Legislative Committee to hear proposed education remedies on Friday  

Reforms would assure compliance with Yazzie/Martinez court ruling

ALBUQUERQUE — On Friday, New Mexico’s Legislative Education Study Committee will hear a platform of proposed remedies that would satisfy the recent state court ruling requirements on the consolidated lawsuit Yazzie v. State of New Mexico and Martinez v. State of New Mexico, which found that the state was not providing New Mexico students with a sufficient education as required by the state constitution.

The lawsuit was brought by families and school districts represented by the New Mexico Center on Law and Poverty and families represented by MALDEF (Mexican American Legal Defense and Educational Fund).

Over a hundred people from across the state, including educators, advocates, tribal leaders, and families, agreed upon a platform that greatly expands access to culturally and linguistically relevant curricula, enhances teacher supports, and promotes proven, research-based programs such as universal pre-K and K-5 Plus, extends the school year, lowers class size, and increases funding for the At-Risk Index.

The New Mexico Center on Law and Poverty and MALDEF will present to the LESC.

WHAT:    
Legislative Education Study Committee hearing on proposed remedies adhering to the recent state court ruling requirements on the consolidated lawsuit Yazzie v. State of New Mexico and Martinez v. State of New Mexico.

WHEN:
Friday, September 28 at 9:00 a.m. to 12:00 p.m.

WHERE:   
Hawthorne Elementary School, 420 General Somervell St. NE, Albuquerque, NM

WHO:
LESC
Attorneys from New Mexico Center on Law and Poverty
Attorneys from MALDEF

Educators, advocates, and tribal leaders propose plan to transform New Mexico’s education system

ALBUQUERQUE—Over a hundred people from across the state, including educators, advocates, tribal leaders, and families, met on Friday to discuss the reforms necessary to provide New Mexican students with the educational opportunities they need to learn and thrive. The coalition agreed upon a comprehensive platform that greatly expands access to culturally and linguistically relevant curricula, enhances teacher supports, and promotes proven, research-based programs such as universal pre-K and K-5 Plus, extends the school year, lowers class size, and increases funding for the At-Risk Index.

“It’s going to take all of us to transform public education in New Mexico,” said Emma Jones, lead organizer at the Learning Alliance. “Parents, students, educators, and community leaders have been working together on solutions to fix our public schools, and we now have a blueprint for real change. This movement will not stop until every student in New Mexico has access to the quality education all our children need and deserve.”

If adopted by the state, the plan would satisfy the requirements of the recent state court ruling on the consolidated lawsuit Yazzie v. State of New Mexico and Martinez v. State of New Mexico brought by families and school districts represented by the New Mexico Center on Law and Poverty and families represented by MALDEF (Mexican American Legal Defense and Educational Fund).

“The ruling has provided an incredible opportunity to transform our public schools for our children, grandchildren, and generations to come,” said Lauren Winkler, attorney at the New Mexico Center for Law and Poverty. “We look forward to working with the state to bring it into compliance with the court’s order. We all want a better education for our children. We hope that we can come to an agreement soon.”

In June, the First Judicial Court declared that New Mexico’s public education system is not sufficient under the state constitution. The court found New Mexico’s education system particularly failed low-income, students of color, Native American, English-language learners, and students with disabilities. The court ordered the state to make sweeping changes to its schools to provide students with the programs and services they need to be college and career ready.

The comprehensive education plan includes significant increases to per pupil funding and teacher pay, time on task in the classroom, access to early childhood education, and culturally and linguistically relevant curriculum.

“We should be leveraging New Mexico’s tremendous assets and diversity,” said Carmen Lopez, executive director of College Horizons. “Our children have such great potential. It’s time to empower them with the educational opportunities they need to succeed.”

Friday’s meeting was the third and largest meeting held by education experts and community leaders since the court decision to discuss how to transform the state’s public education system. The coalition will continue to work together to push for quality education for all New Mexico’s children.

