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The parties in the long-running Yazzie-Martinez lawsuit over educational equity in New Mexico will meet in court next week to discuss a motion alleging the state has not complied with previous court orders, along with the plaintiffs’ request for a “remedial plan.”
The case, originally filed in 2014, led to a finding in 2018 by the late First Judicial District Court Judge Sarah Singleton, who found that the state was not providing equitable educational opportunities to Native students, English language learners, low-income students and students with disabilities. She ordered the state to take steps to address the needs of these at-risk students and ensure schools have the resources to provide them with the education they deserve.
Attorneys representing Louise Martinez and Wilhelmina Yazzie filed a joint motion of non-compliance in September 2024, arguing that the state has not made significant progress in addressing the needs of at-risk students. Specifically, in their motion, plaintiffs point to ongoing poor student performance; high turnover within the New Mexico Public Education Department; high teacher vacancy rates; and a lack of targeted funding for at-risk students.
Since Singleton’s decision, the state has increased funding for public education, but students are still being overlooked, Melissa Candelaria, education director for the NM Center on Law and Poverty, which represents the plaintiffs, told Source NM.
The motion hearing is scheduled for 9 a.m. Tuesday, April 29.
“We believe the court’s ruling should have been a wakeup call,” Candelaria said. “Our students can’t afford more bureaucratic churn and empty promises from PED. And we believe, the plaintiffs believe, the court must step in to enforce a real community-driven plan that reflects the urgency and the gravity to improve the overall state education system.”
Candelaria noted that the joint motion was not opposed by New Mexico Attorney General Raúl Torrez, who represents the state in the case. Court documents state that Torrez “agrees” that there has been “insufficient compliance.” However, private counsel for the PED did oppose the motion, particularly the plaintiff’s proposed remedial plan.
PED had not responded to a request from Source NM for comment prior to publication.
That plan, as detailed in court documents, includes nine components or goals, including: establishing a multicultural and multilingual educational framework; building an education workforce; increasing access to technology; developing methods of accountability; and strengthening the capacity of the PED.
“There’s no longer a debate that a statewide education plan is necessary. Now, the decision is who leads that development,” Candelaria said.
Candelaria also told Source the plaintiffs propose the Legislative Education Study Committee take the lead in developing the remedial plan because the department’s staff have knowledge and expertise in the area of education and have access to data. The department also has a director and permanent staff, as opposed to the PED, which has had multiple cabinet secretaries lead the department in the nearly seven years since Singleton’s decision, she noted.
“Without a plan, the efforts by the Legislature will still be piecemeal and scattershot and it’s not going to result in what we want to see in a transformed education system that’s equitable and that builds on the strengths and provides for the needs of the four student groups in the case,” Candelaria said.
The PED opposes the motion on this point, according to court documents, and argues the education department should take the lead in developing the plan. The department also says more time is needed to create and then implement the plan. Plaintiffs suggest that the five-year plan should be developed within six months of this month’s hearing.
Wilhelmina Yazzie, one of the original plaintiffs, told Source she feels “very optimistic” ahead of the motion hearing and that she hopes the judge agrees a plan is necessary. She added that the inequities in public education were emphasized during the COVID-19 pandemic.
“Especially our tribal communities who are really deeply impacted by that, and they still continue to suffer to the present time right now and just by the state not taking the action that we need them to take,” Yazzie said.
Yazzie’s son, Xavier Nez, 22, was in third grade when the lawsuit started. He is now in his third year studying at the University of New Mexico. Candelaria pointed out that since the 2018 court decision, multiple classes of students have made their way through the state’s educational system and failed to receive a comprehensive education. Yazzie’s youngest child, Kimimila Black Moon, is currently in third grade but attends private school.
“She’s not in the public school because I still haven’t seen changes,” she said.
Yazzie told Source that another goal of hers is to get out into communities throughout the state and speak with families because many parents are still unaware of the lawsuit and “they’re the ones that firsthand know what their children need, what they’re lacking, how they’re doing in school.”
Source New Mexico is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Source New Mexico maintains editorial independence. Contact Editor Julia Goldberg for questions: [email protected].
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