N.M. lawsuit puts state education system on trial
SANTA FE, N.M. (AP) — A lawsuit that could upend the way New Mexico’s public schools are funded went to trial Monday to resolve accusations that the state is failing to meet constitutional obligations to provide essential educational opportunities to all students.
Parents, school districts and advocacy groups say that New Mexico’s education system isn’t meeting its responsibilities for Native American students, low-income students and those learning English as a second language.
“These failings are costing students the opportunity to succeed,” said Marisa Bono, a lead attorney for the plaintiffs, in opening statements to the court. “The state is pumping hundreds of thousands of students into the state economy who are wholly unprepared for college or career.”
Education officials under Republican Gov. Susana Martinez say spending is more than adequate, and that the state has added specialized programs to help struggling students while holding teachers and school leaders more accountable for students’ academic progress.
In opening statements Monday, an attorney for the state said high levels of poverty across New Mexico have a major impact on the results of student testing — something that won’t be addressed by funneling more money toward public schools.
“The evidence will show that additional spending will have virtually no effect on student test scores,” attorney Jeff Wechsler said. “The defendants cannot show that spending more will impact them in any meaningful way.”
Courts in several states are being called upon to shore up funding for public schools, amid frustration with elected officials over state budget priorities and the quality of education.
The plaintiffs called on Santa Fe Public Schools Superintendent Veronica Garcia — a former state public education secretary — to testify about what she described as shockingly low levels of proficiency in math and reading among graduating students.
Garcia noted that many schools are not included in new programs that intercede at an early age by expanding pre-school to 4-year-olds and lengthening the school day and school year through third grade. She faulted the overall level of state funding for public schools, as well as limited funds for programs tailored toward the students from low-income households where English is not the primary language.
The New Mexico case merges two lawsuits brought against the state on behalf of parents of public school students, from metropolitan Albuquerque to rural Zuni Pueblo, with seven school districts also joining the lawsuit. They were being represented by attorneys with the New Mexico Center on Law and Poverty and the Mexican American Legal Defense and Educational Fund.
The plaintiffs argue that New Mexico does not equitably provide enough funding or enrichment opportunities to all students, despite constitutional guarantees to a free, uniform and sufficient public school system for all school-age children.