“Education is the single most important investment we can make in New Mexico’s future, not only for positive educational outcomes but for our economy and quality of life for all New Mexicans,” said Veronica Garcia, superintendent of Santa Fe Public Schools, which is a plaintiff in the Yazzie lawsuit. “We have an opportunity to make the  transformative changes to our education system that we all know will help our children learn and thrive. Now politics as usual must end. There can be no more excuses. We must give all children the education they deserve.”

A copy of the platform can be found here: http://nmpovertylaw.org/yazzie-proposed-remedy-platform-2018-09-17/

A summary of the court’s opinion can be found here: http://nmpovertylaw.org/graphic-yazzie-martinez-decision/

More information on the Yazzie/Martinez lawsuit can be found here: http://nmpovertylaw.org/our-work/education/

PED scraps retention rule for five to eight-year-olds

By Marina Candace Butler

We all want our children to be good readers – it’s critical for a successful life. We know that our children are just as capable of learning to read as kids anywhere, but they need the right programs that will actually help them learn.

Center staff attorney, Lauren Winkler discusses PED’s proposed rule and what we really need to improve literacy rates. Click here for video.

What we do know is that flunking kids does not help them learn. In fact, children who are held back don’t do as well in school and have a greater risk of dropping out. New Mexico already has one of the lowest graduation rates rates in the country—25 percent of our students don’t finish school. Despite this, the PED proposed a regulation that would require school districts to retain five to eight-year-olds in kindergarten through third grade if they don’t score at grade level on a single state-determined high stakes test.

Along with New Mexico families and other allies, the New Mexico Center on Law and Poverty spoke out against the rule, and the department decided to stop its efforts to hold our youngest students back. Now those who know the child best can decide what steps should be taken to increase literacy.

Instead of broadening the ineffective and harmful practice of holding children back in school, we should increase access to the evidenced-based programs that actually help our children learn to read. For example, we know that PreK, K-3 Plus, extended learning time, and professional development closes achievement gaps.

Unfortunately, at least 52,000 New Mexico students do not have access to K-3 Plus. 23,000 don’t have access to full-day New Mexico Pre-K. Our teachers are among the lowest paid in the country. Instead of adopting these evidence based programs, the PED still intends to continue one-size-fits-all testing that fails our children and schools.

If we want our children and our state to succeed, we need to invest in the future of New Mexico’s children.

Press conference on Monday on Yazzie/Martinez education ruling

District court rules the State of New Mexico violates students’ constitutional rights

The New Mexico Center on Law and Poverty and MALDEF (Mexican American Legal Defense and Educational Fund) will hold a press conference and a teleconference press briefing Monday to discuss the ruling in their consolidated lawsuit against the State of New Mexico (Yazzie v. State of New Mexico and Martinez v. State of New Mexico). The district court has ruled that the state fails to provide all public school students a sufficient education in violation of the New Mexico Constitution.

PRESS CONFERENCE INFORMATION

WHEN:     
Monday, July 23, 2018 at 10:00 a.m. MT

WHO:      
Center attorneys, MALDEF attorneys, education stakeholders, educators, parents, and students

WHERE:    
Washington Middle School Park
Northwest corner of Park SW and 10th Street SW
Albuquerque, NM 87102
See map at: https://goo.gl/maps/yLtVzHEpeJw

Join the press conference on Facebook Live: https://www.facebook.com/nmcenteronlawandpoverty/

TELECONFERENCE INFORMATION

WHEN:      
Monday, July 23, 2018 at 11:30 a.m. MT

WHO:     
Gail Evans, lead counsel, the Center
Preston Sanchez, attorney, the Center
Ernest Herrera, staff attorney, MALDEF
E. Martin Estrada, partner at Munger, Tolles & Olsen LLP and co-counsel to MALDEF
Veronica Garcia, superintendent, Santa Fe Public Schools

DIAL-IN:
877-830-2589 or 785-424-1736
Conference ID: New Mexico

WHY:         
The district court in Santa Fe has ruled that the state is responsible for failing to provide adequate educational opportunities to all public school children. The lawsuit brought by New Mexican families and six school districts asserts that the State of New Mexico’s inadequate funding of public schools and lack of necessary oversight deprives children – particularly low-income, Native American and English language learner students – of the education necessary to be ready for college, career, and civic life.

