SANTA FE—Yazzie plaintiffs in the landmark Yazzie/Martinez education lawsuit asked the First Judicial District Court today to order the State of New Mexico to provide computers and high-speed internet access to the thousands of “at-risk” students who lack these necessary tools for remote learning.
“Many children in New Mexico, especially those in rural districts and districts serving predominantly Native American students, don’t have computers or high-speed internet access and have been effectively denied access to public education since the pandemic started, worsening existing education inequities,” said Melissa Candelaria, a senior attorney at the New Mexico Center on Law and Poverty, which represents the Yazzie plaintiffs.
In 2018, in the Yazzie/Martinez v. State of New Mexico lawsuit, the court ordered the state to provide a sufficient education to all public school students.
The state was required to immediately direct resources to remedy the failures in its education system, because the court recognized students—especially Native students, English language learners, students from low-income families, and students with disabilities—would be irreparably harmed if the state did not act swiftly.
The court noted that access to technology, including computers and related infrastructure, is essential to a sufficient education.
An estimated 23 percent of the New Mexico population lacks broadband internet service. An estimated 80 percent of Native Americans living on tribal lands in New Mexico do not have internet services at all.
“During the COVID-19 pandemic, lack of access has been catastrophic for far too many New Mexican families because of the state’s failure to address the technology gaps,” said Alisa Diehl, a senior attorney with the Center. “The state has to be accountable to New Mexico’s students and families and make access to their education a priority.”
Diehl continued, “Had the state complied with the 2018 court order, many more students would be able to access remote learning right now. Unfortunately, the state has spent its time and resources trying to dismiss the lawsuit. Nine months into the pandemic, too many students have received little to no education at all. This is utterly unacceptable. The state needs to take action immediately to make sure New Mexico’s students get the education they need and deserve.”
The motion can be found here: http://nmpovertylaw.org/wp-content/uploads/2020/12/Yazzie-Tech-Motion-With-Exhibits-1-6-Final.2020-12-15.pdf
The final ruling in the lawsuit can be found here: http://nmpovertylaw.org/wp-content/uploads/2019/02/D-101-CV-2014-00793-Final-Judgment-and-Order-NCJ-1.pdf
Attorneys for the Yazzie plaintiffs include Melissa Candelaria, Alisa Diehl of the New Mexico Center on Law and Poverty, Preston Sanchez of ACLU-NM, and Dan Yohalem.