A. Except as otherwise provided in this section, students shall be in school programs, exclusive of lunch, for a minimum of one thousand one hundred forty instructional hours per year, except half-day kindergarten, which shall have five hundred fifty instructional hours per year. B. An instructional hour is a period at school during which students receive instruction aligned to academic content and performance standards and includes: (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. C. Up to sixty instructional hours per school year for elementary grades and thirty instructional hours for middle and high school grades may be used for professional work hours, which may be embedded during the course of a normal school day. A "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. D. 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. E. 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. F. 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. G. Every general election and regular local election shall be a school holiday for students and staff at each public school in this state. 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; 2023, ch. 19, § 1; 2023, ch. 84, § 22. 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. 2023 Multiple Amendments. — Laws 2023, ch. 19, § 1, effective July 1, 2023, and Laws 2023, ch. 84, § 22, effective January 1, 2024, enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2023, ch. 84, § 22 as the last act signed by the governor is set out above and incorporates both amendments. The amendments enacted by Laws 2023, ch. 19, § 1 and Laws 2023, ch. 84, § 22 are described below. To view the session laws in their entirety, see the 2023 session laws on NMOneSource.com . The nature of the difference between the amendments is that Laws 2023, ch. 19, § 1, increased the instructional hour requirement for elementary and secondary schools to 1,140 hours per year, except for half-day kindergarten, which was increased to 550 hours per year, authorized up to 60 instructional hours for elementary grades and thirty instructional hours for middle and high school grades to be used for professional work time, and defined "instructional hours" and "professional work hours", and Laws 2023, ch. 84, § 22, provided that every general election and regular local election shall be a school holiday for students and staff at each public school in the state. Laws 2023, ch. 84, § 22, effective January 1, 2024, provided that every general election and regular local election shall be a school holiday for students and staff at each public school in the state; and added Subsection F [now Subsection G]. Laws 2023, ch. 19, § 1, effective July 1, 2023, increased the instructional hour requirement for elementary and secondary schools to 1,140 hours per year, except for half-day kindergarten, which was increased to 550 hours per year, authorized up to 60 instructional hours for elementary grades and thirty instructional hours for middle and high school grades to be used for professional work time, defined "instructional hours" and "professional work hours"; in Subsection A, after "this section", deleted "regular", after "shall be in", deleted "school-directed" and added "school", after "a minimum of", deleted "the following"; deleted former Paragraphs A(1) through A(3); added "one thousand one hundred forty instructional hours per year, except half-day kindergarten, which shall have five hundred fifty instructional hours per year"; added a new Subsection B and redesignated former Subsections B through E as Subsections C through F, respectively; and in Subsection C, deleted "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" and added "sixty instructional hours per school year for elementary grades and thirty instructional hours for middle and high school grades may be used for professional work hours, which may be embedded during the course of a normal school day. A 'professional work hour' means time during which a teacher participates in professional work aligned to challenging academic content and performance standards, including", and added Paragraphs C(1) through C(3). 2011 Amendments. — 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.
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