SENATE MEMORIAL 26

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Roberto "Bobby" J. Gonzales

A MEMORIAL

REQUESTING THE PUBLIC EDUCATION DEPARTMENT TO DEVELOP A COMPREHENSIVE EDUCATION PLAN TO ADDRESS THE CONSOLIDATED YAZZIE/MARTINEZ V. STATE OF NEW MEXICO COURT DECISION AND ORDER IN CONSULTATION WITH THE PLAINTIFFS; REQUESTING THE PUBLIC EDUCATION DEPARTMENT TO PROVIDE THE LEGISLATURE WITH AN ANNUAL REPORT ON THE IMPLEMENTATION OF THE COMPREHENSIVE EDUCATION PLAN AND COMPLIANCE WITH THE CONSTITUTION OF NEW MEXICO TO PROVIDE AT-RISK CHILDREN WITH A UNIFORM AND SUFFICIENT EDUCATION.

     WHEREAS, all New Mexico children have a constitutional and human right to a quality and sufficient education; and

     WHEREAS, in the consolidated Yazzie/Martinez v. State of New Mexico court decision and order of July 2018, the court held that the state was violating the constitutional rights of at-risk students to a sufficient education, one that provides them with an adequate opportunity to prepare for college and careers; and

     WHEREAS, the court ordered the state to take immediate steps to increase funding, programs and services for New Mexico's educational system and provide adequate support for at-risk students facing the deepest inequities, which include Native American students, English language learners, students with disabilities and students from low-income families; and

     WHEREAS, the court directed the executive and legislative branches of government to work cooperatively to accomplish this constitutional mandate; and

     WHEREAS, in June 2020, the court rejected the state's motion to dismiss the consolidated Yazzie/Martinez v. State of New Mexico case and held that the state must ensure that long-term comprehensive reforms are made so that all at-risk students have the opportunity to be ready for college and careers, and that the court would retain jurisdiction over the case to enforce compliance with its 2018 decision and order and 2019 final judgment; and

     WHEREAS, the court's decision and findings detail the deficiencies of New Mexico's educational system, including insufficient overall funding for school districts and for programs and services to specifically support at-risk students, the failure to comply with state law requiring multicultural and multilingual education for students, the lack of experienced and well-prepared teachers in classes serving at-risk students, the lack of adequate curricula such as extended learning programs, early childhood education and pre-K programs, the need for smaller class sizes and reading programs, the lack of student supports such as technology, transportation and career and vocational programs, inadequate programming for English language learners, insufficient special education programs and ancillary services and insufficient resources for health and social services, among other areas; and

     WHEREAS, since the 2018 court decision and order, the state has not developed a comprehensive plan to show how it intends to fix the educational system and the multiyear funding needed to guide resource investments; and

     WHEREAS, the state should attempt to work cooperatively with the plaintiffs to jointly develop a comprehensive education plan to meet the mandates of the consolidated Yazzie/Martinez v. State of New Mexico court ruling and avoid ongoing litigation by resolving the case;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the state, through the public education department, be requested to immediately develop a comprehensive education plan, by no later than September 30, 2021, to address the systemic education inequities and deficiencies identified by the court in the consolidated Yazzie/Martinez v. State of New Mexico lawsuit and to come into compliance with the state's constitutional duty to provide all students with a sufficient education; and

     BE IT FURTHER RESOLVED that the comprehensive education plan include short- and long-term goals and action steps that address the insufficiencies detailed by the court's decision and findings, time frames, staffing, accountability measures and the projected funding amounts required to meet students' education needs; and

     BE IT FURTHER RESOLVED that the public education department be requested to develop the comprehensive education plan jointly in consultation with the Yazzie and Martinez plaintiffs and attempt to resolve the case; and

     BE IT FURTHER RESOLVED that this comprehensive education plan build on existing plans and recommendations developed by education and tribal community stakeholders and researchers; and

     BE IT FURTHER RESOLVED that the public education department be requested to provide the legislature, the legislative finance committee and the legislative education study committee with an annual report on the state's implementation of the comprehensive education plan and compliance with the constitution of New Mexico to provide at-risk students with a uniform and sufficient education; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the secretary of public education, the secretary of higher education, the secretary of early childhood education and care, the secretary of Indian affairs, the legislative finance committee, the legislative education study committee, the Indian education advisory council, the Hispanic education advisory council, the bilingual multicultural education advisory council and the regents, chancellors and presidents of the state institutions of higher education.

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