Senate passes bill guaranteeing basic wage protections for domestic workers

SANTA FE— Today, the New Mexico Senate passed SB 85, sponsored by Sen. Liz Stefanics and Rep. Christine Trujillo, which would ensure home care and domestic workers—the people who clean homes and deliver care for others—are protected by New Mexico’s minimum wage standards and other wage protections.

Historically, domestic workers have been left out of many labor protections and have little recourse when not paid. SB 85, Domestic Service in Minimum Wage Act, removes exemptions for domestic workers from New Mexico’s wage laws—as has already been done at the federal level.

“Everyone deserves to be paid a fair wage for their work,” said Stephanie Welch, supervising attorney at the New Mexico Center on Law and Poverty. “SB 85 would eliminate archaic and discriminatory treatment in New Mexico’s labor protections so people who work hard in other people’s homes and as caregivers are treated fairly and can seek recourse when they are not.”

New Mexico law generally requires employers to pay employees minimum wage and overtime, keep records, and pay employees in full and on time. However, like other wage laws enacted in the 1930s, it excluded large categories of work typically performed by women and people of color from the minimum wage and other protections.

“Domestic workers deserve the same protections as other workers” said Adrienne R. Smith of New Mexico Caregivers Coalition. “Cleaning houses and taking care of people demands dedication, time, and experience. It’s time we changed how we value this work and the people who perform it.”

Federal law has since eliminated its exclusion of domestic workers, but without state protections, New Mexicans who work in people’s homes are not protected and may be subject to low or no pay and exploitative situations. If domestic workers were covered by New Mexico’s wage laws, the N.M. Department of Workforce Solutions would investigate their complaints, enforce their rights, and recover their wages and damages.

The bill will now be assigned to a committee in the House of Representatives for consideration.

Court issues final ruling in landmark education lawsuit

Legislature’s proposed funding will not meet court’s mandate for transformation of education system

ALBUQUERQUE—Late Thursday, First Judicial District Court Judge Sarah Singleton issued a final ruling in Yazzie/Martinez v. State of New Mexico. The court found that the state has violated students’ constitutional rights to a sufficient education and ordered the state to provide educational programs, services, and funding to schools to prepare students so they are college and career ready.

The current proposed funding for education under discussion in the New Mexico Legislature will not suffice to meet the court’s mandate.

Current New Mexico Legislature education funding proposals are asking for an increase of $400 to $500 million—which amounts to a 15-18 percent increase in public school funding. Evidence at trial showed that public schools are receiving less funding now than in 2008, when adjusting for inflation. That data has since been updated to show that an increase of $409 million would only return New Mexico to 2008 education funding levels. In 2008, New Mexico was ranked at the bottom in the country in reading and math proficiency and was clearly not in compliance with New Mexico’s constitutional requirement. Reverting funding back to 2008 resources levels does not meet the court’s mandates to sufficiently fund programs and services for our children

“New Mexico’s students are legally entitled to the educational opportunities they need to succeed. This final judgement is yet another clear statement from the court that the state has a legal mandate to take immediate action to ensure that our students are getting the quality of education that they are constitutionally entitled to,” said Gail Evans, lead attorney for Yazzie plaintiffs in the Yazzie/Martinez v. State of New Mexico lawsuit. “To comply with the constitution, we must have a transformation of our educational system—nothing less is going to cut it. The system has failed our students for decades and that must stop now.”

The court made clear that students’ constitutional rights to a sufficient education cannot be violated so that the state can save funds. The court’s final judgement states, “The defendants must comply with their duty to provide an adequate education and may not conserve financial resources at the expense of our constitutional resources.”

The legislature’s current budget under consideration does not fully implement a multicultural and bilingual curriculum, does not adequately increase teacher pay and professional development to recruit and retain teachers, and does not ensure children have access to instructional materials, technology and transportation, and other basic services that are critical for educational success.

“Families and school districts have been struggling to work with the resources that they have,” said Tom Sullivan, former superintendent of Moriarty-Edgewood School District, which is a plaintiff in the Yazzie/Martinez lawsuit. “Most states’ education budgets have recovered from and surpassed pre-recession amounts, but in New Mexico, the current budget proposal is barely returning to 2008 levels when education was already underfunded.”

