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/

Indian Affairs Committee asks for FID report on law capping store front loans  

CHAMA—At a legislative hearing in Chama today, the New Mexico Indian Affairs Committee passed a resolution asking the Financial Institutions Division to report on how it is enforcing a new law that caps interest rates on small loans and to provide data collected from lenders on the loan products they sell. The FID report is due for presentation to the committee later this fall.

“All New Mexicans deserve access to fair and transparent loans under reasonable terms, but generations of low-income families and Native American communities have been aggressively targeted by unscrupulous store front lenders,” said Lindsay Cutler, attorney at the New Mexico Center on Law and Poverty. “The FID has a duty to enforce the new law and protect families from unfair lending practices. The new law went into effect in January, but FID still hasn’t updated its regulations to reflect the new standards. Without information on FID enforcement, we don’t have a clear picture of how the small loan industry is doing business with New Mexico families and how the new law is affecting New Mexicans. We’re grateful that the Indian Affairs Committee has asked the FID to report on its enforcement efforts.”

Before passage of HB 347 in the 2017 legislative session, most small loans were unregulated and borrowers were frequently charged interest rates of 300 percent APR or more. Reforms to the Small Loan Act are now in effect, capping interest rates at 175 percent APR and eliminating traditional short term payday and title loans. The new law requires lenders to provide clear information about the costs of loans, allows borrowers to develop a credit history when they make payments on small-dollar loans, and sets minimum contract terms for small loans, including at least four payments and 120 days to pay off most loans. Refund anticipation loans are exempt from those requirements.

The FID proposed regulations to implement HB 347 in late February 2018 to eliminate inconsistencies between the new law and the old payday lending regulations. Loan renewals, however, are not addressed by the FID’s proposed regulations. This loophole could leave borrowers vulnerable to interest rates and fees that are now illegal under the law for new loans. The Center urges the FID to close this loophole by clarifying that renewals are subject to the law’s fee limit, interest rate cap, and payment schedule requirements for new loans.

“Passing HB 347 was a necessary first step, but enforcing regulation and compliance with the law is the critical next step in protecting our families and ensuring that all New Mexicans have equal access to affordable loans and protection from predatory lending practices,” said Michael Barrio, Director of Advocacy for Prosperity Works. “The data and reporting transparency we seek is necessary to close loopholes that could render HB 347 ineffective, and to augment existing consumer protections in New Mexico. Our focus, now, is on creating transparency and eliminating loopholes that can be used to continue exploiting hard-working New Mexicans. We’re making progress every day.”

The FID’s proposed regulations can be found here: www.rld.state.nm.us/financialinstitutions/

The Center’s comments on the proposed regulations can be found here: https://wp.me/a7pqlk-10H

A factsheet on regulations the FID should enact to enforce the small loans act can be found here: http://nmpovertylaw.org/fact-sheet-fid-must-enact-regulations-to-enforce-the-small-loans-act-2018-07/

Senate farm bill protects New Mexico families’ access to SNAP  

ALBUQUERQUE— On Thursday, the U.S. Senate passed its farm bill, which protects and strengthens the Supplemental Nutrition Assistance Program (SNAP), by an overwhelmingly bipartisan vote of 86-11. The Senate’s bill is in stark contrast to the partisan House farm bill narrowly passed last week, which if passed, would restrict food assistance to millions of Americans and hundreds of thousands New Mexicans through cuts and harmful changes to SNAP.

The House and Senate will now need to negotiate a final farm bill before sending it to the White House for President Trump’s signature.

“The Senate farm bill strengthens SNAP and protects millions of Americans’ access to healthy food. This is great news for New Mexico where SNAP is of particular importance. Over 450,000 New Mexicans rely on SNAP to put food on the table, including 40 percent of the state’s young children,” said Maria Griego, supervising attorney at the New Mexico Center on Law and Poverty. “Congress should use the Senate farm bill as a basis for its final legislation. We urge our elected leaders to negotiate a final, bi-partisan bill that remains faithful to the Senate’s approach. We need a farm bill that grows income and employment opportunities for all Americans and bolsters, not weakens our country’s most effective anti-hunger program.”