The ruling can be found here: http://nmpovertylaw.org/order-decison-2018-07-20/

Judge rules New Mexico violates public school students’ constitutional right to sufficient educational opportunities

SANTA FE, NM – July 20, 2018 – A state court ruled today that New Mexico’s education system violates the state constitution because it fails to provide students a sufficient public education.

Families and school districts in the consolidated lawsuit Yazzie v. State of New Mexico and Martinez v. State of New Mexico sued the state for failing to provide public school students with a sufficient education as mandated by the state’s constitution. The lawsuit challenged the state’s arbitrary and inadequate funding of public schools as well as its failure to provide students with the programs and services needed to be college, career and civic ready. It alleged that the lack of necessary monitoring and oversight deprived students of the resources and services they need to succeed—particularly low-income, students of color, including Native American, English-language learners, and students with disabilities.

The plaintiffs are represented by the New Mexico Center on Law and Poverty (the Center) and MALDEF (Mexican American Legal Defense and Educational Fund).

“We are extremely gratified that the court has ruled in favor of children and families and recognizes the State’s failure to provide all of New Mexico’s public school students a sufficient education,” said Ernest Herrera, a MALDEF staff attorney. “Now, the State can no longer deny its legal responsibility to all New Mexico’s students.”

In her ruling, First Judicial District Court Judge Sarah Singleton affirmed the plaintiffs’ claims, stating:

“Therefore, the Defendants will be given until April 15, 2019, to take immediate steps to ensure that New Mexico schools have the resources necessary to give at-risk students the opportunity to obtain a uniform and sufficient education that prepares them for college and career. Reforms to the current system of financing public education and managing schools should address the shortcomings of the current system by ensuring, as a part of that process, that every public school in New Mexico would have the resources necessary for providing the opportunity for a sufficient education for all at-risk students.”

Gail Evans, lead counsel on the case for the Center, shared, “We owe it to the hundreds of thousands of children across New Mexico, in this generation and the next, to ensure the court’s ruling is implemented without delay. Now is the opportunity to transform public schools—the state knows what it needs to make available to our students: a quality education that is culturally and linguistically responsive and the necessary resources to make opportunities possible for all children who need them.”

During the eight-week trial, which began in June 2017, educational experts provided the Court testimony about the needs of New Mexico students and the systemic deficiencies undermining student success. Many school superintendents testified that their districts lack resources, quality programs, and state support, which also includes collaboration between districts and tribal communities.

“I just want my son to be prepared for life, to get a good job, learn strong ethics, and get life skills,” said James Martinez, a plaintiff in the Yazzie case. “My son just tested as gifted, but his school doesn’t have the curriculum or resources to push him to his full potential. The kids who are falling behind have it much worse. All kids should have the same opportunity to learn, progress, and succeed. The only way we can do that is by fixing our public schools and giving all kids a chance.”

Seventy percent of New Mexico students cannot read or write at grade level, 80 percent cannot do math at grade level and graduation rates are among the lowest in the nation, according to the New Mexico Public Education Department. Witnesses also testified that the state fails to address the needs of English-language learners by failing to provide sufficient access to quality bilingual/multicultural education programs.

During the trial, the State’s experts conceded that students at high-poverty schools have less access to effective teachers, yet the State has failed to provide adequate resources to improve teacher training, compensation, recruitment and retention.

The Martinez lawsuit was brought on behalf of parents and public school children from Española, Santa Fe, Albuquerque, Zuni, Magdalena, Las Cruces and Gadsden, including students who are English-language learners, Native American, economically disadvantaged or disabled. 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 case 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 under the state constitution.

The Center’s Yazzie lawsuit 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, Native American, Hispanic, low-income and have been negatively impacted by the lack of resources provided to New Mexico public schools.

A copy of the decision can be found here: http://nmpovertylaw.org/order-decison-2018-07-20/

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.