New Mexico has a long way to go to improve education system, charge Yazzie plaintiffs 

SANTA FE—Students still lack the basics that are necessary for a constitutionally sufficient education, charged the Yazzie plaintiffs of the landmark education lawsuit, Yazzie/Martinez v. State of New Mexico in a legal notice of case status filed with the First Judicial District Court today. 

“We know that the Public Education Department and the governor want New Mexico’s diverse student population to have the educational opportunities they need to succeed,” said Lauren Winkler, an attorney with the New Mexico Center on Law and Poverty. “Unfortunately, our legislature did not do nearly enough for our students this session. As a result, school districts have been unable to provide additional programming and supports for at-risk students like bilingual education and social services. In fact, many districts have been forced to cut basic programs like reading intervention and drop-out/truancy prevention, and they cannot meet the demand for pre-K programs.” 

Plaintiffs in the case are working with the governor and the PED on a plan to bring the state into compliance with the First Judicial District Court’s most recent February 2019 court order, which found that the state violated students’ constitutional rights to a sufficient education and ordered the state to provide educational programs, services, and funding to schools to prepare students so they are college and career ready.

The court ordered the state to take immediate action for at-risk students that face the deepest inequities and barriers to education, including low-income students, Native American and Latino students, English language learners, and students with disabilities. Judge Sarah Singleton’s initial ruling was in July 2018.

Since the court’s July 2018 decision, the Yazzie plaintiffs have worked with a broad group of educators, tribal members, community groups, and school districts to craft a platform of action necessary to transform New Mexico’s educational system to address the needs of at-risk children in compliance with the court orders. Most of the programs and funding in the platform, supported by plaintiffs, were blocked by legislative leaders and died in committees.

The New Mexico State Legislature increased education funding this past session, but school districts had to spend the bulk of the increase on a much needed raise for educators. Once districts allocated funds for the modest six percent raise, they did not have enough funding for basic educational necessities that would bring the state into compliance with the court’s ruling.

“We still have a substandard education system for our children. Our schools not only lack the basics, they lack the essential culturally relevant resources and materials, that our children need,” said Wilhelmina Yazzie, the lead plaintiff in the case who has children in the Gallup McKinley County Schools. “This is not acceptable. All our children deserve an equal opportunity to succeed. My hope is that the state will act upon the court’s ruling and make our children a priority. We cannot waste another year. Our children are the future of New Mexico, and they are sacred.” 

The notice of case status states that the Legislature’s increased funding is not sufficient to:

  • Cover basic instructional materials and technology for classrooms;
  • Ensure teaching is tailored to the unique cultural and linguistic needs of our students, including English-language learners and indigenous communities;
  • Adequately expand access to pre-K, summer school, after school programs, reading specialists, and smaller class sizes;
  • Ensure social services, counseling, health care and literacy specialists are available to all students who need them;
  • Invest in our educators to attract and retain new teachers and expand their qualifications, especially for special education, science, and bilingual education;
  • Adequately increase the transportation budget to ensure all students have the opportunity to participate in after-school and summer programs.

“Raises for teachers and support personnel were essential to recruiting and retaining employees. Rio Rancho is still seeing its teachers exit the profession and leave for better salaries. The most important support we provide students is a highly qualified teacher, but we struggle to find staff in every field. New Mexico must offer salaries that are competitive with neighboring states,” said Sue Cleveland, superintendent of the Rio Rancho Public School District. “But after satisfying the salary mandate, insufficient funds remained for programs such as pre-K and for addressing the needs for social workers, dual-language programs, and literacy specialists. We continue to run a deficit of $800,000 for transportation, diverting funds away from the classroom. Positive gains have been made, but there is still work to be done.”

While the Legislature significantly increased funding for extended learning through the K-5 Plus and the Extended Learning programs, the vast majority of at-risk students do not have access to these programs.

By the time the laws were passed, districts had little time to consult with teachers and parents to determine whether the districts could apply for the programs. Many districts did not apply for funding because they determined that the money available would not cover the actual cost of the programs; the program requirements were too strict and inflexible; and they did not have time to determine whether they could implement the programs.

The Legislature also increased funding for pre-K for four-year-olds, but thousands of families who applied for the program still do not have access.