The Senate bill would provide for modest improvements to SNAP’s operations and administration. It also would expand the 2014 farm bill’s pilot program to test new approaches to job training and other employment-related activities for SNAP participants.

Should a farm bill that is closer to the House’s version pass, up to 121,000 New Mexicans would face termination of SNAP, while tens of thousands of children and other family members would face reduced benefits for up to three years.

For more information on the House version of the 2018 farm bill and how the SNAP cuts would impact New Mexico, go to:  http://nmpovertylaw.org/2018/04/proposed-cuts-to-snap-in-house-farm-bill-would-take-food-off-the-table-for-new-mexico-families/

For more information on SNAP in New Mexico, go to: http://nmpovertylaw.org/proposed-budget-will-increase-hunger-and-inequality-in-nm-february-2018/

Hearing on proposed small loan regulations Monday

CHAMA—The New Mexico Legislative Indian Affairs Committee will hold an interim legislative hearing in Chama on Monday regarding the Financial Institutions Division’s proposed regulations on HB 347, which imposes a 175 percent APR interest rate cap on small loans. The New Mexico Center on Law and Poverty and Prosperity Works will ask the committee to pass a resolution requesting the FID provide information about how it is enforcing this new law and present that report to the committee later this fall.

Before passage of HB 347 in the 2017 legislative session, most small loans were unregulated and interest rates were even higher. HB 347 ensures that borrowers have the right to clear information about total loan costs, allows borrowers to develop a credit history when they make payments on small-dollar loans, and sets minimum contract terms for small loans including at least four payments and 120 days to pay off most loans. Refund anticipation loans are exempt from those requirements.

While the law and proposed regulations signal progress for fair loan terms, much more work remains to be done to ensure fair access to credit for all New Mexicans. Storefront lenders with predatory business practices that trap people in a cycle of unaffordable debt have deep roots in the state and have aggressively targeted generations of low-income families and Native communities, pushing loans with high-interest rates or arbitrary fees with no regard for an individual’s ability to repay.

The FID’s proposed regulations can be found here: www.rld.state.nm.us/financialinstitutions/

The Center’s comments on the proposed regulations can be found here: https://wp.me/a7pqlk-10H

The Center’s suggested changes to the proposed regulations can be found here: https://wp.me/a7pqlk-10I

WHAT: 
Indian Affairs Committee interim legislative hearing on proposed HB 347 regulations, which impose a 175 percent interest rate cap on small loans.

WHEN:
Monday, July 2, 2018 at 12:30 p.m.

WHERE:     
Lodge and Ranch at Chama
16253 S Chama Highway 84, Chama, NM 87520
Chama, NM 87520

WHO:
Indian Affairs Committee
New Mexico Center on Law and Poverty
Prosperity Works
FID
Member of the public

McKinley County Commission unanimously supports innovative ‘Medicaid buy-in’

Community need and widespread support inspired commission

GALLUP–The McKinley County Commission, after hearing powerful community testimony, on Tuesday unanimously passed a resolution in support of the state’s work to develop and implement an innovative plan to allow New Mexicans the opportunity to buy-in to the proven, trusted Medicaid healthcare system.

“With more than 16,000 McKinley residents still uninsured,” said Christopher Hudson from the McKinley Communities Health Alliance “We need to support innovative ideas that will help everyone in our communities get the health care they need. A Medicaid buy-in program is a great option to make quality care affordable and accessible.”

In the 2018 Legislative Session, both the House and the Senate passed memorials calling for the Legislative Health and Human Services Committee to explore the policy and fiscal implications of offering a Medicaid Buy-in plan to New Mexico residents.

By allowing McKinley County residents to buy-in to Medicaid for their health coverage, a state program would reduce uncompensated care for doctors and hospitals and would also save much-needed funding in the county’s indigent care funds.

“I know how hard it can be to access health care,” said McKinley County resident and Strong Families New Mexico healthcare advocate Althea Yazzie. “I’ve had to fight with insurance providers to get help to pay for my medications, my transportation, and my rheumatologist appointments. Being sick is hard. Getting better shouldn’t be. I’m proud of our county for supporting Medicaid buy-in.”

