Hearing on PED plan for K-3 testing and retention on Thursday in Santa Fe

SANTA FE—The New Mexico Public Education Department will hear public comment in Santa Fe this Thursday on its proposed one-sized-fits-all testing and retention policy. The New Mexico Center on Law and Poverty opposes the proposed rule because mandatory retention based on standardized tests hurts our children and violates state law.

The New Mexico Legislature has given families and school districts the authority to decide what is best for each child based on a child’s individual needs. The PED’s rule, however, would require our state’s youngest students – kindergartners through third graders – to pass a PED-designated test in reading to continue to the next grade. Parents would have the right to refuse the first effort to retain a child, but retention would be mandatory if the child did not pass the test the following year.

It is critical that all New Mexican children know how to read. However, years of research shows that holding kids back does nothing to improve their reading skills; instead, it increases their likelihood of dropping out of school. Rather than retaining five to eight-year-olds, the Center proposes the PED invest in evidenced-based programs that actually help children learn to read, like PreK, extended learning time, and professional development for teachers who teach reading.

The Center’s comments on the proposed regulations can be found here: http://nmpovertylaw.org/letter-final-comments-to-ped-proposed-regs-2018-05-15/

PED’s proposed regulations can be found here: https://webnew.ped.state.nm.us/bureaus/policy-innovation-measurement/rule-notification/

WHAT:    
PED public hearing on proposed new rule 6.19.9 NMAC, Early Literacy Remediation, Interventions, and Parental Engagement

WHEN:
Thursday, May 17, 2018 from 9:00 a.m.-12:00 p.m.

WHERE:  
New Mexico Public Education Department
Mabry Hall
300 Don Gaspar Ave., Santa Fe, NM 87501

WHO:
New Mexico Center on Law and Poverty attorneys
New Mexico Public Education Department staff
Education advocates

Closing briefs filed in landmark education lawsuit against State of New Mexico

Education lawsuit asserts students’ state constitutional rights are being violated

SANTA FE, NM – Attorneys from the New Mexico Center on Law and Poverty (the Center) and MALDEF (Mexican American Legal Defense and Educational Fund) have filed closing briefs for their consolidated lawsuit (Yazzie v. State of New Mexico and Martinez v. State of New Mexico) against the State of New Mexico for its failure to provide all public school students a sufficient education as mandated by the New Mexico Constitution.

The consolidated lawsuits claim the state’s arbitrary and inadequate funding of public schools, and lack of necessary monitoring and oversight deprives children – particularly low-income, Native American and English language learner students, and students with disabilities – of a sufficient education.

Plaintiffs in the suit seek a declaration that the system is unconstitutional and that the system should provide the opportunity for all students to be ready for college and career. The trial for the consolidated lawsuit began on June 12, 2017 and concluded on August 4 after eight weeks of testimony.

The closing brief for Martinez v. New Mexico – filed in April 2014 on behalf of parents and public school children from Española, Santa Fe, Albuquerque, Zuni, Magdalena, Las Cruces and Gadsden – contends that the state is in violation of the Education Clause of the New Mexico Constitution because the state’s education system has failed to provide adequate resources, programs, and oversight for economically disadvantaged students, English language learner (ELL) students, and students with disabilities.

Additionally, the Martinez closing brief asserts that the state’s education system violates the Equal Protection Clause of the New Mexico Constitution by denying equal treatment to economically-disadvantaged and ELL students. For example, these students are generally taught by less experienced and less skilled teachers than other students. The closing brief also claims violation of the Due Process Clause of the New Mexico Constitution because the state’s irrational and unreasonable funding policies prevent students with disabilities, as well as ED and ELL students, from receiving a sufficient education.

“The evidence shows that the state’s failures are not just a matter of money or policy, but that the education system as a whole deprives at-risk students of the opportunity to be ready for college and career,” said Ernest I. Herrera, MALDEF staff attorney.

The closing brief for Yazzie v. State of New Mexico argues the evidence presented in the trial indisputably shows that most New Mexico students are not college, career, and civics ready. A majority of the state’s public school students have not been provided a sufficient education in order to be able to read, write, or do math at grade level, and the state also consistently has one of the lowest high school graduation rates in the country.

“These are not achievement gaps, attributable to shortcomings of our children, families, and educators,” said Gail Evans, legal director of the Center. “These are opportunity gaps attributable to a broken system that does not effectively serve our children.”

