City of Albuquerque supports ‘Medicaid Buy-in’  

City Council moved by local and statewide support for innovative solution 

ALBUQUERQUE—The Albuquerque City Council, after hearing from NM Together for Healthcare leaders from Albuquerque, passed a resolution today that supports the state’s commitment to exploring a proposal that would allow anyone to buy into a low-cost healthcare plan through Medicaid—including the uninsured who don’t qualify for Medicaid now.

“I support the Medicaid Buy-in because we all have the right to good health, and access to low-cost options will help many people,” said Evelyn Ramos, a Partnership for Community Action healthcare advocate and Albuquerque resident. “Since I am uninsured, I know how difficult it is to find healthcare coverage. When I do find services, I am given appointments months away.
I have daughters who get sick often, so it has helped my family to have them covered by Medicaid. But not everyone is eligible for Medicaid. We should open it up for everyone to access good healthcare.”

The Medicaid Buy-in plan has been gaining support around the state with
the unanimous passage of similar resolutions by the All Pueblo Council of Governors and local governments, including the city of Sunland Park, the city of Anthony, Bernalillo County, and McKinley County. Medicaid Buy-in memorials passed with bipartisan support in the New Mexico House and Senate during the 2018 legislative session.

Medicaid is already a trusted, popular model that covers over 830,000
New Mexicans, including over 225,000 Bernalillo County residents. The plan would open up Medicaid for all New Mexican’s to buy into, providing low-cost coverage for the over 48,000 uninsured Bernalillo county residents. It would also provide affordable health insurance to individuals who are not eligible for Medicaid due to income or immigration status.

The plan could also help the economy by ensuring families have coverage to receive needed medical care before health conditions worsen, resulting in medical debt for families and uncompensated care costs for hospitals and providers.

“Without Medicaid, it would be extremely difficult for us to afford medical services for my daughters. We would probably go to the doctor in an emergency or when an illness has worsened,” said Ramos. “But undocumented people do not have access to Medicaid. It is important for us to find what we have in common—we all need good health.”

The Albuquerque City Council will share the resolution with state legislators and include this resolution in their legislative requests for the upcoming 2019 session.

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NM Together for Healthcare is a statewide, multiracial campaign of families and community organizations working together to strengthen healthcare access in New Mexico supported by Strong Families New MexicoPartnership for Community ActionNew Mexico Center on Law and Poverty, and Health Action New Mexico. For information, visit http://nmtogether4health.org/ or email: nmtogether4healthcare@gmail.com.

City of Albuquerque to consider supporting innovative ‘Medicaid buy-in’ option today

ALBUQUERQUE—Albuquerque healthcare leaders in the New Mexico Together for Healthcare campaign will present a resolution to the Albuquerque City Council today that supports the state’s exploration of an innovative plan that would allow New Mexicans to buy-in to the proven, trusted Medicaid healthcare system. The city council is expected to pass the resolution at its 5 p.m. meeting this evening.

The buy-in plan would allow New Mexicans to buy into the Medicaid program for healthcare coverage—even if they are not currently eligible for Medicaid— providing a more affordable, high-quality healthcare coverage option.

With more than 48,000 people in Bernalillo County currently without health insurance, a Medicaid buy-in plan would make quality healthcare coverage more accessible for many local residents. Albuquerqueans have reached out to the city councilors and urged them to support the resolution.

WHAT:  
The Albuquerque City Council will vote on an important resolution supporting the state’s work to explore a Medicaid Buy-in plan.

WHEN:   
5 p.m., Monday, October 1, 2018

WHERE:     
Albuquerque/Bernalillo County Government Center, One Civic Plaza, Albuquerque, NM 87102

WHO: 
Albuquerque City Council
New Mexico Together for Healthcare leaders

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NM Together for Healthcare is a statewide, multiracial campaign of families and community organizations working together to strengthen healthcare access in New Mexico, supported by Strong Families New Mexico, Partnership for Community Action, New Mexico Center on Law and Poverty and Health Action New Mexico. For information, visit http://nmtogether4health.org/ or email: nmtogether4healthcare@gmail.com.

