Judge rebuffs bid to ease pandemic limits at private schools
SANTA FE, N.M. – A federal judge has turned down an initial request to ease pandemic-related occupancy limits for in-person instruction at private schools in New Mexico, in a setback for a lawsuit supported by the U.S. Justice Department. Plaintiffs say the health order unfairly limits in-person learning at private schools to 25% of maximum room capacity, while public schools can apply to reopen under separate guidelines at 50%. To date, only a portion of elementary schools have been cleared to restart in-person instruction. Private schools in New Mexico enroll about 22,000 students — or nearly 7% of school-aged children. Michelle Lujan Grisham argued at a court hearing in September that private schools already occupy a privileged position with minimal state oversight.