The Center asserts that the state fails to provide school districts with enough funding and support. For example, despite evidence that high quality preschool and extended learning opportunities like the K-3 Plus Program successfully closes achievement gaps, only a minority of children have access to those programs. Further, the closing brief claims New Mexico’s public education system is constitutionally insufficient for Native Americans, having failed to satisfy the New Mexico Indian Education Act (2003), which requires the state to provide Native students a culturally-relevant education, and to collaborate with tribes in doing so.

The Yazzie plaintiffs specifically seek an injunction requiring the state to take to take three actions: first, no later than the 2019-2020 school year, to develop a comprehensive plan of programs and services to provide a uniform and sufficient system of public education to all students in New Mexico; second, to provide sufficient increased funding and a revised formula for distributing funds to the public school districts; and lastly, to establish an effective system of accountability and enforcement to ensure that every child in New Mexico is receiving a sufficient education.

The state sought to dismiss the lawsuits, but the court in Martinez denied the request and ruled for the first time in New Mexico’s history that education is a fundamental right. The court consolidated the two cases in 2015.

State District Court Judge Sarah Singleton is expected to make a declaration this spring.

Teleconference: Closing Briefs Filed in Landmark Education Lawsuit Against State

MEDIA ADVISORY

 
WHAT:      
The New Mexico Center on Law and Poverty (the Center) and MALDEF (Mexican American Legal Defense and Educational Fund) will hold a teleconference press briefing to discuss closing arguments for their consolidated lawsuit against the State of New Mexico (Yazzie v. State of New Mexico and Martinez v. State of New Mexico) for its failure to provide all public school students a sufficient education in violation of the New Mexico Constitution.

WHEN:   
Wednesday, January 10, 2018  at 10:30 a.m. MT

WHO:   
Gail Evans, Legal Director, the Center
Preston Sanchez, Attorney, the Center
E. Martin Estrada, Partner, Munger, Tolles & Olson LLP; Co-counsel, MALDEF
Ernest Herrera, Staff Attorney, MALDEF

DIAL-IN:     
1-800-672-0175

WHY:          
This landmark lawsuit asserts that the State of New Mexico’s inadequate funding of public schools and lack of necessary monitoring and oversight deprives children – particularly low-income, Native American and English language learner students – of the support necessary to be college, career, and civics ready.

Yazzie v. State of New Mexico was filed by the Center in March 2014 on behalf of a group of families and school districts including Gallup-McKinley, Rio Rancho, Santa Fe, Cuba, Moriarty/Edgewood, and Lake Arthur. The lawsuit was filed to remedy the state’s failure to provide New Mexico students with the educational services they need to succeed. The families represented have children who are English language learners (ELL), Native American or economically disadvantaged and have been negatively impacted by the lack of resources provided to New Mexico public schools.

Martinez v. State of New Mexico was brought on behalf of parents and public school children from Española, Santa Fe, Albuquerque, Zuni, Magdalena, Las Cruces and Gadsden. It was filed in April 2014 by MALDEF following extensive discussions with community groups, local leaders, and parents in New Mexico concerning chronic achievement gaps on standardized tests and other systemic failures.

The state sought to dismiss the lawsuits, but the court in Martinez denied the request and ruled for the first time in New Mexico’s history that education is a fundamental right. The court consolidated the two cases in 2015.

The trial for the consolidated lawsuit began on June 12, 2017 and concluded on August 4 after nine weeks of testimony. The lawsuit asks the court to declare the current system of public education constitutionally insufficient, and order the state to provide the programming and resources necessary for all public school students to succeed, as well as ensure that funds are distributed equitably, including for economically disadvantaged and ELL students.

 

The closing briefs for Martinez v. State of New Mexico and Yazzie v. State of New Mexico have been submitted.

The Martinez plaintiffs’ brief can be found at:

https://www.maldef.org/assets/pdf/Martinez_Closing_Arguments_In_Chief.pdf

The Yazzie plaintiffs’ brief can be found at:

http://nmpovertylaw.org/yazzieclosingbrief-2018-01-09-final

A summary of the Yazzie brief can be found at: http://nmpovertylaw.org/yazzie-closing-brief-summary-2018-01-09/

Stamped copies will be available once the court provides them. Note briefs are embargoed until Wednesday, January 10th at 11:30 a.m. MT.

###

The mission of the New Mexico Center on Law and Poverty is to advance economic and social justice through education, advocacy, and litigation. The Center works with low-income New Mexicans to improve living conditions, increase opportunities, and protect the rights of people living in poverty. Underlying its mission is a vision of New Mexico without poverty, where all peoples’ basic human rights are met. For more information on the Yazzie lawsuit, including plaintiff profiles, please visit: http://nmpovertylaw.org/our-work/education-2/. For media inquiries, please contact Maria Archuleta at (505) 255-2840 or Maria.A@nmpovertylaw.org.

