HOUSE MEMORIAL 12
55th legislature - STATE OF NEW MEXICO - second session, 2022
INTRODUCED BY
Derrick J. Lente and Angelica Rubio
A MEMORIAL
REQUESTING THE PUBLIC EDUCATION DEPARTMENT TO DEVELOP A COMPREHENSIVE EDUCATION PLAN TO ADDRESS THE FOUR STUDENT GROUPS DEEMED AT RISK IN 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, persistent systematic and institutional racism in the state's education system and historical lack of education funding have deprived children of educational opportunities and access to quality teachers, classroom instruction, materials, programs, services, transportation and supports essential to become college, career and civic-participation ready; 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, including Native American students, English language learners, students with disabilities and low-income students; 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; and
WHEREAS, the court's decision and findings detail the deficiencies of the state'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 that is culturally and linguistically responsive 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, 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, in the 2021 regular legislative session, the house of representatives unanimously passed House Memorial 26 requesting the public education department to immediately develop a comprehensive education plan by 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 case and to come into compliance with the state's constitutional duty to provide at-risk students with a sufficient education; and
WHEREAS, the public education department failed to provide the legislature with a comprehensive education plan as requested with 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 at-risk students' education needs by the deadline set out in House Memorial 26; and
WHEREAS, the public education department did not attempt to work cooperatively with the plaintiffs to jointly develop a comprehensive education plan to meet the mandates of the Yazzie/Martinez court ruling and avoid ongoing litigation by resolving the case; and
WHEREAS, it has been more than eight years since the initial filing of the consolidated Yazzie/Martinez v. State of New Mexico case against the state and more than three years since the July 2018 decision and order, and the state has not developed a comprehensive plan to fix and make transformative changes and improvements to the educational system and provide multiyear funding needed to guide state resource investments; and
WHEREAS, the state has appropriated at least eight million dollars ($8,000,000) for fighting the consolidated Yazzie/Martinez v. State of New Mexico case that could have been directed to transforming the state's education system, as mandated by the court; and
WHEREAS, Native American students, who comprise nearly eleven percent of the public school student body, continue to be denied a culturally and linguistically relevant education as required by the Indian Education Act; lack access to community-based programs and services contained in the tribal remedy framework proposed by New Mexico's Indian nations, tribes and pueblos to support Native American students' success; and most rarely see themselves reflected in a diverse teacher workforce, given that only two percent of all teachers in the state are Native American; and
WHEREAS, English language learners, who comprise fifteen percent of the public school student body, continue to be denied the full array of services and supports required by the Bilingual Multicultural Education Act and the Hispanic Education Act and lack access to bilingual or teaching-English-to-speakers-of-other-languages-endorsed teachers, thus risking English language learner students spending the majority of the class day without adequate instruction and dependent on other students to translate for them; and
WHEREAS, students with disabilities, who comprise sixteen percent of the public school student body, still do not have timely assessments needed to qualify for special education services or teachers with proper training and professional development to support those students' special education needs, nor are these students provided with the option to enter a workforce of special education professionals in New Mexico, and the state is now resorting to requesting volunteers to assist students and their families to access services and navigate the complex special education system; and
WHEREAS, the seventy-three percent of the public school student body who are students from low-income households continue to lack adequate wraparound supports such as health, mental health and socio-emotional support services, nutritious meals, transportation and high-speed internet and digital devices at home that are necessary for student learning and proven to help students succeed in school and into the future; and
WHEREAS, without a comprehensive plan, the legislature's investments are failing to result in a sufficient education largely because root issues, such as the lack of capacity within the state's education system to adequately recruit, retain and sufficiently prepare the teacher workforce, especially in rural, low-income communities of color, socioeconomic barriers faced by students and the lack of culturally and linguistically responsive education standards, are not being addressed; and
WHEREAS, without a comprehensive education plan, the legislature is unable to provide targeted investments to remedy the consolidated Yazzie/Martinez v. State of New Mexico case and ensure proper multiyear investments to meet the specific needs of Native American students, English language learners, students with disabilities and students from low-income families;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the state, through the public education department, be once again requested to immediately develop a comprehensive education plan, by no later than June 1, 2022, 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 address the specific needs of the four student groups deemed "at-risk", including Native American students, English language learners, students with disabilities and low-income students; 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 the four student groups' education needs; and
BE IT FURTHER RESOLVED that this comprehensive education plan build on existing plans and recommendations developed by education and tribal community stakeholders, experts and researchers that contain the blueprints for building an equitable education system to address the needs and uplift the strengths of the four student groups; and
BE IT FURTHER RESOLVED that the public education department be requested to work with the higher education department to address the statewide teacher shortage crisis and to build a highly qualified, effective and diverse teacher workforce to meet the educational needs of the four student groups; 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 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, the Black education advisory council and the regents, chancellors and presidents of the state institutions of higher education.
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