2018 New Mexico Statutes
Chapter 22 - Public Schools
Article 2 - Public Education Department and Commission
Section 22-2-8.1 - School year; length of school day; minimum.

A. 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 four hundred fifty hours per year or, for full-day programs, five and one-half hours per day or nine hundred ninety hours per year;

(2) grades one through six, five and one-half hours per day or nine hundred ninety hours per year; and

(3) grades seven through twelve, six hours per day or one thousand eighty hours per year.

B. 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.

C. 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.

D. 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.

E. 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.

History: 1978 Comp., § 22-2-8.1, enacted by Laws 1986, ch. 33, § 2; 1993, ch. 226, § 4; 2000, ch. 107, § 1; 2003, ch. 72, § 1; 2009, ch. 276, § 1; 2011, ch. 35, § 1; 2011, ch. 154, § 1.

Repeals. — Laws 2004, ch. 27, § 29, effective May 19, 2004, repealed Laws 2003, ch. 143, § 3, which would have repealed this section.

Cross references. — For student achievement, see 22-2C-1 NMSA 1978 et seq.

For full-time kindergarten, see 22-13-3.2 NMSA 1978.

2011 Multiple Amendments. — Laws 2011, ch. 35, § 1 and Laws 2011, ch. 154, § 1 enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2011, ch. 154, § 1, as the last act signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2011, ch. 35, § 1 and Laws 2011, ch. 154, § 1 are described below. To view the session laws in their entirety, see the 2011 session laws on NMOneSource.com.

Laws 2011, ch. 154, § 1, effective June 17, 2011, changed the measure of a school year from days to hours.

Laws 2011, ch. 35, § 1, effective June 17, 2011, permitted school breakfast service during instructional time.

The 2009 amendment, effective June 19, 2009, added Subsection A; in Paragraph (1) of Subsection B, after the first occurrence of "hours per day", deleted "or four hundred fifty hours per year" and after second occurrence, deleted "or nine hundred ninety hours per year"; in Paragraph (2) of Subsection B, after "hours per day", deleted "or nine hundred ninety hours per year"; in Paragraph (3) of Subsection B, after "hours per day", deleted "or one thousand eighty hours per year"; added Subsection C, in Subsection D, at the beginning of the first and second sentences, added "Up to" in the second sentence, before "programs", changed "five" to the word "six"; and added the last sentence; in Subsection E, after "school board from setting", added "a school year or the" and added the reference to Subsection B; and in Subsection F, after "minimum length", added "or number" and after "hardships as defined by the", deleted "state board" and added the remainder of the sentence.

Applicability. — Laws 2009, ch. 276, § 3 provided that the provisions of Laws 2009, ch. 276, §§ 1 and 2 apply to the 2010-2011 and subsequent school years.

The 2003 amendment, effective June 20, 2003, added "Except as otherwise provided in this section," at the beginning of Subsection A; and added present Subsection B and redesignated the subsequent subsections accordingly.

The 2000 amendment, effective May 17, 2000, rewrote Subsection A(1) which read "Kindergarten, two and one-half hours per day or four hundred and fifty hours per year."

The 1993 amendment, effective July 1, 1993, deleted former Subsection D, which read "The provisions of this section shall be effective with the 1987-88 school year" and made minor stylistic changes in Subsection A.