STATE OF NEW MEXICO
PUBLIC EDUCATION DEPARTMENT
300 DON GASPAR
SANTA FE, NEW MEXICO 87501-2786
Telephone (505) 827-5800
www.ped.state.nm.us
RYAN STEWART, ED.L.D.
SECRETARY OF E DUCATION
MICHELLE LUJAN GRISHAM
GOVERNOR
July 27, 2021

MEMORANDUM
TO: School Board Members, Floyd Municipal School District
FROM: Ryan Stewart, Cabinet Secretary, Public Education Department
CC: Terry Damon, Superintendent, Floyd Municipal School District; Stan Rounds, Executive Director,
NMCEL; Kim Mizzell, President, NM Superintendents Association; Joe Guillen, Executive Director,
NMSBA
RE: COVID-Safe Practices Violation in Roy School District
Dear Members of the Board of the Floyd Municipal School District:
It has come to the attention of the Public Education Department that on Monday, July 26, 2021, the

Floyd School board held a special meeting and approved the actions listed below:
1. Masks are optional
2. Social Distancing is optional, a teacher’s choice
3. No MERV 13 filtering
4. Transportation will return to normal
5. No temperature checks
6. Surveillance testing is optional for staff, if a staff member wants to be tested, ok, not mandated.
7. Athletic Teams follow the rules of the teams they visit
8. Allow parents to pick up and drop off students to the classroom
9. Resume all classroom activities/parent involvement

As you are aware, the actions above are inconsistent with the requirements put forward by the Public
Education Department, in line with guidance from the Centers for Disease Control and Prevention (CDC)
and/or guidance from the American Academy of Pediatrics, to protect the health and safety of staff and
students, and to ensure continued access to in-person learning that is not disrupted by the spread of the
COVID-19 virus.

Heightened precautionary measures are absolutely necessary in school settings to account for the ever
changing landscape of the COVID-19 pandemic, including the Delta variant and the increase in COVID-19
cases in the past few weeks, with continuing increases projected by scientists. In addition, a large
population of the school community, most notably children under the age of 12, are unvaccinated. In
the absence of total community vaccinations, mask-wearing, social distancing and other COVID-Safe
Practices are absolutely necessary to keep individuals from getting and spreading COVID-19. Contagion
in one school can easily and quickly spread throughout and beyond the school community.

The Public Education Department takes adherence to the COVID-Safe Practices during the pandemic
very seriously. It is extremely troubling that this board has taken official action in direct violation of the
requirements to maintain the health and safety of the community.

By noon on Tuesday, August 3, 2021, the board must take official action at a public meeting to rescind
the actions listed above and/or to adopt a course of action that conforms to the published health and
safety requirements. Upon rescinding the actions above and/or adopting policies that conform to the
published health and safety requirements, the board must provide written conformation to that effect
along with board meeting minutes to the PED Office of General Counsel at
Clarinda.Wetzsteon3@state.nm.us.

A failure by the board to provide written confirmation of a vote rescinding the offending course of
action and/or adopting a course of action that conforms to the published health and safety
requirements by noon on Tuesday, August 3, 2021, or any further violations of COVID-Safe Practices,
could result in adverse licensure actions against licensed individuals, suspension of school board
governance, and other applicable enforcement actions. Any punitive actions by the board against the
Superintendent, other administrators, or school or district staff for following COVID-Safe Practices may
result in immediate suspension of school board governance. Furthermore, the District will be subject to
ongoing monitoring and site visits to ensure compliance with health protocols.

Sincerely,
Ryan Stewart, Ed.L.D.
Secretary of Education
State of New Mexico

 

I have attached the letter I received from the New Mexico Secretary of Education. The time frame for this issue are, beginning June 12 at the Board meeting, there was discussion for reopening for the 2021-22 school year.  The discussion was strongly in favor of beginning the coming year with optional mask use for students & employees.  It was also determined wait for any information from the New Mexico Department  of Education for any additional guidance.  We posted a special Board Meeting for July 26, 2021.  This meeting was held at 7:00 pm.  We received PED guidance at 1:41 pm Monday July 26th.

This information we received was unacceptable to proceed to provide the best possible education for the students of Floyd Municipal Schools.  The Floyd School Board reviewed many documents and audio messages by creditable presenters and authors explaining possible Health risk and the ineffectiveness of preventing the spread of Covid-19 with mask use.  Additional information was reviewed stating the health risk potential of getting the Covid Vaccine.  There are many possible undesirable side effects.

The motion was made and passed to proceed without required mask usage.  Mask will be optional and choosing to use will be the decision of the individual in the school district.

The New Mexico Public Education Department was informed of this decision on Tuesday, July 27, 2021.  This was on the next morning. The above letter was received @ 9:30pm on the 27th of July.

Thank you for reviewing this information.

Leon Nall Floyd School Board