Clovis superintendent responds to policy questions

Clovis Municipal Schools Board of Education on Tuesday unanimously approved an “Equal opportunity/Non Discrimination Policy.”

This prompted concerns from some residents about transgender students and whether they could use restroom facilities of their choosing.

School Superintendent Renee Russ told The News she would not answer additional questions about the restroom policy, but issued the following statement:

In response to questions and concerns from our community, Clovis Municipal Schools would like to clarify our commitment to providing a respectful, safe, and supportive learning environment for all students, as well as explain the processes we follow to ensure nondiscriminatory access to facilities.

Under current federal law (Equal Protection Clause of the U.S. Constitution) and current state law (New Mexico Human Rights Act, expanded by House Bill 207 in 2023), New Mexico public school districts are required to make reasonable accommodations for students who identify with a gender other than their biological sex. This applies to all New Mexico public school facilities, including restrooms.

To meet this responsibility, CMS works with individual students and their families to offer private accommodations, including access to single-occupancy restrooms on every campus in an effort to protect privacy and to ensure a more comfortable environment for all students. The district provides options for any student - regardless of gender-related identity - who desires more privacy in school facilities.

During the 2023-2024 school year, the Facility Master Planning process identified priorities for facility improvements that align with both student needs and legal expectations. Included in the district's recently created Facilities Master Plan are restroom upgrades designed to enhance privacy and access for all students. Construction on these upgrades is set to begin in the near future, and once completed, will significantly increase the number of single-occupancy restroom facilities available across the district, helping to address concerns surrounding this important issue.

Despite recent misinformation, there is not widespread, indiscriminate restroom access for students across campuses. Each request for accommodation is managed thoughtfully and individually to support students’ needs and align with our legal obligations, which are designed to ensure equal protection and prevent discrimination.

As always, Clovis Municipal Schools remains committed to fostering a safe and supportive environment that respects the dignity and privacy of all students.

Russ also answered questions about the “Equal opportunity/Non Discrimination Policy” the school board adopted.

You can read the adopted policy on the school’s website: http://www.clovis-schools.org/

From there go to:

• Board

• Board Meetings Current Year

• Agenda packet for Oct. 22

• Board Policy, Exhibit & Regulation Revisions.

Here is Russ’ summary of questions from The News regarding the policy:

Policy development and alignment with law

The New Mexico School Boards Association (NMSBA) Policy Services division actively monitors changes in both federal and state laws that impact public education.

When these laws are enacted or amended, the Policy Services attorney assesses their implications and drafts necessary policy language for New Mexico public schools.

This process includes not only complying with the new laws but also ensuring that policies align with broader legal frameworks and standards that apply to public education.

The NMSBA frequently updates these policies, and member school boards are encouraged to adopt the most current versions to maintain legal compliance.

When education-related law is enacted following each legislative session, school districts in New Mexico typically wait to adopt or amend any policy until having received the recommended, or “copyrighted” policy language, from the Policy Services attorney on staff.

New or updated policies from the Policy Services division are typically issued to school boards in an advisory memo format. This memo includes specific language for newly recommended policies and identifies any language recommended for removal from existing policies by marking it with strikethroughs.

Each policy also contains legal references at the bottom, which detail the federal or state laws that support or mandate the policy. This structure helps school boards quickly understand the rationale for updates and provides transparency by connecting each policy to its relevant legal foundation.

Importance of compliance and liability coverage

A critical reason for districts to follow NMSBA policy recommendations is to retain liability coverage. The New Mexico Public Schools Insurance Authority (NMPSIA), which provides liability insurance for public schools, may limit or forfeit coverage if a district’s policies diverge from NMSBA’s guidance.

This means that if a school board independently modifies or rejects the recommended policy language and a legal issue arises, the school could be left without coverage, exposing the district to legal and financial risks.

Legal authority and school board responsibilities

While NMSBA provides policy recommendations, it is federal and state lawmakers who ultimately establish the laws governing public education.

The New Mexico Legislature and the U.S. Congress are responsible for enacting legislation that affects school policies.

Public school board members in New Mexico are required to take an oath to uphold these laws, signifying a commitment to operate within the legal boundaries set by lawmakers and to implement policies that reflect current legal standards.

If a New Mexico public school board fails to follow legal requirements under rule 6.30.6 NMAC, it risks suspension by the New Mexico Public Education Department (PED).

This rule, updated in 2022, outlines steps PED may take when a school board does not meet required legal standards, including compliance with education laws, standards, and departmental directives.

For example, this occurred in our own region during the pandemic when the Floyd Board of Education was suspended and NMPED assigned an individual to supervise the superintendent and act in place of the Board.

The suspension process begins when PED notifies the board of its noncompliance, giving it 30 days to correct deficiencies or propose a compliance plan. If the board does not act within this period, PED may move forward with suspending its authority.

In an emergency — when severe noncompliance disrupts educational operations — PED can suspend a board immediately, with a hearing to follow. During any suspension, PED assumes the board’s operational authority and can take all actions on its behalf until the suspension is lifted.

This suspension power allows PED to ensure that New Mexico school boards operate within legal requirements and uphold standards critical to educational integrity.

Loss of funding implications

Public schools in New Mexico (and nationwide) must follow both state and federal laws to maintain their funding. When schools receive federal and state funding, they’re typically required to sign assurances, essentially pledging compliance with various education-related laws, NMPED directives, and other relevant policies.

Failure to comply can lead to serious consequences, including the possibility of losing state or federal funding.

These assurances cover areas such as civil rights protections, special education services, and adherence to educational standards. If schools are found to be out of compliance and don’t take corrective actions, NMPED or federal authorities could initiate investigations or impose sanctions, which might ultimately impact funding allocations.

Clovis Municipal Schools receives the majority of its funding from state sources, with additional contributions from federal funds. In New Mexico, most school districts get approximately 80-90% of their funding from the state through the State Equalization Guarantee, which allocates funds based on factors like student enrollment and specific needs.

Federal funding generally makes up about 8-10% of a district’s budget, covering areas such as Title I (support for low-income students), special education, and other targeted programs.

Local funding, which typically comes from property taxes or local levies, provides the remaining amount but is a smaller portion in New Mexico compared to other states.

For CMS, the exact percentage may vary slightly year to year, but the state and federal contributions likely make up around 90-95% of the district's funding.

Without state and federal funding received, no public school district in New Mexico would be able to operate.

For example, for the 2025 fiscal year, Clovis Municipal Schools received approximately $89 million to cover all operating expenses to include salaries and benefits for staff, utilities, building maintenance, purchase of instructional materials and technology, program support, and so forth.