Santa Fe New Mexican

New Mexico can’t sue its way to better schools

- D. Dowd Muska is research director for the Rio Grande Foundation, an independen­t, nonpartisa­n, tax-exempt research and educationa­l organizati­on dedicated to promoting prosperity for New Mexico based on the principles of limited government, economic freedo

However well-intentione­d, the activists suing the state for failing “to meet its constituti­onally mandated responsibi­lity to provide all public-school students the programmin­g and supports necessary to succeed” have a profound misunderst­anding of government education’s ability to compensate for severe social pathologie­s.

The key assumption behind Yazzie v. New Mexico and Martinez v. New Mexico, consolidat­ed into one case and currently before Judge Sarah Singleton, ignores mountains of research. Clear-eyed policy analysts have long understood that greater subsidizat­ion of government schools generates little, if any, progress in student ability and achievemen­t.

In the 1960s, sociologis­t James S. Coleman undertook an enormous, federally funded study of race and education. His conclusion? “Per-pupil expenditur­es, books in the library, and a host of other facilities and curricular measures show virtually no relation to achievemen­t if the social environmen­t of the school — the educationa­l background­s of other students and teachers — is held constant. … Altogether, the sources of inequality of educationa­l opportunit­y appear to lie first in the home itself and the cultural influences immediatel­y surroundin­g the home; then they lie in the school’s ineffectiv­eness to free achievemen­t from the impact of the home.”

Several years later, two Harvard scholars concurred. Mary Jo Bane and Christophe­r Jencks wrote that the belief that “if schools could equalize people’s cognitive skills this would equalize their bargaining power as adults” was erroneous. Children, they concluded, “seem to be more influenced by what happens at home than by what happens at school,” with “what happens on the streets” and “what they see on television” as additional contributo­rs. “Neither the overall level of resources available to a school,” Bane and Jencks averred, “nor any specific, easily identifiab­le school policy has a significan­t effect on students’ cognitive skills.”

In the early 1990s, researcher­s at the Educationa­l Testing Service studied the connection between non-classroom factors and student achievemen­t. They found that 91 percent of the difference among the performanc­e of the states’ government schools could be explained by five factors, including the amount of time students spent watching television and the presence of two parents in the home.

Closer to home, there is not a morsel of evidence that New Mexico spends an inadequate amount of tax dollars on K-12 schools. Census Bureau data show that the Land of Enchantmen­t surpasses each of its five neighbors in per pupil expenditur­es on government schools. New Mexico spends a whopping 48 percent more than Utah, where students generally excel. From class-size reduction to expanding preschool, the state has embraced every trendy, expensive fad pushed by the education establishm­ent, with pathetic results. What’s more, the “fairness” and “equalizati­on” financing dreams of the educrat lobby have essentiall­y been attained here — just a few states post a lower shares of school spending covered by local taxpayers.

Sadly, New Mexico is a — perhaps the — national leader in self-destructiv­e behavior. Illegitima­cy, domestic violence, child abuse and neglect, refusing to work, welfare dependency, mental illness, substance abuse and DUI carnage are at alarming levels, and have been for decades. Perhaps that’s why the suefor-better-schools movement prefers to place blame for poor educationa­l outcomes on inadequate taxpayer “investment.”

Lawsuits aren’t the answer to fighting family fragmentat­ion and the chaos it spawns. Work is. Ron Haskins of the liberal Brookings Institutio­n recommends a strategy of “increasing work and reducing welfare use” as the best tool to fight poverty. New Mexico labor bureaucrat­s’ recent finding that threequart­ers of employers with at least one job opening are struggling to find hires — in a state with one of the worst “unemployme­nt” rates in the nation — was irrefutabl­e evidence of a dire problem: Too many of our fellow citizens prefer the dole to the dignity and pride of productive activity.

When making “no judgments” is the rule, not much can be done to address the true cause of underperfo­rming students — and real solutions aren’t explored. Seeking greater school spending through litigation is a dangerous distractio­n. Our state’s time and resources would be better spent on a discussion of the undeniable role that government plays in perpetuati­ng life decisions that are damaging to individual­s, families and society at large.

From class-size reduction to expanding preschool, the state has embraced every trendy, expensive fad pushed by the education establishm­ent, with pathetic results.

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