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

Families sue CYFD over illegal denial of child care assistance

SANTA FE—Access to quality and affordable child care is critical for working families and parents who are in school. Unfortunately, the New Mexico Children, Youth and Families Department has been illegally and arbitrarily denying eligible families much needed child care assistance. Several parents and OLÉ, represented by the New Mexico Center on Law and Poverty, sued the agency late yesterday in First Judicial District Court for violating New Mexico’s state laws and constitution.

“We should all be able to go to work knowing we’re leaving our children in good hands,” said Annette Torres, one of the plaintiffs in the Torres v Jacobson lawsuit. “I really cannot tell you how devastated I was when CYFD denied me child care assistance. It’s just been a tremendous struggle to make ends meet. Without child care, I wouldn’t be able to work.”

Families represented in the lawsuit include a parent who will not be able to return to her managerial job because she cannot afford full time child care. Instead, she will take another job with a different employer for less hours and lower wages. Other parents in the lawsuit are preschool teachers and a medical assistant who cannot afford the ever changing and unpredictable co-pays, some as high as $400 a month, that CYFD assigns to them.

The Torres v Jacobson lawsuit claims that CYFD illegally established a policy of denying child care assistance to families with incomes over 150 percent of the federal poverty levela yearly income of $31,170 for a family of threewithout publishing a regulation or going through the required public comment and hearing process. CYFD’s own regulations state that the eligibility for child care assistance is considerably higher, set at 200 percent of the federal poverty level. Families still experience financial hardship even with incomes above 200 percent of the federal poverty level.

CYFD also illegally turns away families looking for child care assistance without informing them of their right to challenge a denial of benefits.

“We know that the earliest years in children’s lives are the most important in their development and lay the foundation for all that is to come,” said Monica Ault, attorney with the New Mexico Center on Law and Poverty. “All working families need access to affordable childcare and preschool that they can trust. Families denied child care assistance have had to turn down work opportunities, drop out of school, or are forced to seek alternative care that is often low-quality and not developmentally appropriate for their children.”  

When CYFD does provide child care assistance, it illegally forces families to shell out unaffordable co-pays without explanation of how it determined the amounts. CYFD’s methods for calculating copayment amounts are arbitrary and have not been established through a public and transparent rulemaking process as required by law. The agency will not explain how it determines copayments beyond saying that the computer system does it.

The federal government has established seven percent of income as a benchmark of affordability for child care assistance. However, CYFD sets co-payments considerably higher for a large share of families. Plaintiffs in the lawsuit shoulder child care costs of over 10 percent of family income.

“Our family has had to make many sacrifices so that my wife and I can go to work knowing that our children are getting safe, quality care,” said John Cambra whose wife is a plaintiff. “It’s been incredibly difficult to make things work. Our co-pays were so high that we’ve had to go without transportation and ask our families to help us with things like diapers and wipes for our children.”

“One often insurmountable barrier to financial security for many families is the high cost of child care, and this is especially true for low-wage workers,” added Traeshaun Buffin a community organizer at OLÉ. “The astronomical costs prevent tens of thousands of New Mexican families with children from accessing meaningful work and educational opportunities. CYFD should stop denying eligible families the child care assistance they need. CYFD needs to adopt standards with public input to make the program affordable and predictable.”

The complaint can be found here: http://nmpovertylaw.org/torres-v-jacobson-first-amended-complaint-with-exhibits/

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The New Mexico Center on Law and Poverty is dedicated to advancing economic and social justice through education, advocacy, and litigation. We work with low-income New Mexicans to improve living conditions, increase opportunities, and protect the rights of people living in poverty.

OLÉ is a non-profit, who uses grassroots organizing within the local community of working families in New Mexico. Our members and staff work together to strengthen our communities through social advocacy and economic reform, using issue-based campaigns and electoral engagement to ensure that working families are playing a critical role in shaping New Mexico’s future with a united voice.

The Trump administration’s “public charge” rule will increase hunger and poverty in New Mexico

ALBUQUERQUE—In a reckless new attack on immigrant families, the Trump administration has proposed a federal rule that would allow the government to deny green cards and visa renewals to immigrants who have participated in programs that help with basic needs like medical care, food, and housing.

