Brief states New Mexico students still do not have the educational opportunities they need

SANTA FE—Every New Mexico student has a constitutional right to a sufficient education, but the state still fails to provide children the educational opportunities they need, charge Yazzie plaintiffs from the Yazzie/Martinez v. State of New Mexico lawsuit. The reply brief, filed with the First Judicial District Court today, provides evidence that New Mexico public schools have less spendable funding and lower teacher pay than in 2008 when adjusted for inflation. 

“While education spending increased last year, a large portion of that money couldn’t be spent and we still haven’t caught up with 2008 levels of per student spending,” said Gail Evans, lead counsel for the Yazzie plaintiffs. “School districts have been forced to use money meant for at-risk students to keep their doors open in the 2019-2020 school year.”

Evans added, “New Mexico also still has a severe shortage of teachers. The teacher raises and budget increase simply were not enough. It’s urgent that our state overhaul our education system. Our kids can’t wait another year.”

In the 2019 New Mexico State Legislature, school districts had raised numerous concerns that they would not be able to use much of the 16% education funding increase due to the rigid requirements on how to spend the appropriations for K-5 Plus and the Extended Learning Time Program. 

When districts allocated funds for the mandated and necessary educator raises, they did not have enough funding to provide the basic requirements for low-income, special education, English language learners and Native American students. In fact, many districts were forced to cut basic programs like reading intervention and unable to provide sufficient professional development, instructional materials, social services, transportation, and other programs and services.

However, the modest raises were still not enough to make New Mexico teacher salaries competitive with neighboring states. School districts are still seeing its teachers exit the profession and leave for better salaries. 

“Make no mistake, even if our education funding had reached 2008 levels, New Mexico would still have a long way to go to provide our kids with the education they need and are legally entitled to,” said Evans. “In 2008 our funding was insufficient and our state’s education outcomes ranked at or near the bottom nationally, and that continues today.” 

The reply brief completes the Yazzie plaintiffs’ motion they filed at the end of October 2019. It asked the court to order the state to develop a plan with deadlines and funding sources to show how the state is going to bring the education system into compliance with our constitution, which guarantees all students the opportunity to be ready for college or career. 

A report by economist Steve Barro on public education funding trends in New Mexico can be found here:  https://www.nmpovertylaw.org/report-nm-edu-funding-trends-barro-2020-01-30/

The Yazzie plaintiff’s reply brief in Yazzie/Martinez v. State of New Mexico can be found here: https://www.nmpovertylaw.org/yazzie-plaintiffs-reply-compliance-motion-2020-01-31/

Reply brief exhibits can be found here: https://www.nmpovertylaw.org/exhibits-for-yazzie-reply-brief-2020-01-31/

The final ruling in the lawsuit can be found here: https://www.nmpovertylaw.org/wp-content/uploads/2019/02/D-101-CV-2014-00793-Final-Judgment-and-Order-NCJ-1.pdf