In addition to sharing the resolution with legislators to show the county’s support for a Medicaid buy-in plan, the resolution also adds Medicaid buy-in to McKinley County’s legislative priorities, meaning the county will work directly with legislators to advance the program.

New Mexico families in danger of losing access to SNAP   

House Farm Bill passes

ALBUQUERQUE— The 2018 House Farm Bill, passed by the U.S. House of Representatives today, significantly cuts the Supplemental Nutrition Assistance Program (SNAP)—formerly known as food stamps—by more than $20 billion over the next ten years by shrinking eligibility for families, penalizing unemployed older adults, and other changes.

If passed by the U.S. Senate, the cuts will make it difficult for millions of Americans to access enough groceries and healthy food, and would be especially damaging to New Mexico, where over 450,000 people rely on SNAP to eat, including 40 percent of the state’s young children.

The following can be attributed to Sovereign Hager, Managing Attorney at the New Mexico Center on Law and Poverty:

“SNAP, the Supplemental Nutrition Assistance Program, is our country’s most successful hunger fighting program. It helps hundreds of thousands of struggling New Mexicans put food on the table and is of particular importance in the southern half of our state where almost one in four people participate in the program. But the new House Farm Bill cuts SNAP, and Congressman Steve Pearce, who represents District 2, voted again to increase food insecurity and hardship across New Mexico.

“Earlier this year, Congress passed a bill that gives $84 billion in tax breaks to the wealthiest one percent – enough money to fund the entire SNAP program which costs less than $60 million. Few in District 2 or in New Mexico will benefit from those tax cuts for the wealthiest, but at least 162,393 New Mexicans in Congressman Pearce’s district participate in SNAP. Should this legislation pass in the Senate, up to 121,000 New Mexicans would face termination of SNAP, while tens of thousands of children and other family members would face reduced benefits for up to three years.

“Some of these families will lose food assistance due to illogical new work requirements. Research shows that SNAP gives people the support they need to get back on their feet and that compared to people not receiving SNAP, unemployed SNAP participants are more likely, not less, to find work. Despite this clear data showing that it is completely backward to take food away from people who are struggling to find work, the House Farm Bill would force New Mexico to develop a large bureaucracy to track employment and unpaid work hours of people on SNAP and cut unemployed adults, including those with children over six years old.

“Our state elected leaders should know just how misguided such policies are. In 2014 and 2015, Governor Martinez experimented with the same expensive bureaucracy and harsh penalties here in New Mexico despite widespread opposition. The courts ordered the state to stop the program because the state couldn’t administer it without terminating food assisatnce for eligible families.

“The truth is most New Mexican families that can work, do work. Over half of the families who participate in SNAP in New Mexico are in working families. Families in our state receive SNAP for an average of just 14 months, making it a critical temporary support.

“Food is at the heart of our culture here in New Mexico, and in southern New Mexico, food and agriculture have deep roots. The congressional bill threatens not just our families but also our local economies and vibrant local food systems. Millions in SNAP benefits boost food purchases and creates jobs in food retail and agriculture. In fact, SNAP generates $1.70 of economic activity for every federal dollar spent. Over $650 million in SNAP benefits were spent at retailers in New Mexico last year.

“Instead of trying to cut SNAP, lawmakers should focus on bipartisan legislation that grows income and employment opportunities for all New Mexicans through policies that actually work. We urge Steve Pearce and other lawmakers to stop supporting such damaging legislation and instead to strengthen SNAP and ensure families across New Mexico can meet their basic needs.”