“We have an incredible opportunity to do the right thing for our students, our future,” said Mike Grossman, superintendent of Lake Arthur Municipal Schools, one of the smallest districts in New Mexico and a Yazzie plaintiff. “Governor Lujan-Grisham and new Public Education Department have expressed a strong commitment to our students and to public education. It is critical that they now step in and drive the major educational reforms and the big investments it will take to fix our schools.”

The court’s final judgement and order can be found here: http://nmpovertylaw.org/wp-content/uploads/2019/02/D-101-CV-2014-00793-Final-Judgment-and-Order-NCJ-1.pdf

Victory! Governor Moves to Stop Harmful Medicaid Cuts

VGreat news! Governor Michelle Lujan Grisham announced yesterday that her administration has asked the federal government to reverse harmful cuts in the Centennial Care 2.0 Medicaid waiver, regarding premiums, co-pays, and phasing out retroactive coverage.

With your support over the last two years, the New Mexico Center on Law and Poverty fought these drastic cuts along with other provisions in the waiver that would have reduced healthcare services for parents and caretakers living in deep poverty and New Mexico children’s ability to grow into healthy adults.

Every step of the way, we stood together to attend public hearings, share stories, make phone calls, and write comments. Our efforts worked! 

In response to our advocacy, the Human Services Department and federal government scaled back the cuts piece by piece in the past year. Governor Lujan Grisham’s decision now strikes down the last of them. Her decision aligns with our stance that these cuts would have caused thousands of low-income New Mexicans to lose healthcare coverage, shifted more costs to healthcare providers, and raised overall costs for our healthcare system and state budget.

Thank you to Governor Lujan Grisham and an especially big thank you to all of you for your advocacy to protect access to healthcare for low-income New Mexicans!

Governor reverses Medicaid cuts in Centennial Care 2.0 waiver

Advocacy efforts conclude in a victory for families


SANTA FE—Governor Michelle Lujan Grisham reversed serious cuts to New Mexico’s Medicaid program yesterday following two years of advocacy efforts by the New Mexico Center on Law and Poverty, community organizations, and healthcare providers. Under the Susana Martinez administration, New Mexico’s Human Services Department had proposed major cuts to healthcare services as part of the Centennial Care 2.0 waiver, many of which were approved by the federal Centers for Medicare and Medicaid Services in December 2018.  

The New Mexico Center on Law and Poverty led the efforts to fight the cuts that would have implemented premiums for some Medicaid patients, cut retroactive coverage, and instituted mandatory co-pays.

“We owe a huge thanks to Governor Lujan Grisham for reversing these harmful measures and to the advocates and families who fought tirelessly over the last two years for the health and wellbeing of all New Mexicans,” said Abuko D. Estrada, supervising attorney at the New Mexico Center on Law and Poverty. “Piece by piece, we’ve successfully fought the cuts in the Centennial Care 2.0 waiver that would have led to thousands of families losing healthcare coverage and shifted an unfair burden of costs to healthcare providers and the healthcare system.”  

The governor’s rejection of the waiver is the latest in a series of positive actions the new administration has taken to improve the health and wellbeing of New Mexicans. Since taking office, Lujan-Grisham has set forth plans to reach uninsured New Mexicans who are eligible for Medicaid but not enrolled and help them apply. The governor has also been publicly supportive of bills, currently working their way through the legislature, that would open up a Medicaid Buy-in option for New Mexicans who do not otherwise have access to affordable healthcare coverage.

Key legislation on multicultural education framework in New Mexico discussed by sponsors, education experts

SANTA FE, NEW MEXICO—Among the many education bills that are working their way through legislative committee, those sponsored by Representative Tomás E. Salazar are designed to ensure a multicultural, bilingual framework is at the core of the New Mexico education system. The bills must be passed in the House Appropriations Committee and receive funding to move forward in the legislature. The committee is currently considering the public school budgets and intends to finalize its budget bill by next week.

“More than 75 percent of New Mexico public school students are culturally and linguistically diverse. This diversity should be celebrated and must also be reflected in curriculum and teacher development,” said Representative Salazar. “Judge Singleton’s order is clear—we can no longer violate the constitutional rights of a majority of our students.”

HB 111, HB 120, and HB 159 were developed out of the Transform Education NM Platform, a comprehensive blueprint to fix New Mexico’s schools. Based on the input of 300+ diverse community stakeholders and two million pages of documentation and expert testimony of educators, economists, and academic researchers as part of the Yazzie/Martinez trial, the platform is the roadmap to successfully transforming the state’s education system.