Founded in 1968, MALDEF is the nation’s leading Latino legal civil rights organization. Often described as the “Latino Legal Voice for Civil Rights in America,” MALDEF promotes social change through advocacy, communications, community education and litigation in the areas of education, employment, immigrant rights and political access. For more information on MALDEF, please visit: www.maldef.org. For media inquiries, please contact Sandra Hernandez at (213) 629-2512 ext. 129 or shernandez@maldef.org.

Landmark Education Trial Against State of New Mexico Ends

Families & School Districts Assert that Students’ Constitutional Rights are being Violated

SANTA FE, NM – Today marks the last day of testimony in an eight-week trial against the state of New Mexico, in a case that alleges the State has violated the constitutional rights of its public school students.

The consolidated lawsuit, which was filed by the New Mexico Center on Law and Poverty (the Center) and MALDEF (Mexican American Legal Defense and Educational Fund), claims that the State’s arbitrary and inadequate funding of public schools, and lack of necessary monitoring and oversight, deprives children—particularly low-income, Native American, and English language learner students—of a sufficient education, in violation of the New Mexico Constitution.

“It was very clear from the defense that the State is in denial about the educational crisis that New Mexico students face,” said Marisa Bono, MALDEF Southwest Regional Counsel. “We look forward to a ruling from the Court that will force the State to stop fiddling while Rome burns, and start providing equal educational opportunities to all students.”

Through the course of the trial, a number of respected national and state experts provided testimony about how New Mexico’s public school system is in crisis. They provided data about the State’s dismal education outcomes, most notably that three out of four students cannot read or write at grade level and two-thirds cannot do math at grade level, that graduation rates are among the lowest in the nation, and a majority of New Mexico graduates are not college and career ready.

“We heard from superintendents from across the state who testified that the lack of resources and quality programs available to schools is harming their students,” said Preston Sanchez, attorney at the Center. “They can’t afford the types of programs they know work, can’t purchase up to date materials and textbooks, can’t provide sufficient afterschool programs, teacher training and even buses.”

Educators and school leaders from across the State discussed the distinct needs of New Mexico’s large population of English language learners and the importance of expanded access to quality bilingual/multicultural education programs and properly trained teachers. PED’s own expert admitted that the State does not provide oversight or monitoring for thousands of English language learners in the State.

Witness testimony addressed the ways in which historical and current injustices have led to disparate outcomes for Native students and English language learner students. Expert witnesses reiterated the need for culturally and linguistically relevant programming as an evidence-based means to improve student performance.

Furthermore, testimony was offered about what steps should be taken to fundamentally improve academic outcomes and close the achievement gap. It was virtually undisputed that high quality preschool and extended learning opportunities like the K-3 Plus Program, which adds 25 more days to the school year for elementary school students, are necessary to ensure that that low income and ELL students start school ready, yet a majority of eligible children in the State do not have access to such programs. Others spoke to the importance of wraparound services in a high poverty state like New Mexico, such as access to social workers and counselors, tutors, and on campus healthcare services that are necessary to mitigate the impact of poverty on learning

Defense witnesses testified under cross examination that the state has made policy choices over the past decade that have benefited higher income New Mexicans and corporations and resulted in a loss of hundreds of millions of dollars in state revenue every year. Defense experts also acknowledged that students who attend high-poverty schools have less access to effective teachers, but the State has failed to provide adequate resources to provide the mentoring and training that teachers need to improve, and the proper compensation for effective teacher recruitment and retention strategies.

The Center’s lawsuit, Yazzie v. State of New Mexico, was filed in March 2014 on behalf of a group of families and school districts including Gallup-McKinley, Rio Rancho, Santa Fe, Cuba, Moriarty/Edgewood, and Lake Arthur. The families represented have children who are English language learners (ELL), Native American or economically disadvantaged and have been negatively impacted by the lack of resources provided to New Mexico public schools. (Click here for information on the case and plaintiff profiles).

The Martinez lawsuit was brought on behalf of parents and public school children from Española, Santa Fe, Albuquerque, Zuni, Magdalena, Las Cruces and Gadsden. It was filed in April 2014 by MALDEF following extensive discussions with community groups, local leaders, and parents in New Mexico concerning chronic achievement gaps on standardized tests and other systemic failures. State attorneys sought to dismiss the lawsuit, but the court denied the request and ruled for the first time in New Mexico’s history that education is a fundamental right. (Click here for a fact sheet on the case and a timeline of significant dates.)