For more information on the 2018 Farm Bill and how the SNAP cuts would have impacted southern New Mexico, go to:  http://nmpovertylaw.org/2018/05/farm-bill-proposal-would-hurt-southern-new-mexico-economy-and-leave-families-hungry/

For more information on SNAP in New Mexico, go to: http://nmpovertylaw.org/proposed-budget-will-increase-hunger-and-inequality-in-nm-february-2018/

New Mexico families will not lose access to SNAP   

Farm Bill fails to pass

ALBUQUERQUE— Lawmakers rejected the 2018 Farm Bill today. The bill would have increased food insecurity by significantly cutting the Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps, by more than $20 billion over ten years. The cuts would have made it difficult for millions of Americans to access enough groceries and healthy food and would have had a particularly harmful impact on New Mexico, where one in four people rely on SNAP to eat, including one in three of the state’s children.

“We are relieved that the House voted to protect access to food for hundreds of thousands of New Mexicans, including children, low-wage workers, older adults, and people with disabilities,” said William Townley, an attorney with the New Mexico Center on Law and Poverty. “SNAP is New Mexico’s first defense against hunger and creates jobs in our agricultural and food industries. We hope Congress will move forward with legislation that bolsters our food assistance programs and ensures that no one in our communities goes hungry.”

Rep. Steve Pearce, who represents southern New Mexico’s District 2, voted in favor of the bill. SNAP has been vital in helping struggling southern New Mexicans afford basic nutrition. At least 162,393 New Mexicans in Pearce’s district participate in SNAP. Most of these families include children and nearly a third include senior citizens. Over half of the SNAP participants in District 2 are in working families.

41 organizations, including the New Mexico Pediatric Society, sent a letter this week to Pearce and Representatives Ben Ray Lujan and Michelle Lujan Grisham urging them to vote against the legislation. The letter can be found here: http://nmpovertylaw.org/farm-bill-snap-sign-on-letter-2018-05-15/

The signatories include:

New Mexico Center on Law and Poverty
El CENTRO de Igualdad y Derechos
Equality New Mexico
Interfaith Worker Justice – New Mexico
National Education Association- New Mexico
Ojo Sarco Community Center
Rio Grande Food Project
RISE Stronger New Mexico
La Semilla Food Center
Santa Maria de la Vid Abbey
Food Bank of Eastern New Mexico
Interfaith Hunger Coalition
The Community Pantry
New Mexico Pediatric Society
National Center for Frontier Communities
New Mexico Asian Family Center
Senior Citizens Law Office
Freeman House
Prosperity Works
Lutheran Advocacy Ministry-New Mexico
New Mexico Voices for Children
National Union of Hospital and Healthcare Employees- District 1199NM
New Mexico Coalition to End Homelessness
Mesilla Valley Community of Hope
Casa Milagro
Enlace Comunitario
Southwest Women’s Law Center
New Mexico Academy of Nutrition and Dietetics
Crossroads for Women
Roadrunner Food Bank of New Mexico
New Mexico Children Advocacy Networks
Encuentro
OLÉ Education Fund
Pegasus Legal Services for Children
Strong Families NM of Forward Together
Transgender Resource Center of New Mexico
National Center for Frontier Communities
Southwest Center for Health Innovation
Center for Civic Policy
NM CAFé (Comunidades en Acción y de Fe)
New Mexico Community Health Worker Association

For more information on the 2018 Farm Bill and how the SNAP cuts would have impacted New Mexico, go to: http://nmpovertylaw.org/2018/04/proposed-cuts-to-snap-in-house-farm-bill-would-take-food-off-the-table-for-new-mexico-families/

For more information on the 2018 Farm Bill and how the SNAP cuts would have impacted southern New Mexico, go to:  http://nmpovertylaw.org/2018/05/farm-bill-proposal-would-hurt-southern-new-mexico-economy-and-leave-families-hungry/

For more information on SNAP in New Mexico, go to: http://nmpovertylaw.org/proposed-budget-will-increase-hunger-and-inequality-in-nm-february-2018/

FID must fix loopholes in regulations to protect New Mexicans from predatory loans

GALLUP— The New Mexico Financial Institutions Division must close loopholes in storefront loan renewals and ensure greater transparency in the small loan industry, said the New Mexico Center on Law and Poverty at a hearing in Gallup today. The FID held the hearing to gather public comment on its proposed HB 347 regulations. The law, passed during the 2017 New Mexico legislative session, imposes a 175 percent APR interest rate cap on small loans. Previous to its passage, most small loans were unregulated and interest rates were even higher.

