SANTA FE—Students still lack the basics that are necessary for a constitutionally sufficient education, charged the Yazzie plaintiffs of the landmark education lawsuit, Yazzie/Martinez v. State of New Mexico in a legal notice of case status filed with the First Judicial District Court today.
“We know that the Public Education Department and the governor want New Mexico’s diverse student population to have the educational opportunities they need to succeed,” said Lauren Winkler, an attorney with the New Mexico Center on Law and Poverty. “Unfortunately, our legislature did not do nearly enough for our students this session. As a result, school districts have been unable to provide additional programming and supports for at-risk students like bilingual education and social services. In fact, many districts have been forced to cut basic programs like reading intervention and drop-out/truancy prevention, and they cannot meet the demand for pre-K programs.”
Plaintiffs in the case are working with the governor and the PED on a plan to bring the state into compliance with the First Judicial District Court’s most recent February 2019 court order, which found that the state 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 court ordered the state to take immediate action for at-risk students that face the deepest inequities and barriers to education, including low-income students, Native American and Latino students, English language learners, and students with disabilities. Judge Sarah Singleton’s initial ruling was in July 2018.
Since the court’s July 2018 decision, the Yazzie plaintiffs have worked with a broad group of educators, tribal members, community groups, and school districts to craft a platform of action necessary to transform New Mexico’s educational system to address the needs of at-risk children in compliance with the court orders. Most of the programs and funding in the platform, supported by plaintiffs, were blocked by legislative leaders and died in committees.
The New Mexico State Legislature increased education funding this past session, but school districts had to spend the bulk of the increase on a much needed raise for educators. Once districts allocated funds for the modest six percent raise, they did not have enough funding for basic educational necessities that would bring the state into compliance with the court’s ruling.
“We still have a substandard education system for our children. Our schools not only lack the basics, they lack the essential culturally relevant resources and materials, that our children need,” said Wilhelmina Yazzie, the lead plaintiff in the case who has children in the Gallup McKinley County Schools. “This is not acceptable. All our children deserve an equal opportunity to succeed. My hope is that the state will act upon the court’s ruling and make our children a priority. We cannot waste another year. Our children are the future of New Mexico, and they are sacred.”
The notice of case status states that the Legislature’s increased funding is not sufficient to:
- Cover basic instructional materials and technology for classrooms;
- Ensure teaching is tailored to the unique cultural and linguistic needs of our students, including English-language learners and indigenous communities;
- Adequately expand access to pre-K, summer school, after school programs, reading specialists, and smaller class sizes;
- Ensure social services, counseling, health care and literacy specialists are available to all students who need them;
- Invest in our educators to attract and retain new teachers and expand their qualifications, especially for special education, science, and bilingual education;
- Adequately increase the transportation budget to ensure all students have the opportunity to participate in after-school and summer programs.
“Raises for teachers and support personnel were essential to recruiting and retaining employees. Rio Rancho is still seeing its teachers exit the profession and leave for better salaries. The most important support we provide students is a highly qualified teacher, but we struggle to find staff in every field. New Mexico must offer salaries that are competitive with neighboring states,” said Sue Cleveland, superintendent of the Rio Rancho Public School District. “But after satisfying the salary mandate, insufficient funds remained for programs such as pre-K and for addressing the needs for social workers, dual-language programs, and literacy specialists. We continue to run a deficit of $800,000 for transportation, diverting funds away from the classroom. Positive gains have been made, but there is still work to be done.”
While the Legislature significantly increased funding for extended learning through the K-5 Plus and the Extended Learning programs, the vast majority of at-risk students do not have access to these programs.
By the time the laws were passed, districts had little time to consult with teachers and parents to determine whether the districts could apply for the programs. Many districts did not apply for funding because they determined that the money available would not cover the actual cost of the programs; the program requirements were too strict and inflexible; and they did not have time to determine whether they could implement the programs.
The Legislature also increased funding for pre-K for four-year-olds, but thousands of families who applied for the program still do not have access.
The Yazzie plaintiff’s Notice to the Court of Case Status in Yazzie/Martinez v. State of New Mexico can be found here: http://nmpovertylaw.org/notice-yazziemartinez-v-nm-yazzie-plaintiffs-2019-06-28/
The final ruling in Yazzie/Martinez v. State of New Mexico can be found here: http://nmpovertylaw.org/wp-content/uploads/2019/02/D-101-CV-2014-00793-Final-Judgment-and-Order-NCJ-1.pdf