The rule change primarily impacts lawfully present immigrants applying for green cards and immigrants seeking entry to the U.S. through family-based petitions. It will significantly disrupt access to food, healthcare, and shelter for millions of immigrant families nationwide and hundreds of thousands of New Mexicans.

“No family should have to choose between meeting basic needs and being with their loved ones,” said Sovereign Hager, legal director at the New Mexico Center on Law and Poverty.

Trump’s new rule drastically expands the list of programs that jeopardize immigration status to include nearly all available basic need programs like Medicaid and SNAP, formerly known as food stamps. The “public charge” rule currently only considers receipt of cash benefits and institutional care as a public charge reason to deny immigrants admission to U.S. or to deny their application for legal residency. The new rule will not be retroactive, so the current use of food and medical benefits do not fall under the proposed rule.

19.8 million children in the U.S. live with at least one immigrant parent. When eligible family members cannot access food assistance because they fear immigration consequences, the entire family has reduced access to food. Nearly five million citizen children and at least 30,000 U.S. citizen children in New Mexico may face a reduction in food benefits.

“The latest scheme unfairly changes the rules for families who’ve waited for years to be reunited,” said Sireesha Manne, executive director at the New Mexico Center on Law and Poverty. “It creates a pay-to-play immigration system where green cards go to the highest bidders in wealthier households.”

The Trump administration’s policy agenda is already causing immigrants to forgo crucial assistance for themselves and their citizen children for fear of being targeted for deportation. By penalizing families for accepting help with food and medical care for which they are eligible, the policy will increase inequality and make us a sicker, hungrier, poorer nation.

The New Mexico Center on Law and Poverty denounces this cruel and reckless public charge proposal. In the weeks and months to come, the organization will work tirelessly to mobilize with state and national partners to oppose the proposed rule.

“The best way to strengthen our country is to ensure that all families who live in it can meet their basic needs. All families have a human right to food, medical care, and shelter to thrive and contribute to their communities and our country,” said Hager. “These cruel attacks on immigrant families must stop for our nation to end inequality and increase opportunity.”

Find out more about the public charge rule here: http://nmpovertylaw.org/wp-content/uploads/2018/09/Factsheet-Know-the-facts-about-public-charge-2018-09-23.pdf

A copy of the proposed new rule can be found here: https://www.dhs.gov/publication/proposed-rule-inadmissibility-public-charge-grounds#

City of Anthony stands behind ‘Medicaid Buy-in’ 

Board of Trustees moved by local support and statewide momentum 

ANTHONY– The City of Anthony’s Board of Trustees, after hearing testimony from NM Together for Healthcare family leaders who live in Anthony, passed a resolution on Monday in favor of continuing the state’s efforts to shape a healthcare solution that would open up Medicaid for any New Mexican to buy into — regardless of their current Medicaid eligibility.

“All New Mexican families should have health insurance that allows them economic security and good health,” said Vanessa Urbina, Anthony resident and Strong Families New Mexico healthcare advocate. “Unfortunately, many New Mexican families, including over 25,000 Doña Ana County residents, do not have health insurance. Medicaid has worked for my family and many others. We should build on Medicaid by opening it up for everyone.”

Medicaid is a trusted program that provides quality, affordable healthcare to over 100,000 people in Doña Ana County. A well-designed Medicaid Buy-in plan would allow Anthony residents — like those that don’t qualify for Medicaid because of income or citizenship status—to buy into healthcare coverage offered through Medicaid.

Having more New Mexicans covered would reduce uncompensated care costs that are shifted to doctors and hospitals and reduce medical debt among families trying to build financial security.

“For some years, my husband and I could not walk without pain in our hips and waist, but thanks to Medicaid, we received the treatment we needed,” said Ramona Urbina, another a long-time Anthony resident and Strong Families healthcare leader. “Today my husband can work and so can I. We can still pay our bills. Everyone should have the right of good healthcare that they can afford.”