Gallup, which is almost 50 percent Native American, has the highest concentration of storefront lenders in New Mexico with nearly 50 licensed lenders for a population of less than 23,000. Storefront lenders have long aggressively targeted low-income families and Native communities in the state, pushing loans with high-interest rates or arbitrary fees with little regard for an individual’s ability to repay.

“The Navajo Nation Human Rights Commission office receives a variety of consumer complaints about small loans that Navajo citizens enter,” said Leonard Gorman, executive director of the Navajo Nation Human Rights Commission. “Often times the Navajo consumer is an elder who has been misinformed or not informed of the conditions involving their loans.”

HB 347, in addition to the APR cap, strictly limits the fees that lenders are permitted to charge borrowers, eliminates interest-only payments on the majority of storefront loans, and stipulates that all such loans, except refund anticipation loans, have an initial maturity of 120 days.

Loan renewals, however, are not addressed by the FID’s proposed regulations. This creates a major loophole that leaves consumers vulnerable to interest rates and fees that are now illegal under the law for new loans. The Center urges the FID to close this loophole by clarifying that renewals are subject to the law’s fee limit, interest rate cap, and payment schedule requirements for new loans.

“All New Mexicans deserve access to fair and transparent loans under reasonable terms, including low-income families. But we have a lot of work to do to create a more inclusive economy in our state,” said Christopher Sanchez, supervising attorney at the New Mexico Center on Law and Poverty. “Predatory lending has hurt New Mexican families and our economy in concrete ways, draining millions of dollars from the pockets of those who can least afford it. The FID can meaningfully address this damage to consumers in 2018 by first fixing the loopholes around loan renewals in its regulations.”

In New Mexico, storefront lenders frequently market and encourage borrowers to “renew,” “refinance,” or “rollover” their existing loans. High-cost small loans, with interest rates and fees that add up to several times the loan principal, are often nearly impossible for borrowers to pay off in the short terms that lenders offer.

For many people, the only solution at the end of the repayment period is to renew the loan and pay costly fees and extended high interest payments. Repeated renewals dramatically increase the cost of a small loan and make it extremely difficult for a borrower to calculate the long term financial consequences of the extension.

For example, a Zuni man with a full-time income was struggling to make payments on a $125 loan he took out from a Gallup company 10 years ago. When he was unable to pay back the principal, interest, and high fees by the date the loan was due, he renewed the loan rather than default. He has now renewed his loan over a dozen times and paid the company thousands of dollars in interest and renewal fees. He still cannot pay off the principal.

The FID’s proposed regulations also fail to address the lack of transparency in storefront lending practices. It is all too common in the industry for storefront lenders to mislead borrowers about the true cost of small loans through confusing contract terms, expensive and often useless add-on products, and by marketing loans that conceal long term costs. Because of this intentional subterfuge, it is often difficult or impossible for consumers to calculate the true costs of their loans.

“We should all be able to walk into a small loan store and see how much a loan will actually cost,” said Sanchez. “The market operates more effectively when all members of the public can understand the terms of the contracts they are entering. It’s important that the regulations ensure that loan terms are disclosed to borrowers in clear, straightforward terms.”

The Center also suggests the regulations include improved methods of data collection, greater protections for borrowers of refund anticipation loans, and expanded language accessibility.

“While a small loan business may have a Navajo employee interacting with the Navajo customers, our Navajo plaintiffs indicate that the Navajo employee does not speak the Navajo language well enough to communicate effectively with Navajo elders,” said Gorman. “The new administrative rules must include provisions for explaining the small loan entirely in the language preferred by the customers. Without a language assistance provision, Navajo consumers with difficulty understanding the English language will continue to be disenfranchised because they cannot fully understand the loan documents.”

The FID’s proposed regulations can be found here: www.rld.state.nm.us/financialinstitutions/

The Center’s comments on the proposed regulations can be found here: https://wp.me/a7pqlk-10H

The Center’s suggested changes to the proposed regulations can be found here: https://wp.me/a7pqlk-10I

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