“We know that a multicultural education is essential for our students to learn and succeed,” said Preston Sanchez, plaintiff attorney on the Yazzie lawsuit. “We urge our legislators and our governor to support these bills and to include them in HB 2. The success of New Mexico’s schools depends on making sure these bills are passed and fully funded.”

Research shows a multicultural and multilingual education approach allows students to maintain their language and identity, resulting in a marked improvement in learning achievement. The court found that the state is not meeting its own duties and responsibilities for a multicultural education established in the New Mexico Indian Education Act, Hispanic Education Act, and Bilingual Multicultural Education Act, which Representative Salazar’s pieces of legislation aim to fix.

“English language learners (ELLs) are the lowest performing group across all sub-groups when they don’t have the support they need. Also, indigenous languages are in peril. This is due in great part to current public school policies that must be addressed,” said UNM professor and bilingual learning expert Rebecca Blum Martinez. “We have an obligation to assist Indigenous and Hispanic students as much as possible while honoring the diverse cultural identity that is the hallmark of our state. These bills provide our teachers with the pedagogical tools they need to be successful.”

“These pieces of legislation, and everything else in the Transform Education platform, is what our students, and future generations of students deserve,” said Edward Tabet-Cubero, member of the Transform Education NM Coalition. “Thanks to all the information and guidance that came out of the Yazzie/Martinez trial, the court has given a clear direction for our state’s education system, and the multicultural platform is a critical component to fixing that system and doing right by our students. The time to fix our education system is now.”

Information on other legislation that is part of the Transform Education NM platform can be found here: https://transformeducationnm.org/resources/. These changes will realize New Mexico’s constitutional mandate for a sufficient public education system.

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Transform Education NM is a coalition of educational leaders, families, tribal leaders, and the lawsuit plaintiffs working to transform the state’s education system for our students. To learn more, visit www.transformeducationnm.org.

Action Alert: House floor vote on HB 31 raising New Mexico’s minimum wage

New Mexicans keep working harder and harder but haven’t seen a raise in the state minimum wage in over 10 years.

It’s time our state increase the minimum wage for all workers, including tipped workers.

Show your support for HB 31! Don’t let tipped workers and their families behind, they deserve a raise too. Join us!

WHAT: House floor vote on HB 31

WHEN: Wednesday, February 13, 4:30 p.m. (subject to change)

WHERE: House of Representatives gallery at the Roundhouse (490 Old Santa Fe Trail, Santa Fe, NM 87501)

HB 31 would increase the state minimum wage to $12 per hour phased in over the next three years for New Mexico’s workers, including tipped workers, who would earn a higher base wage plus tips.

If you can’t make it out make sure to:

Get on social media and share your support for HB 31

FIND THE FACTS ON TIPPED WAGES IN HB 31 RIGHT HERE

Legislation related to multicultural and multilingual education framework to be discussed TOMORROW at press event

SANTA FE—Transform Education NM, a broad coalition of teachers, parents, students, district superintendents, bilingual experts, and non-profit organizations, will hold a press event on Wednesday, February 13, at 11 a.m. in room 318 at the New Mexico State Capitol. Speakers, including Representative Tomás E. Salazar, will share details about pieces of legislation that would create a multicultural and multilingual education framework and include significant changes to ensure more bilingual teachers and professional development.

The bills must still be passed in the House Appropriations Committee and receive funding to move forward in the legislature. The committee is currently considering the public school budgets and intends to finalize its budget bill by next week.

The legislation aligns with the Transform Education NM Platform for Action, which was informed directly by the court’s landmark decision in Yazzie/Martinez.

WHAT:
Transform Education NM press event in the Roundhouse on multicultural education framework

WHO:
Representative Tomás E. Salazar
Preston Sanchez, attorney, New Mexico Center on Law and Poverty
Edward Tabet-Cubero, Learning Alliance New Mexico
Rebecca Blum Martinez, UNM professor, bilingual education expert

WHEN:
Wednesday, February 13, 11:00 a.m.

WHERE:
New Mexico State Capitol, Room 318
Santa Fe, NM 87501

And available via Facebook live here: https://www.facebook.com/TransformEdNM/

*Speakers and other coalition members will be available immediately after the press for one-on-one interviews.