The trial for the consolidated lawsuit began on June 12, 2017. It calls for the court to declare the current system of public education constitutionally insufficient, and order the state to provide the programming and resources necessary for all public school students to succeed, as well as ensure that funds are distributed equitably, including for economically disadvantaged and ELL students.

The Center’s legal counsel on the case include Gail Evans, Preston Sanchez, Lauren Winkler, and Christopher Sanchez of the Center along with co-counsel Daniel Yohalem and Mark D. Fine. MALDEF’s lead counsel is Marisa Bono, Southwest regional counsel, and legal counsel include staff attorneys Ernest Herrera and Jack Salmon; E. Martin Estrada, Nick Sidney and Jessica Baril with Munger, Tolles & Olson; Alejandra Avila of Fried, Frank, Harris, Shriver & Jacobson, and David Garcia.

State District Court Judge Sarah Singleton has requested that parties submit post-trial briefing and is expected to make a ruling on the case this fall or winter.

###

The mission of the New Mexico Center on Law and Poverty is to advance economic and social justice through education, advocacy, and litigation. The Center works with low-income New Mexicans to improve living conditions, increase opportunities, and protect the rights of people living in poverty. Underlying its mission is a vision of New Mexico without poverty, where all peoples’ basic human rights are met. For more information on the Yazzie lawsuit, including plaintiff profiles, please visit: http://nmpovertylaw.org/our-work/education-2/. For media inquiries, please contact Maria Archuleta at (505) 255-2840 or MariaA@nmpovertylaw.org.

Founded in 1968, MALDEF is the nation’s leading Latino legal civil rights organization. Often described as the “Latino Legal Voice for Civil Rights in America,” MALDEF promotes social change through advocacy, communications, community education and litigation in the areas of education, employment, immigrant rights and political access. For more information, on MALDEF, please visit: www.maldef.org. For media inquiries, please contact Tony Marcano at (213) 629-2512 ext. 128 or amarcano@maldef.org

Families and School Districts Ask Court to Find that State Failed Its Legal Obligation to School Age Children 

SANTA FE, NM—In a pre-trial hearing starting Monday, May 22, the New Mexico Center on Law and Poverty (the Center) will ask the First Judicial District Court to find that the State has failed to meet its constitutional obligation to provide children the supports necessary to learn and succeed. The Center will also ask the Court to rule that the State’s system of education is unconstitutional as it applies to Native American students.

“Education is a right, not a privilege. It’s time for the State of New Mexico to step up and meet its constitutional responsibility to provide public schools the resources and programming they need to promote the success of all children,” said Edward Tabet-Cubero, Executive Director of the Center. “It is unacceptable that a vast majority of our children cannot read, write, or do math at grade level. The State is failing our kids.”

The Center’s Motions for Summary Judgement in the lawsuit, Yazzie v. State of New Mexico, are on behalf of a group of New Mexico families and school districts including Gallup, Rio Rancho, Santa Fe, Cuba, Moriarty/Edgewood, and Lake Arthur. The families represented have children who are English language learners (ELL), Native American or economically disadvantaged and have been negatively impacted by the lack of resources provided to New Mexico public schools.

Marsha Leno, one of the plaintiffs in the case, lives in McCartys in western New Mexico. Five of her six children are enrolled in Cibola-Grants County Schools (GCCS). Like many families in the district, Marsha and the children speak both Keres and English at home. Her children have struggled in English Language Arts and other courses that require writing. Unfortunately, the district lacks an adequate bilingual and English as a second language program for Native American students. The GCCS superintendent told Leno that the district lacks adequate funding to address these problems.

The Center’s lawsuit seeks for the Court to order and hold the State accountable to meet its legal responsibility to provide the programming and resources necessary for all public school students to succeed. The lawsuit also seeks to ensure that funds are distributed equitably, including for economically disadvantaged, Native American, and English language learner students.

“The State of New Mexico has been starving its public schools for years and legislation continues to fail,” said Lauren Winkler, one of the Center’s attorneys working on the case. “Our kids are just as smart and motivated as other children across the country. We have loving families, committed teachers, and communities dedicated to their children’s education. But our schools have tried to do more with less, and it’s our children who are suffering from the State’s failure.”

Yazzie v. State of New Mexico was originally filed in March 2014 and consolidated with a similar case, Martinez v State of New Mexico. The Martinez parents and children hail from Española, Santa Fe, Albuquerque, Zuni, Magdalena, Las Cruces, and Gadsden.