New Mexican leaders like the Urbina family are part of the NM Together for Healthcare campaign, a movement of diverse families and organizations from across the state working to build support for a Medicaid Buy-in plan.

The campaign has been successful in building support among policy makers across the state, and similar resolutions have passed with unanimous support in the City of Sunland Park and Bernalillo and McKinley Counties. The New Mexico House and Senate also passed a Medicaid Buy-in memorial to study a buy-in option with bipartisan support during the 2018 legislative session.

“Medicaid has helped my family improve their quality of life. My father had been running his own business for 20 plus years, and I was able to finish my University Bachelor degree in Public Health because we’ve been able to manage our health, focus on our goals, and go to the hospital without going into debt,” said Vanessa Urbina. “But many families are not eligible for Medicaid due to immigration status, or they just don’t know they are eligible. We are fighting to make sure that every New Mexican family has the chance to be healthy and create opportunities for themselves.”

The City of Anthony’s Board of Trustees will include this resolution in their legislative requests for the upcoming 2019 session and share the resolution with state legislators.

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NM Together for Healthcare is a statewide, multiracial campaign of families and community organizations working together to strengthen healthcare access in New Mexico supported by Strong Families New MexicoPartnership for Community ActionNew Mexico Center on Law and Poverty, and Health Action New Mexico. For information, visit http://nmtogether4health.org/ or email: nmtogether4healthcare@gmail.com.

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/

Bernalillo County champions ‘Medicaid Buy-in’

County Commissioners moved by local and statewide support for innovative solution

BERNALILLO COUNTY–The Bernalillo County Board of Commissioners, after hearing from NM Together for Healthcare leaders from Bernalillo County, passed a resolution today that supports the state’s commitment to exploring an innovative proposal to allow New Mexicans to purchase health insurance coverage through Medicaid — including to those who do not currently qualify for Medicaid or cannot afford to use their current insurance.

“The Medicaid Buy-in plan is important because insurance is very expensive, and all New Mexicans need healthcare coverage,” said Reyna Tovar, a Partnership for Community Action healthcare advocate and Bernalillo County resident. “When my husband was unemployed, we did not have health insurance. When he found a new job, he had to wait six months until he qualified for health insurance through his employer. We did not have coverage during this time because we made too much for Medicaid and Obamacare was too expensive to use.”

Since July, policymakers and community members have been working together to develop this affordable healthcare solution through statewide roundtables and the passing of similar resolutions through local governments like the City of Sunland Park, Doña Ana, and McKinley County. During the 2018 legislative session, Medicaid Buy-in memorials passed with bipartisan support in the New Mexico House and Senate.

Medicaid already covers over 850,000 New Mexicans, including over 228,065 Bernalillo County residents. The plan would expand Medicaid for all New Mexican’s to buy into, providing low-cost coverage for the over 54,000 Bernalillo County residents who are still uninsured. It would also provide affordable health insurance to individuals who are not eligible for Medicaid due to income, immigration status, and for those who have healthcare coverage but cannot afford to use it.

“A Buy-in program would build upon Medicaid’s strong foundation to ensure that families do not have to choose between death and financial ruin,” said Lan Sena, a resident of Bernalillo County and a Strong Families New Mexico healthcare advocate. “My grandfather, an immigrant, could not get Medicaid when he had cancer and died because he could not afford treatment. I have cancer too, and even though I have insurance, I still cannot afford my treatments.”

“I have to choose whether to pay for healthcare insurance or gas for my car,” said Tovar. “Many people don’t qualify for Medicaid or earn slightly too much for Medicaid and cannot afford to pay for healthcare on their own.”

Bernalillo County will share the resolution with state legislators and include this resolution in their legislative requests for the upcoming 2019 session.

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NM Together for Healthcare is a statewide, multiracial campaign of families and community organizations working together to strengthen healthcare access in New Mexico supported by Strong Families New Mexico, Partnership for Community Action, New Mexico Center on Law and Poverty, and Health Action New Mexico. For information, visit http://nmtogether4health.org/ or email: nmtogether4healthcare@gmail.com.

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/