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Transform Education NM is a coalition of educational leaders, families, tribal leaders, and the lawsuit plaintiffs working to transform the state’s educationsystem for our students. To learn more, visit www.transformeducationnm.org

Speak up, Show Up and Fight for Affordable Healthcare!

Please support and give public comment on the Medicaid Buy-in Act (also known as Senate Bill 405 sponsored by Sen. Gerald Ortiz y Pino) in the Senate Public Affairs this THURSDAY (2/14) at 1:30pm (or half hour after the floor session) in Room 321.

JOIN THE MOVEMENT ON SOCIAL MEDIA

The Medicaid Buy-in Act

  • Improves access to healthcare by expanding coverage for people who are uninsured and reduces the costs of health insurance.
  • Reduces uncompensated care costs for healthcare providers and hospitals by covering more patients.
  • Is a state-based coverage solution that leverages the existing popular and trusted Medicaid infrastructure, which already covers over 830,000 New Mexicans.

TELL YOUR LEGISLATOR TO VOTE YES FOR MEDICAID BUY-IN

Between now and the committee hearing on Thursday, we ask that you contact Senate Public Affairs members and ask them to VOTE YES for the Medicaid Buy-in Act. Please see the linked factsheets (English and Spanish) as well as this legislative toolkit for more details.

Action Alert: Ask your elected leaders to fund a multicultural education framework

Critical decisions are being made at the legislature about the future of public schools for our children. As you know, children learn better when they have an education that is culturally and linguistically relevant to them. Several bills are advancing that would create and ensure a multicultural and multilingual education in New Mexico and the pipeline of teachers needed to support it.

We urgently need your help to call key elected leaders today to ensure these bills are funded or they might not make it past the House committee that will determine the budget. These bills are necessary for our students and would help bring the state into compliance with the Yazzie/Martinez court ruling that found the state has failed to provide a sufficient education to our children.

Please call these key elected leaders listed below TODAY and ask them to support House Bills 111, 120, 159, and 516 for a multicultural education and to ensure they are fully funded in HB 2 (General Appropriation Act).  

  1. Representative Patricia A. Lundstrom, (505) 986-4316
  2. Governor Michelle Lujan Grisham, (505) 476-2200
  3. Lt. Governor Howie Morales, (505) 476-2250
  4. Representative Roberto “Bobby” J. Gonzales, 505) 986-4319

Below are short descriptions of each bill. For more information about the Transform Education NM campaign go to: https://transformeducationnm.org/


HB 111—Cultural and Linguistic Education Support (Reps. Tomás Salazar and Linda Trujillo): Builds the capacity for Regional Education Cooperatives (RECs) to provide professional development for educators on culturally and linguistically responsive instruction. HB111 would provide funding for RECs to contract with local experts to build their capacity to provide professional development in strategies and techniques to most effectively teach culturally and linguistically diverse learners.

HB 120—Bilingual Teacher Preparation Act (Rep. Tomás Salazar): Increases the amount of bilingual and TESOL (teaching English to speakers of other languages)-endorsed teachers in New Mexico by allowing for the Higher Education Department to provide grants for students seeking degrees and/or endorsements in bilingual/multicultural education or TESOL, prioritizing current bilingual educational assistants, bilingual seal recipients, and speakers of indigenous languages.

HB 159—Multicultural Education Framework (Reps. Tomás Salazar and Christine Trujillo): Establishes a multicultural, multilingual framework for public education that aligns the duties and powers of the New Mexico Indian Education Act, Hispanic Education Act, and Bilingual Multicultural Education Act, to address the unique cultural and linguistic needs of New Mexico students.

HB 516—American Indian Educational Outcomes (Reps. Derrick Lente, Christine Trujillo, Linda Trujillo, Roberto “Bobby”Gonzales, and Patricia Lundstrom): Makes appropriations to state institutions of higher education to improve educational outcomes for American Indian public school and higher education students and families.

New analysis reveals New Mexicans suffer disproportionately under weight of student debt

Legislature considers key student loan bill as more than one in five New Mexicans are severely delinquent on their student loans 

WASHINGTON, D.C. – A new analysis of government data demonstrates the gravity of the student debt crisis in New Mexico. The analyzed data, released by the Student Borrower Protection Center (SBPC), American Federation of Teachers New Mexico (AFT-NM), and the New Mexico Center on Law and Poverty, show that more than one in five New Mexico consumers are now delinquent on their student loan debt.

