Portales schools join lawsuit

PORTALES — With a small crowd cheering them on, and a few concerns levied, Portales school board members on Monday decided to join a lawsuit against the Public Education Department.

By a 5-0 vote, board members agreed to join in the suit the Gallup-McKinley School District filed last October that challenges the authority of the PED. In a separate vote, it capped its financial contribution for the lawsuit to $1,000.

The complaint argues, in part, for local control of measures related to mitigating the spread of COVID-19.

Members of the public who spoke in favor of joining the lawsuit said at their last count, 18 school boards have hopped onto the suit. Angie Smith of Portales felt the lawsuit was a worthwhile cause and that the costs would only be about $1,000 to join the effort.

Wade Fraze, a history teacher at Portales High School, said the PED is putting teachers and administrators in the untenable position of following measures he calls unconstitutional or risk losing state licenses.

“Some may be on board with it,” Fraze said of the lawsuit. “A lot are scared to death … to say anything detrimental (about) the PED for fear of retribution.”

Superintendent Johnnie Cain said the lawsuit is probably bigger than most people might realize, as it addresses how the PED needs to follow state law in rule making procedures. The ruling would draw the line in many areas on whether the PED or a school district has authority, not just in public health emergencies.

Board member Rod Savage was in favor of joining the lawsuit, and believed the district could do its part without contributing much financially.

“They've absolutely overreached their authority,” Savage said of the PED, “and our kids are having to pay for it.”

Board member Inez Rodriguez was not against joining the lawsuit, but felt it was bad optics to join a lawsuit started from the other side of the state when it had a chance to join a similar lawsuit that was previously filed in the southeastern part of the state.

She was also concerned the money the district was spending wouldn't change much about the lawsuit.

“The only person who gets rich from that money we contribute is a lawyer,” Rodriguez said.

Board member Randy Rankin said Portales would be one of the larger school districts to join the suit.

In other business:

• Fraze also said he had concerns about upcoming social studies curriculum, and that state overreach on curriculum is what consistently keeps New Mexico lowest in the nation. He noted that a significant number of his history students aren't aware of who George Washington was.

Fraze added a recent virtual meeting he attended on social studies curriculum was 55 minutes of PED officials talking and five minutes for questions, giving him the impression the PED conducted the meeting just to give itself cover later.

Cain said he had been in discussions regarding the curriculum, and was told the state may possibly delay implementation for a year while it looks into various concerns administrators across the state have raised.

Board members did not address that matter to stay in compliance with Open Meetings Act guidelines. However, in a friendly exchange later in the meeting, Board President Alan Garrett said to Fraze that one of his ancestors was a bodyguard for President Washington. Fraze extended an invitation for Garrett to talk to his classes.

• The board approved an application for $18,000 in American Rescue Act funds that would be geared toward helping students battle homelessness.

• Cain said overall attendance at the district was up from last year's totals, but down about 40 students from the 2019-20 school year. He added the district has had 18 cases of COVID-19 where kids were on campus.

• Cain reminded the public of the upcoming school board and bond election. The bond election is being handled a year ahead of its actual implementation, Cain said, because state election law changes pushed such elections to November instead of the spring.

• The next meeting is scheduled for 6 p.m. Oct. 12 at the Portales Municipal Schools administration office.