The Yazzie plaintiff’s Notice to the Court of Case Status in Yazzie/Martinez v. State of New Mexico can be found here: http://nmpovertylaw.org/notice-yazziemartinez-v-nm-yazzie-plaintiffs-2019-06-28/

The final ruling in Yazzie/Martinez v. State of New Mexico can be found here: http://nmpovertylaw.org/wp-content/uploads/2019/02/D-101-CV-2014-00793-Final-Judgment-and-Order-NCJ-1.pdf

Key legislation on multicultural education framework in New Mexico discussed by sponsors, education experts

SANTA FE, NEW MEXICO—Among the many education bills that are working their way through legislative committee, those sponsored by Representative Tomás E. Salazar are designed to ensure a multicultural, bilingual framework is at the core of the New Mexico education system. The bills must be passed in the House Appropriations Committee and receive funding to move forward in the legislature. The committee is currently considering the public school budgets and intends to finalize its budget bill by next week.

“More than 75 percent of New Mexico public school students are culturally and linguistically diverse. This diversity should be celebrated and must also be reflected in curriculum and teacher development,” said Representative Salazar. “Judge Singleton’s order is clear—we can no longer violate the constitutional rights of a majority of our students.”

HB 111, HB 120, and HB 159 were developed out of the Transform Education NM Platform, a comprehensive blueprint to fix New Mexico’s schools. Based on the input of 300+ diverse community stakeholders and two million pages of documentation and expert testimony of educators, economists, and academic researchers as part of the Yazzie/Martinez trial, the platform is the roadmap to successfully transforming the state’s education system.

“We know that a multicultural education is essential for our students to learn and succeed,” said Preston Sanchez, plaintiff attorney on the Yazzie lawsuit. “We urge our legislators and our governor to support these bills and to include them in HB 2. The success of New Mexico’s schools depends on making sure these bills are passed and fully funded.”

Research shows a multicultural and multilingual education approach allows students to maintain their language and identity, resulting in a marked improvement in learning achievement. The court found that the state is not meeting its own duties and responsibilities for a multicultural education established in the New Mexico Indian Education Act, Hispanic Education Act, and Bilingual Multicultural Education Act, which Representative Salazar’s pieces of legislation aim to fix.

“English language learners (ELLs) are the lowest performing group across all sub-groups when they don’t have the support they need. Also, indigenous languages are in peril. This is due in great part to current public school policies that must be addressed,” said UNM professor and bilingual learning expert Rebecca Blum Martinez. “We have an obligation to assist Indigenous and Hispanic students as much as possible while honoring the diverse cultural identity that is the hallmark of our state. These bills provide our teachers with the pedagogical tools they need to be successful.”

“These pieces of legislation, and everything else in the Transform Education platform, is what our students, and future generations of students deserve,” said Edward Tabet-Cubero, member of the Transform Education NM Coalition. “Thanks to all the information and guidance that came out of the Yazzie/Martinez trial, the court has given a clear direction for our state’s education system, and the multicultural platform is a critical component to fixing that system and doing right by our students. The time to fix our education system is now.”

Information on other legislation that is part of the Transform Education NM platform can be found here: https://transformeducationnm.org/resources/. These changes will realize New Mexico’s constitutional mandate for a sufficient public education system.

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Transform Education NM is a coalition of educational leaders, families, tribal leaders, and the lawsuit plaintiffs working to transform the state’s education system for our students. To learn more, visit www.transformeducationnm.org.

Legislation related to multicultural and multilingual education framework to be discussed TOMORROW at press event

SANTA FE—Transform Education NM, a broad coalition of teachers, parents, students, district superintendents, bilingual experts, and non-profit organizations, will hold a press event on Wednesday, February 13, at 11 a.m. in room 318 at the New Mexico State Capitol. Speakers, including Representative Tomás E. Salazar, will share details about pieces of legislation that would create a multicultural and multilingual education framework and include significant changes to ensure more bilingual teachers and professional development.

The bills must still be passed in the House Appropriations Committee and receive funding to move forward in the legislature. The committee is currently considering the public school budgets and intends to finalize its budget bill by next week.

The legislation aligns with the Transform Education NM Platform for Action, which was informed directly by the court’s landmark decision in Yazzie/Martinez.

WHAT:
Transform Education NM press event in the Roundhouse on multicultural education framework

WHO:
Representative Tomás E. Salazar
Preston Sanchez, attorney, New Mexico Center on Law and Poverty
Edward Tabet-Cubero, Learning Alliance New Mexico
Rebecca Blum Martinez, UNM professor, bilingual education expert

WHEN:
Wednesday, February 13, 11:00 a.m.

