NEW LAWSUIT ON EDUCATION QUALITY
Group in Yazzie-Martinez lawsuit seek detailed plan
Plaintiffs say state is still failing to provide sufficient schooling for all kids.
Even after a landmark court ruling, New Mexico is still failing to provide every student with the sufficient education they’re guaranteed under the state Constitution, plaintiffs in a class-action lawsuit say.
One group of plaintiffs in the case — the Yazzie group, named after one of the families involved — asked a judge Wednesday to require the state to develop and pay for a detailed plan that outlines how New Mexico will provide students with a sufficient education.
It’s the first time the plaintiffs are asking the judge to intervene since the court ruling.
Another group — named after the Martinez family who sued — is seeking approval for a 120-day schedule that would allow the parties to request records and conduct depositions to determine whether the state is meeting its legal obligations.
A 1st Judicial District judge ruled last year that New Mexico had violated some students’ constitutional rights by failing to provide a sufficient education.
Both groups in the case raised serious doubts about whether New Mexico has complied with the court order to establish a school funding system that meets constitutional requirements.
“This case focuses on four groups of students: English language learners, students with disabilities, Native American students and students from low-income families. It’s very clear what each of those four groups of students need to succeed in school. And it is very clear that those students’ needs still aren’t being met,” said Gail Evans, lead counsel for Yazzie plaintiffs.
The governor and Legislature had until April 15 this year to craft a funding system meeting constitutional requirements.
“Despite this massive, transformational ruling from the court over a year ago, defendants continue to go without a comprehensive plan — which includes the necessary programs and services, along
with funding requirements, an implementation timeframe and accountability measures — to come into compliance with its constitutional obligation to provide all students with a sufficient education,” the motion filed by the Yazzie plaintiffs said.
With the April 15 deadline past, the Yazzie plaintiffs want the judge to order the state to create a statewide, step-by-step plan within 60 days.
The Yazzie motion asks that the state take action by March 15 to direct resources to at-risk students. The plaintiffs want to see boosted salaries for teachers and more money for at-risk students through the school funding formula, among other requests.
In the document, the Yazzie plaintiffs say that they tried to work with state officials to develop a plan but were shut out.
“Last June, plaintiffs attempted to work with the state to develop such a plan, but after two meetings the state cut off those conversations abruptly without a credible explanation, and told plaintiffs to feel free to go to court for a remedy instead,” the motion said.
Legislators, in turn, have said it wouldn’t be responsible to ramp up funding faster than school districts can spend it effectively.
The Yazzie plaintiffs, nonetheless, argue that the state is still failing students despite increased education spending.
Gov. Michelle Lujan Grisham and the Legislature authorized a 16% funding boost for public schools this year, or an extra $446 million. That bump included doubling the amount of money that flows to school districts to help at-risk students.
But the Yazzie plaintiffs argue most of the money went to educator pay raises.
“Students continue to languish in schools that do not have basic instructional materials, sufficient transportation, technology, programs, and services required to ensure that students who are considered ‘at-risk’ are prepared for college or career,” the motion says.
In their motion, plaintiffs say legislation from the most recent session also didn’t target specific at-risk groups.
It also points to steps taken by the state Public Education
Department so far, saying not enough has been done.
PED told districts that in response to the Yazzie-Martinez ruling it would require districtlevel councils that focus on equity, assess pertinent district policy, require culturally and linguistically focused framework to allocate resources and require districts to have plans to address the needs of at-risk students.
Ryan Stewart, who heads the PED, said Wednesday that the increased funding and other legislation approved this year is already making a difference — reducing teacher vacancies by 13% and expanding programs that extend learning time for students.
Furthermore, he said, this year’s action is just the beginning of a larger plan to improve New Mexico’s schools.
“We recognize the urgency of making sure all students receive the education they deserve,” Stewart said in a written statement.
The Mexican American Legal Defense and Education Fund, on behalf of the Martinez plaintiffs, also filed a motion Wednesday questioning whether New Mexico has complied with court orders to ensure students receive a sufficient education.
Ernest Herrera, an attorney for MALDEF, said the group of plaintiffs he represents is asking the court to establish a 120-day schedule that would allow the parties in the case to investigate whether New Mexico is meeting its obligations.
In particular, he said, the plaintiffs want to see whether the extra funding authorized for public schools this year is actually reaching the students who need it the most.
They also hope to examine whether the state has made effective changes in programs to better serve at-risk students, such as English language learners, children with disabilities and youth from low-income homes.
The plaintiffs have reason to believe New Mexico hasn’t complied with last year’s court order, the MALDEF motion said.
“It’s not clear that some of the new funding is going to reach those at-risk students,” Herrera said in an interview. “We definitely have some concerns about whether they have complied with the court’s order, and we want to find out more.”
Judge Sarah Singleton in Santa Fe issued the initial order in July last year. She died earlier this year, and the case is now assigned to 1st Judicial District Judge Matthew Wilson.