Inadequate and fragmented solutions have worsened the crisis for NM students and persisted in violating their Constitutional rights
Santa Fe, NM – New Mexico’s at-risk students are still not receiving a constitutionally sufficient education and the state has failed to develop a remedy plan, charged the Yazzie/Martinez Plaintiffs in a scathing motion filed with the First Judicial District Court today. The joint Yazzie/Martinez motion urges the court to order the state to launch a collaborative process, led by the Legislative Education Study Committee (LESC), to develop a comprehensive action plan to address the systemic failures outlined in the 2018 court ruling and findings of fact. The motion was filed unopposed by the state, represented by the New Mexico Attorney General, and asks that the plan be developed with the input of the plaintiffs, educational leaders and experts, state and tribal government officials, the Public Education Department (PED), and advocates. It also asks that the comprehensive plan include specific timelines, measurements, and accountability mechanisms.
The Yazzie/Martinez v. State of New Mexico lawsuit, a landmark case addressing educational inequities in New Mexico, highlighted significant shortcomings in the state’s provision of education impacting Native American students, English language learners, students with disabilities, and low-income students, deemed “at-risk” by the court.
The recent motion addresses several critical areas:
- Development of a Comprehensive, Strategic Plan: The motion calls for the creation of a plan led by the LESC, which must include specific measurements and accountability mechanisms to monitor progress and ensure compliance with the court’s orders.
- Improvement of Student Outcomes: Targeted interventions in order to address the full spectrum of at-risk student needs and that enhance their educational outcomes and opportunities.
- Targeted and Sustained Funding: Ensure funds are directed appropriately to reach the four student groups and are maintained to support them long term.
- Addressing the PED’s Capacity Issues: Strengthen the capacity of the PED to effectively implement and oversee educational reforms.
In May 2022, the PED issued a discussion draft plan that purported to respond to the court ruling and received substantial responses from plaintiffs, advocates, education experts, and community members who raised serious concerns that it did not address critical elements needed to achieve compliance. These concerns included the lack of clear goals aligned with the court order and findings, lack of short and long term action steps, no clear targeted funding, no clear timelines, and no identified responsible parties. The PED promised an updated draft by September 30, 2022 but it was never produced.
The PED’s failure to develop and implement a comprehensive remedial plan has had catastrophic consequences for the four student groups at the center of the case. By every measure, student outcomes and proficiency in reading, math and science today are as bad or worse than they were in 2017 at the trial in this case. From the continued shortage of teachers and instructional support providers, to the lack of culturally relevant curricula and instructional materials and bilingual programs, to insufficient extended learning opportunities, and more, at-risk students are still being denied a sufficient education and educational opportunities to which they are entitled. The plaintiffs’ 100-plus page motion delineates only a fraction of the state’s non-compliance with the court’s orders.
Because of the continued rampant failures by the PED, Native American, English language-learners, students from low-income households, and students with disabilities still disproportionately lack the resources, curriculum, and social supports they need to get the education they deserve, while solutions proposed in both the Tribal Remedy Framework and the Platform for Transformation have yet to be adopted.
Plaintiffs and advocates are calling for immediate reforms:
Melissa Candelaria, Education Director of the New Mexico Center on Law and Poverty and attorney for the Yazzie plaintiffs, emphasized the urgency of the motion: “All we want for our children is to have the best education and to be successful in life. The court’s ruling was clear, however the state’s lackadaisical response in the last six years is disappointing. Our motion rectifies this by demanding a concrete, remedial plan that would put the state on the right path to providing Native American students, English learners, students with disabilities, and economically disadvantaged children the education, resources, and opportunities they have been denied for too long. It’s beyond time for the state to step up and meet its obligations.”
Wilhelmina Yazzie, a lead plaintiff in the case, stated: “We know our students can do great things, and they are capable of far more than what our state believes, most of all they are valuable no matter what. But our children have been waiting a long time for the state to fulfill its promise of an equitable quality education. This motion is about making sure that the state takes real, measurable actions to improve education for all students, especially those who have been most neglected. We are committed to seeing this through to ensure all of our kids in New Mexico have the opportunity they deserve.”