WHERE:
New Mexico State Capitol, Room 318
Santa Fe, NM 87501

And available via Facebook live here: https://www.facebook.com/TransformEdNM/

*Speakers and other coalition members will be available immediately after the press for one-on-one interviews.

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Transform Education NM is a coalition of educational leaders, families, tribal leaders, and the lawsuit plaintiffs working to transform the state’s educationsystem for our students. To learn more, visit www.transformeducationnm.org

Action Alert: Ask your elected leaders to fund a multicultural education framework

Critical decisions are being made at the legislature about the future of public schools for our children. As you know, children learn better when they have an education that is culturally and linguistically relevant to them. Several bills are advancing that would create and ensure a multicultural and multilingual education in New Mexico and the pipeline of teachers needed to support it.

We urgently need your help to call key elected leaders today to ensure these bills are funded or they might not make it past the House committee that will determine the budget. These bills are necessary for our students and would help bring the state into compliance with the Yazzie/Martinez court ruling that found the state has failed to provide a sufficient education to our children.

Please call these key elected leaders listed below TODAY and ask them to support House Bills 111, 120, 159, and 516 for a multicultural education and to ensure they are fully funded in HB 2 (General Appropriation Act).  

  1. Representative Patricia A. Lundstrom, (505) 986-4316
  2. Governor Michelle Lujan Grisham, (505) 476-2200
  3. Lt. Governor Howie Morales, (505) 476-2250
  4. Representative Roberto “Bobby” J. Gonzales, 505) 986-4319

Below are short descriptions of each bill. For more information about the Transform Education NM campaign go to: https://transformeducationnm.org/


HB 111—Cultural and Linguistic Education Support (Reps. Tomás Salazar and Linda Trujillo): Builds the capacity for Regional Education Cooperatives (RECs) to provide professional development for educators on culturally and linguistically responsive instruction. HB111 would provide funding for RECs to contract with local experts to build their capacity to provide professional development in strategies and techniques to most effectively teach culturally and linguistically diverse learners.

HB 120—Bilingual Teacher Preparation Act (Rep. Tomás Salazar): Increases the amount of bilingual and TESOL (teaching English to speakers of other languages)-endorsed teachers in New Mexico by allowing for the Higher Education Department to provide grants for students seeking degrees and/or endorsements in bilingual/multicultural education or TESOL, prioritizing current bilingual educational assistants, bilingual seal recipients, and speakers of indigenous languages.

HB 159—Multicultural Education Framework (Reps. Tomás Salazar and Christine Trujillo): Establishes a multicultural, multilingual framework for public education that aligns the duties and powers of the New Mexico Indian Education Act, Hispanic Education Act, and Bilingual Multicultural Education Act, to address the unique cultural and linguistic needs of New Mexico students.

HB 516—American Indian Educational Outcomes (Reps. Derrick Lente, Christine Trujillo, Linda Trujillo, Roberto “Bobby”Gonzales, and Patricia Lundstrom): Makes appropriations to state institutions of higher education to improve educational outcomes for American Indian public school and higher education students and families.

From teacher salaries to a multicultural education framework, legislation seeks to improve New Mexico’s education system

SANTA FE, NEW MEXICO—Several of the court-mandated remedies to fix the New Mexico education system were discussed at a press event on Monday in the Roundhouse Rotunda, where legislators, students, parents, and lawsuit plaintiffs explained precisely what is necessary to ensure that students’ constitutional right to a quality education is no longer violated.

The remedies include a multicultural education framework, improved bilingual and English language learner programming, universal and quality full-day pre-kindergarten, sufficient access to extended learning opportunities like summer school and after school programming, social services, smaller class sizes, and increased teacher pay and support to recruit and retain high-quality educators.

“These aren’t pie-in-the-sky wishes from concerned parents—we’re working with legislators on bills that represent the minimum fixes needed to meet the court’s order and the rights of our students,” said Victoria Tafoya, Director of the New Mexico Association for Bilingual Education and spokesperson for the Transform Education NM Coalition. “We have a unique opportunity to give all of our students across the state the chance to succeed, and that’s what these pieces of legislation aim to do.”

