter schools.
[6.10.5.2 NMAC – Rp, 6.10.5.2 NMAC, 7/1/2024]
6.10.5.3 STATUTORY AUTHORITY: Sections 9-24-8, 22-2-1, 22-2-2, 22-2-8.1, 22-8-23.14, 22-13-1, 22-13-1.1, 22-13C-10, and 22-22-1 et seq. NMSA 1978.
[6.10.5.3 NMAC – Rp, 6.10.5.3 NMAC, 7/1/2024]
6.10.5.4 DURATION: Permanent.
[6.10.5.4 NMAC – Rp, 6.10.5.4 NMAC, 7/1/2024]
6.10.5.5 EFFECTIVE DATE: July 1, 2024, unless a later date is cited at the end of a section.
[6.10.5.5 NMAC – Rp, 6.10.5.5 NMAC, 7/1/2024]
6.10.5.6 OBJECTIVE: This rule establishes criteria for determining the length of a school year and day, instructional hours for students, and professional work hours for teachers; and for establishing a school calendar for the school year.
[6.10.5.6 NMAC – Rp, 6.10.5.6 NMAC, 7/1/2024]
6.10.5.7 DEFINITIONS:
A. “Early college high school” means a four-year high school that meets the qualifications outlined in 6.30.13.9 NMAC.
B. “Four-day calendar” means a school calendar with all weeks having at most four instructional days.
C. “Instructional day” means a calendar day designated by the local board for instructional hours with students that meets the length of school day requirements in Subsection E of Section 8 of this rule. Two instructional days per year may be used for parent-teacher conferences.
D. “Instructional hour” is a period at school during which students receive instruction aligned to academic content and performance standards, except for those instructional hours designated as “professional work hours” according to Subsection J of Section 8 of this rule, and may include:
(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.
F. “K-12 plus day” means a calendar day designated by the local board as an instructional day or a school day that is scheduled in excess of 155 instructional days for four-day calendars and 180 instructional days for five-day calendars.
G. “Local board” means a board of education of a school district or a governing body of a charter school.
H. “Optional instructional programs” means a school district instructional program in which eligible students may enroll instead of participating in the general course of study offered by the local school.
I. “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 development; and
(3) mentorship, coaching, and collaboration between school employees.
J. “Public schools” means school districts and charter schools.
L. “School day” means a calendar day designated by the local board that may include either instructional hours with students or professional work hours or a combination of instructional hours with students and professional work hours.
M. “Secretary” means the secretary of the public education department.
N. “Synchronous remote instruction" means remote instruction when students are receiving instruction by teachers on an online platform in real time.
[6.10.5.7 NMAC – Rp, 6.10.5.7 NMAC, 7/1/2024]
6.10.5.8 REQUIREMENTS: All students shall be in a minimum of 1,140 instructional hours per school year, exclusive of lunch, lunch recess, and lunch passing periods. Beginning in the 2024-2025 school year:
A. Secondary students shall attend a minimum of three and one-half instructional hours per instructional day, unless a secondary student provides evidence of participating for an equivalent amount of time in an apprenticeship, a work study program, a dual-credit program, in employment, in community service or other similar activities. Instructional hour requirements for students with individualized education programs (IEPs) shall follow the requirements of the IEPs.
B. All public schools that are not exempt shall have calendars with at least 180 instructional days.
C. Early college high schools shall be exempt from the minimum 180 instructional day requirement.
E. The length of instructional days and school days shall be a minimum of five and one-half instructional hours per full day and a minimum of three and one-half instructional hours per half day. Instructional days shall be no longer than seven and one-half instructional hours.
F. Student lunch time shall be a minimum of 30 minutes. Lunch recess and passing periods to and from lunch do not qualify as instructional hours.
G. Remote instruction may comprise no more than four instructional days, or 32 hours per school year, and at least fifty percent of remote instruction must be synchronous remote instruction, except for:
(1) hardships included in Subsection I of this section; or
(2) optional instructional programs, charter schools in accordance with the contract between the school and its chartering authority, or schools without attendance boundaries.
H. When instructional hours are lost to weather or other events that cause the total school year instructional hours to drop below 1,140, or that cause a reduction in the total number of instructional days or school days, the school calendar shall be amended so that students receive a full school year and so that the number of scheduled K-12 plus days are maintained.
(1) severe acts of nature;
(2) natural disasters that affect a community after which rescue, repair, and grieving are critical to the community’s recovery;
(3) community or statewide health emergencies, where warnings about pandemics or epidemics have been issued by the department of health or the department;
(4) the passing or prolonged illness of key school staff; or
(5) violent or other disruptive acts committed on school property that necessitate a lockdown or necessitate total or partial closure of a school.
J. Up to 60 instructional hours per school year for primary grades and up to 30 instructional hours for secondary grades may be used for professional work hours, provided that professional work hours are scheduled before, after, or on a day other than the required minimum 180 instructional days. When calculating a school’s total number of instructional hours, time shall not be double counted as both instructional hours with students and professional work hours.
[6.10.5.8 NMAC – Rp, 6.10.5.8 NMAC, 7/1/2024]
6.10.5.9 K-12 PLUS PROGRAM:
A. Each school district or charter school with board-approved and PED-approved calendars longer than 180 school days for five-day school calendars and longer than 155 school days for four-day school calendars shall be eligible to receive K-12 plus program units for students in kindergarten through twelfth grade.
B. The number of K-12 plus program units for five-day calendars is determined by multiplying the membership in each eligible school by:
(1) the cost differential factor of 0.012 and then by the number of K-12 plus days between 181 and 190 days; and
(2) the cost differential factor of 0.016 and then by the number of K-12 plus days between 191 and 205 days.
C. The number of K-12 plus program units for four-day calendars is determined by multiplying the membership in each eligible school by:
(1) the cost differential factor of 0.012 and then by the number of K-12 plus days between 156 and 165 days; and
(2) the cost differential factor of 0.016
and then by the number of K-12 plus days between 166 and 175 days.
D. No later than October 15 of each year, a school district or charter school that wishes to adopt K-12 plus days for the next fiscal year shall submit to the department the actual number of students enrolled in each of its schools in the current year and an estimate of the number of students that the school district or charter school expects to be enrolled in each school in the next year.
[6.10.5.9 NMAC – Rp, 6.10.5.9 NMAC, 7/1/2024]
HISTORY OF 6.10.5 NMAC:
Pre-NMAC History: The material in this regulation was derived from that previously filed with the State Records Center and Archives under State Board of Education Regulation 93-24, Variable School Calendar Application, Review and Reporting Process, filed March 3, 1994; and State Board of Education Regulation 92-3, Variable School Calendar Application, Review and Reporting Process, filed April 3, 1992.
Other History of
6.10.5 NMAC:
6.10.5 NMAC – School Calendar Requirements, filed 12/31/1998 was repealed and replaced by 6.10.5 NMAC – School Instructional Time Requirements, effective 7/1/2024.