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.