SANTA FE, N.M. — The state of New Mexico must create a remedial plan to improve K-12 education after falling short of providing an adequate public school education to Native American students and others from low-income households, a judge ruled Tuesday.
The order from state district court Judge Matthew Wilson builds on a landmark 2018 ruling that spurred a multibillion-dollar spending spree on public schools in New Mexico — without yet resolving underlying failures to meet state constitutional obligations to educate an array of at-risk students, including those studying English as a second language and students with disabilities.
“The defendants are ordered to come up with comprehensive remedial plan to address the continuing violation of at-risk students’ constitutional rights,” Wilson said. “A court-ordered plan would provide guidance to the legislature and the executive branches of government, particularly when making difficult budgetary decisions that need to survive political and economic shifts.”
New Mexico historically has been at the bottom of the list when it comes to educational outcomes nationwide. Struggles to address lagging test scores and low graduation rates predated the coronavirus pandemic. Lawmakers have been pouring public resources into efforts to improve attendance, boost access to broadband internet, shore up school staffing and more amid a windfall in state government income from oil and natural gas production.
Filed more than a decade ago on behalf of students and school districts rooted in Native American and Hispanic communities, the litigation known as the Yazzie- Martinez case identified systemic issues within the state’s education system.
In court filings, the administration of Democratic Gov. Michelle Lujan Grisham has acknowledged that there is room for improvement while highlighting a 62% increase in annual K-12 spending by state government since 2016 to $4.2 billion in the 2024, as well as the enactment of “dozens of new at-risk initiatives and legislation.”
Public Education Department spokesperson Janelle Garcia said in a statement that the agency welcomes the ruling and an opportunity “to lead development of a plan providing all New Mexico students an excellent education … that will lead to resolution of the Martinez-Yazzie lawsuit for students, parents, and families.”
The judge rejected a request to put a state legislative agency on education and accountability at the helm of the remediation plan. He called instead for the state Public Education Department to work with the plaintiffs and commission a plan from an outside consultant or expert.
Attorney General Raúl Torrez in 2023 announced his support for the plaintiffs in efforts to make the state comply with its obligations to students.
The remedial plan could take five years to carry out and possibly resolve litigation.
The governor this month vetoed proposed legislation to expand specialized schools dedicated to Native American language and culture by declining to sign the bill without comment.