Alisa Diehl, NMCLP attorney for the Yazzie plaintiffs, added: “The students at the heart of the case deserve a high-quality education that prepares them for college or career, but the education system today is still failing in all areas the court ordered the state to immediately address six years ago. By filing this motion, we are demanding that the state develop a comprehensive plan, in collaboration with the legislative and executive branches of government and local education experts and advocates, to fulfill this fundamental right and ensure every student in our state receives the high-quality education they deserve. This is about more than correcting past inequities; it’s about investing in our children’s future and fostering an environment where every student can reach their full potential.”
Marsha Leno, another family plaintiff, stated: “Our children remain our greatest hope. They must be able to not only survive, but thrive in a public education system that our ancestors did not build or create. The need for an actionable and accountable plan, including targeted funding for the development and implementation of a culturally and linguistically relevant curriculum cannot be overstated. Our Native students must see their history, culture, and Native languages valued and reflected throughout the K-12 system or else they will continue to struggle with the personal and social-emotional trauma of feeling “non-existent” in our public schools.”
Preston Sanchez, ACLU New Mexico attorney for the Yazzie plaintiffs, said: “Today, we filed a pivotal motion asking the Court to enforce its previous ruling by ordering the State of New Mexico to develop a comprehensive plan to remedy the long-standing deficiencies in our education system. This motion is a crucial step for ensuring that the State meets its constitutional obligations to all students by preparing them with the skills needed to succeed after high school. We are committed to holding the State accountable and ensuring that every child in New Mexico receives the quality education they rightfully deserve.”
James Martinez, a Yazzie family plaintiff, shared: “This motion is a crucial step to ensure that the state’s commitment to education is more than just words. We need a plan to fix our education system. We need our State to develop it. Our children deserve more than promises—they deserve action that will lead to real, positive change.”
Acoma Governor Randall Vicente says: “The state has an obligation to take corrective measures and ensure Native children have every educational opportunity to achieve their full potential, including the ability to continue to participate fully in their family and community life. We support this latest legal action which requires the state to create a plan where the dignity, knowledge and values of Native communities are clear, visible cornerstones in the education of our children. We need to see results; we need to see outcomes; we need to see the achievement gap for Native children closing until the gap is gone.”
Loretta Trujillo, Executive Director of Transform Education NM, added: “We know that students, families, and educators deserve more than what has been done so far to address the court’s ruling six years ago. This motion is an opportunity for the state to fulfill its obligation to develop a plan for transforming our education system while bringing the expertise of community voices to the collective table to braid both policy and values in a way that will lead to significant impact in how dollars are spent in public education. The Court is being asked to once again stand up for the students named in the lawsuit and ensure we do what is right, that we honor the acts and policies already in statute, and transform our school system to best serve all communities in New Mexico.”
Laurel Nisbett, senior attorney at Disability Rights NM, says: “Over six years after the court’s ruling in the Yazzie and Martinez consolidated cases, students with disabilities in New Mexico continue to suffer dismal educational outcomes–during school, after graduation, and as a result of disciplinary and other school removal related to their disabilities. This motion requesting a remedial action plan would require the state to fulfill the promise of the Individuals with Disabilities Education Act, with the delivery of special education driven by actual student need rather than limited capacity of school districts.”
Regis Pecos, chair of the Tribal Education Alliance, former Governor of Cochiti Pueblo, and Co-Director of the Leadership Institute at Santa Fe Indian School, adds: “The education crisis is generational and systemic. Our collective failures are manifesting into a frightening and threatening deterioration in our cherished quality of life by all measurements. There is no simple fix. It requires a long term commitment to overhaul the system to meet the needs of children with unique linguistic and cultural needs and for children in a largely rural ranching and agricultural state. The immense failure of leadership reflected in the high turnover in the department vested with the responsibility to lead us out of this crisis is not just troubling, it is a failure and a dereliction of duty. It is unjust and not just a violation of our children’s fundamental constitutional right, it has become a fundamental violation of their human right. The cost of our collective failure and what future generations will inherit from us is unconscionable. This should be a wake up call.”
If granted, the LESC staff will be required to submit a new draft plan to the Plaintiffs by May 1, 2025.
The full motion can be found here: https://www.nmpovertylaw.org/nmclp_resources/%e2%9a%96%ef%b8%8f-yazzie-martinez-joint-non-compliance-motion-request-for-remedial-action-plan/
For media inquiries contact Paloma Mexika at paloma@nmpovertylaw.org or 505-305-2559.