Proposed legislation for 2019 is based on the Transform Education NM Platform, a comprehensive  blueprint for action to fix New Mexico’s schools. Based on the input of 300+ diverse community stakeholders and two million pages of documentation and expert testimony of educators, economists, and academic researchers as part of the Yazzie/Martinez trial, the platform is the roadmap to successfully transforming the state’s education system.

“Teachers are the heart of education,” said Representative Sheryl Williams Stapleton, Majority Floor Leader of the New Mexico House and sponsor of HB 171, which raises the minimum wage for teachers. “We have among the lowest teacher wages in the country, and one of the highest turnover rates. To be competitive with surrounding states, and to be compliant with the court order, teacher salaries must be increased and must be adjusted yearly for inflation.”

Representative Tomás E. Salazar is sponsoring HB 111, HB 120, and HB 159 to ensure a multicultural, bilingual framework is at the core of the education system. “The bills sponsored by myself and my fellow legislators align to an overall platform that was developed by teachers, superintendents, parents, tribal education experts, and many others. For the first time, we’ve really listened to New Mexicans on what we need to redesign the education system here. We have the knowledge and expertise, and I’m proud to carry these bills.”

Although 76 percent of New Mexico public school students are culturally and linguistically diverse, the court found that the State is violating New Mexico laws that require a multicultural and bilingual framework for New Mexico’s schools. Multiculturalism and bilingualism must be reflected in curriculum, teacher development and in building pathways for teachers.

“As an immigrant, I believe we should be valuing our diversity and seeing it as a strength,” said Michelle Soto, a high school student and member of the New Mexico Dream Team who spoke at the event. “We know that students who are more connected to their culture and community do better in school and we need to strengthen the power of that connection. We can no longer leave some of our students behind.”

Education funding in New Mexico is closely tied to the oil and gas industry, and thereby dependent on the price of oil. While the industry is doing well, and the state legislature is currently operating with a budget surplus, the tax revenue that supports our schools is volatile.

“Big change requires a big investment, and a big investment is what we need to build a world-class education system,” said James Jimenez, Executive Director of New Mexico Voices for Children and former Cabinet Secretary of the Department of Finance and Administration. “Education in New Mexico has been underfunded for decades. We need to ensure that our schools are sufficiently-resourced to comply with the court’s order, and we need to be certain those resources are sustainable. We need to get off the oil and gas boom-to-bust roller coaster. Legislators need to look at our tax system and make sure it is fair for working families and that our revenue system is stable and sustainable.”

Transform Education NM’s platform and factsheets on the coalition’s legislation can be found here:  http://nmpovertylaw.org/our-work/education/

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Transform Education NM is a coalition of educational leaders, families, tribal leaders, and the lawsuit plaintiffs working to transform the state’s education system for our students.

Court order supports call to transform New Mexico’s school system

New court document explains precisely how state is not meeting constitutional requirements for a sufficient education

ALBUQUERQUE—Judge Sarah Singleton’s most recent order in Yazzie/Martinez v. State of New Mexico makes clear that the court expects a major overhaul of the state’s public school system to bring it into compliance with the constitution and other state laws.

The extensive 600-page “findings of fact and conclusions of law” describes in great detail the need for a multicultural education framework, improved bilingual and English language learner programming, universal and quality full-day pre-kindergarten, sufficient access to extended learning opportunities like summer school and after school programming, social services, smaller class sizes, and increased teacher pay and support to recruit and retain high-quality educators.  

“The court’s ruling couldn’t be more clear: the programs and services that work must be made available immediately to all children, not just some children,” said Gail Evans, lead counsel for the Yazzie plaintiffs for the New Mexico Center on Law and Poverty. “The state has failed a generation of children but now has a historic opportunity, and a legal obligation, to rise to the occasion and provide our children the educational opportunities they need to succeed. No more excuses. No more nickel and diming our kids. The time to fix our schools is now.”

The court’s order mandates that the state take immediate steps, by April 15, 2019, to ensure New Mexico’s schools have the resources necessary to prepare students for college and career.

“I just want what every parent wants, for my children to graduate ready to pursue their dreams. Every New Mexican child deserves that,” said Wilhelmina Yazzie, the lead plaintiff in Yazzie v. State of New Mexico. “My son’s school in Gallup doesn’t have enough resources to provide basic materials for all the students, much less offer the culturally relevant programs he needs. Our children are important, and they are just as capable as any other children in the nation. It’s time for New Mexico to truly transform our public education system – small fixes just don’t cut it.”

