Judge gives Yazzie/Martinez plaintiffs more time to respond to state’s plan

by Bella Davis, New Mexico In Depth

This story was originally published at New Mexico In Depth, a NMPBS partner.

A state judge on Monday gave Yazzie/Martinez plaintiffs extra time to file objections to a court-ordered Public Education Department plan to better serve public school students.

The plaintiffs in the long-running education equity lawsuit had until Monday to respond to the plan, delivered by PED about a month ago. But they argued in a motion filed last week they needed more time to finish reviewing it with experts and then draft their objections. PED Secretary Mariana Padilla told lawmakers two weeks ago the plan has “changed drastically” from an earlier draft.

Based on the plaintiffs’ ongoing review, the plan is “thoroughly inadequate” and violates previous court orders, the motion reads, and they intend to file “substantial” objections.

The plaintiffs requested a Jan. 30 deadline. PED asked that it instead be pushed to Feb. 19 — the last day of the legislative session — which State District Court Judge Matthew Wilson granted. The department will have 30 days after that to respond, then the plaintiffs will have another 30 days to reply.

This spring, Wilson agreed with the plaintiffs that PED hadn’t complied with a 2018 court ruling that found New Mexico had violated its constitutional duty to provide a sufficient education to all children, particularly Native American and low-income students, English language learners and students with disabilities.

Wilson ordered PED to craft a comprehensive remedial action plan.

After public meetings and a statewide survey, the department delivered a 70-page draft in October. Indigenous education experts said it had major gaps, including limited concrete goals and funding estimates.

PED’s final version, submitted in early November, more than doubled, to 190 pages. According to a department press release, it adds “clearer outcomes and accountability measures,” among other improvements.

But advocates, educators and the plaintiffs say the revised plan is still short on details and wouldn’t adequately overhaul the public education system.

“We are deeply, deeply disappointed with this document,” Alisa Diehl, a member of the Yazzie legal team, said during a community event in Bernalillo last month. “We are at a critical crossroads … where the state has been given ample opportunity to do what it needs to do.”

This story was originally published at New Mexico In Depth, a NMPBS partner.