New Mexico’s House is currently considering HB 172 which sets out to oversee and crack down on illegal practices by student loan companies.

“Debt stretching for decades after the completion of study is a real crisis impacting New Mexico students and is reason we need legislation like HB 172,” said Stephanie Ly, President of AFT New Mexico. “AFT New Mexico’s goal is to promote increased transparency within the student loan industry and provide mechanisms for relief should borrowers have concerns about their loans. We’ve been fortunate to have champions like Rep. Roybal Caballero carry this bill for several years now, and appreciate Rep. Hochman-Vigil’s joining this fight during her first legislative session.” 

“College should lead to opportunity, not financial ruin,” said Lindsay Cutler, attorney with the New Mexico Center on Law and Poverty. “The analysis makes a clear and compelling case that New Mexico lawmakers need to protect student loan borrowers from illegal industry practices.”

Student loan debt in New Mexico has skyrocketed over 129 percent in the last decade.

The close look at data made available by federal sources shows the student debt crisis growing for borrowers across the state, including:

  • New Mexico has the second highest student loan default rate in the country;
  • New Mexicans now owe more than $6.8 billion in student debt;
  • More than 1 out of every 5 student loan borrowers in New Mexico are severely delinquent on their debt;
  • New Mexico ranks eighth in the country of states with the highest percentage of delinquent debt, and eleventh in percent of borrowers with delinquent debt; and
  • Nearly a quarter of all borrowers living in rural New Mexico are severely delinquent.

“As student loan borrowers in New Mexico suffer each day from the burden of their debt, state leaders must take action,” said Seth Frotman, Executive Director for the Student Borrower Protection Center. “The federal government has walked away from this crisis, casting millions of New Mexicans aside in the process. The borrowers across New Mexico cannot wait any longer for predatory student loan companies to be held accountable.”

As part of HB 172, sponsored by Rep. Roybal Caballero and Rep. Hochman-Vigil, student loan servicers would be required to be licensed and subject to oversight by the New Mexico Financial Institutions Division. These proposals would help ensure that student loan servicers do not mislead borrowers, misapply payments, or provide credit reporting agencies with inaccurate information.

HB 172 is particularly important because the federal government continues to ignore mounting evidence of the nation’s growing student debt crisis. Not only has the federal government halted efforts to protect student loan borrowers, it is turning a blind eye to predatory practices and enabling bad actors to harm borrowers.

SBPC HELPING STATES FIGHT FOR 44 MILLION AMERICANS WITH STUDENT DEBT

In the face of continuing systemic abuses across the student loan industry, state governments are taking action to expand protections for student loan borrowers and halt illegal practices by predatory companies. Last year, the Student Borrower Protection Center launched States for Student Borrower Protection, an initiative that highlights the student debt crisis in states across the country, and is designed to support the leaders in and out of government working to end this crisis through state level actions. Today’s release offers further evidence that state action is urgently needed.

The analysis is part of an ongoing series of original research, projects, and campaigns by SBPC designed to help student loan borrowers by shedding light on the crisis and empower advocates.

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About the Student Borrower Protection Center (SBPC): The Student Borrower Protection Center (www.protectborrowers.org) is a nonprofit organization solely focused on alleviating the burden of student debt for millions of Americans. SBPC engages in advocacy, policymaking, and litigation strategy to rein in industry abuses, protect borrowers’ rights, and advance economic opportunity for the next generation of students. Led by the team of former federal regulators that directed oversight of the student loan market at the Consumer Financial Protection Bureau, SBPC exposes harmful and illegal practices in the student loan industry, drives impact litigation, advocates on behalf of student loan borrowers in Washington and in state capitals, and promotes progressive policy change. SBPC accomplishes these goals by partnering with leaders at all levels of government and throughout the nonprofit sector.

About the American Federation of Teachers – New Mexico (AFT-NM): The American Federation of Teachers is a union of professionals that champions fairness; democracy; economic opportunity; and high-quality public education, healthcare and public services for our students, their families and our communities. We are committed to advancing these principles through community engagement, organizing, collective bargaining and political activism, and especially through the work our members do.

About New Mexico Center on Law and Poverty (NMCLP): The New Mexico Center on Law and Poverty is dedicated to advancing economic and social justice through education, advocacy, and litigation. We work with low-income New Mexicans to improve living conditions, increase opportunities, and protect the rights of people living in poverty.