The judge’s order provides legal backing to the Transform Education NM platform: a blueprint for action, supported by research and evidence at trial, that sets forth the initial necessary steps to bring the state’s education system into compliance with the constitution. The platform was developed by hundreds of educational leaders, families, tribal leaders, and the lawsuit plaintiffs.

“Our recommendations for overhauling our school system don’t just constitute a nice wish-list but are requirements to meet the basic needs of our students,” said Veronica Garcia, superintendent of Santa Fe Public Schools, which is one of the plaintiffs in the Yazzie/Martinez lawsuit. “The law is on the side of students across the state. Policymakers need to pass the education legislation necessary to satisfy the judge’s order. We won’t stop advocating until every child in New Mexico has the educational opportunities they deserve.”

“From students to teachers, from curriculum to funding, from early childhood to graduation, we have the unique opportunity to transform our public education system and do right by our students,” said Adan Delgado, Superintendent of Cuba Independent District, one of the other plaintiffs.

“At-risk and Native American students have been left behind for too long in New Mexico,” said Mike Hyatt, superintendent of Gallup McKinley County Schools, also a plaintiff in the lawsuit. “We look forward to working with legislators and the state to turn around our education system to fulfill its constitutional obligation to meet the needs of all students.”

The judge’s order can be found here: http://nmpovertylaw.org/wp-content/uploads/2019/01/Courts-Findings-of-Fact-and-Conclusions-of-Law-2018-12-20.pdf

The Transform Education NM platform can be found here: http://nmpovertylaw.org/wp-content/uploads/2018/12/Transform-Education-NM-Platform-2018-12-11.pdf

A summary of the platform can be found here: http://nmpovertylaw.org/wp-content/uploads/2018/12/Transform-Education-NM-2-Page-Platform-Summary.pdf

Join us to transform education in New Mexico!

We are in a historic moment that will define the future of education for children in New Mexico. In just a few weeks, the new governor and our legislators will be making important decisions about our schools. Transform Education NM invites you to join our efforts at this critical time.

Our students are strong, not only because of their intelligence and creativity, but also because of their cultures and communities. Our education system should reflect those strengths. But for decades, the state has violated the constitutional rights of students and failed to provide a sufficient education. Students who are Native American, English language learners, low-income, and students with disabilities have suffered the worst educational disparities.

Because of the landmark Yazzie/Martinez court decision this past summer, the state is finally being held accountable for this systemic failure. The court ordered the state to take immediate action to fix our schools.

A PLATFORM FOR ACTION

Together with hundreds of stakeholders, including plaintiffs in the lawsuit, as well as educators, parents, tribal leaders, education experts and community leaders, our coalition has developed a platform for action. Supported by the research and volumes of evidence that led to the court ruling, the platform is a blueprint for transformation for our schools that:

  • Reflects a multicultural and multilingual framework as a foundation for learning.
  • Values our teachers with higher pay and professional development.
  • Provides all children access to pre-kindergarten programs.
  • Ensures access to instructional materials, technology and transportation, and extended learning opportunities like summer school and more classroom time.
  • Expands social services, counseling and healthcare so students come to school ready to learn.
  • Adequately funds the schools to have the resources necessary for our children to learn and succeed, and ensures accountability for the funds.

Click here to find out how you can get involved, endorse the platform, and join the coalition! 

New Mexico is on the verge of big changes—together, we can ensure the success of our children and our state.

Read a summary of the Transform Education NM platform here. Read the full platform here.

Transform Education NM coalition members include:

New Mexico Center on Law and Poverty, College Horizons, Dual Language Education of NM, Keres Children’s Learning Center, AFT New Mexico (American Federation of Teachers), Native American Community Academy (NACA), NACA Inspired School Network (NISN), Learning Alliance NM, NM Dream Team/United We Dream, Southwest Organizing Project (SWOP), National Education Association NM (NEA-NM), New Mexico Association for Bilingual Education (NMABE), Coalition for the Majority, Native American Budget & Policy Institute (NABPI), New Mexico Education Action Alliance, CHI St. Joseph’s Children, NGAGE NM, The Santa Fe Indian School Leadership Institute, NM School Boards Association, The Sun Project, and current and former superintendents of school districts and plaintiff school districts (Cuba Independent School District, Gallup-McKinley County Schools, Lake Arthur Public Schools, Moriarty Edgewood School District, Rio Rancho Public Schools, Santa Fe Public Schools)