The consolidated lawsuit goes to trial on June 12, 2017.

Legal counsel on the Yazzie lawsuit include Gail Evans, Preston Sanchez, Christopher Sanchez, and Lauren Winkler of the Center along with co-counsel Daniel Yohalem and Mark D. Fine.

Legal documents in the case can be found here.

ACTION ALERT: Call Governor Now to Prevent Budget Cuts

Your action is needed urgently –   the House and Senate just sent a tax package today to Governor Martinez to help avert more deep budget cuts that would further slash funding for our schools, healthcare and public safety agencies. New Mexico is facing school closures and further reduction to classrooms and teachers, the elimination of certain Medicaid services for low-income families and people with disabilities, and a worsening public safety crisis from under-resourcing our courts and other key agencies.

House Bill 202 makes responsible and overdue changes to the tax code, including to level the playing field for small businesses by taxing out of state internet sellers, close up tax loopholes for certain industries, and update the gas tax so the funds can be invested into our roads.

Please call the Governor’s office at 505-476-2200. Ask her to sign HB202, and not to veto any part of it. Let her know that New Mexicans will not accept more budget cuts and that you support this tax package as a fair solution that does not hurt our families.  It will only take a minute to leave a message.

Governor and Legislature Must Change Course Fast to Fix the Budget Crisis, Put our Families First

Republished from the New Mexico Political Report. Also seen in the Albuquerque Journal and NM Politics.net

Kim-2015-09-23By Kim Posich, Executive Director of the New Mexico Center on Law and Poverty

New Mexico is in a budget crisis. Our state’s economy is in shambles. We have the worst employment rates in the country and revenue projections have dropped over $200 million dollars from just before the session and they could get even worse.

The result of this economic free fall will be continued under-funding of our schools, jobs, economic development and public safety efforts – all the things most important to New Mexicans. Time is running out at the state legislature. If lawmakers do not take clear aim at the challenges we face, New Mexico will strike out for our families and children.

Strike one will be the budget. Deep cuts are coming that will threaten jobs and public safety. Healthcare, driven by Medicaid, is one of the only growing job sectors in New Mexico yet Medicaid is short by over $60 million in the budget being considered by the legislature. If we cut Medicaid by $60 million, we lose over $140 million in federal matching dollars. The Human Services Department has been clear that there is no room to make cuts other than to reduce services and payments to healthcare providers.

Our schools are still grossly under-funded, shortchanging our children and hurting our prospects for attracting and keeping businesses in New Mexico. With the current budget, we cannot invest in our teachers, Pre-K programs and educational initiatives that have been proven to work in preparing children for academic success and graduation.

The budget also underfunds agencies important for public safety. The judicial branch is struggling with its caseload and the corrections department lacks needed staffing. Deep cuts are also in store for the state’s behavioral health system including crisis intervention services. These are all essential to the integrity of our justice and rehabilitation system and ensuring our communities are safe.

Strike two will be failing to raise revenues. There are sensible opportunities to increase revenues without raising taxes and harming our families. One such proposal is delaying recently passed corporate tax breaks for two years. New Mexico cannot afford them right now. Another opportunity is to increase distributions from our $15 billion permanent fund, to provide needed funds to our education system, including early childhood education.

There are also ways to rebalance our tax structure to make it less heavily reliant on working families. According to the Institute on Taxation and Economic Policy, the lowest income New Mexicans are paying a higher percentage of their income on overall taxes than the highest income households. We could modify capital gains deductions that do not benefit most New Mexicans. We could modify income brackets and actually lower taxes for working and middle class New Mexican families who are the vast majority of our residents.

New Mexico is also still sitting on over $1 billion in unused capital funds, as the state auditor’s office has discovered. These funds could be recouped to fill one-time shortfalls and our reserves, and yet little action has been taken by the Governor’s office to mobilize this funding.

Strike three will be public safety. The best antidote to crime is to have good paying jobs, a strong education system and healthy communities. Unfortunately, many of the so-called “tough on crime” bills being proposed in the legislature will be ineffective at reducing crime. If we are serious about our safety, then we must invest in our communities, behavioral health, law enforcement training and the justice system. Right now, our budget lacks in all these areas.

We need to make New Mexico safe. We need good paying jobs. And most importantly, we need a school system that will do right by our children. There is still time to make a turnaround. The Governor and Legislature should step up to the plate to raise revenues. We need our leaders to fund a state budget that addresses our economic crisis and the needs of everyday New Mexicans.