29-04-2025
Judge sides with plaintiffs in Yazzie/Martinez NM education equity case
Wilhelmina Yazzie and Polk Middle School teacher Travis McKenzie embrace Tuesday April 29, 2025, celebrating a district court judge's order siding with plaintiffs' request the state create a plan for achieving better outcomes for Native American, disabled, low-income and English-learning students. (Danielle Prokop / Source NM)
A New Mexico district court judge on Tuesday found that the Public Education Department has not complied with previous orders in the Yazzie/Martinez education equity case and ordered the state to begin the process for creating a plan to rectify the situation.
Parties in the more than 10-year-old Yazzie/Martinez case returned to court after plaintiffs filed a motion of non-compliance in September 2024, pointing to continued poor student outcomes, high turnover within the PED and high teacher vacancy rates.
First Judicial District Court Judge Matthew Wilson concurred and said the state needs a plan to ensure progress is made and tracked.
'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,' Wilson said during the hearing.
Plaintiffs' legal counsel had proposed appointing the Legislative Education Study Committee to lead the development of the plan because the department has permanent staff and access to educational research. However, Wilson said because the LESC is not party to the case, he does not have the authority to direct them to create a plan. Instead, PED is tasked with developing a plan and LESC can provide input.
Wilson gave the PED until July 1 to identify an 'outside expert and consultant to assist' in developing the plan and to file a status report with the court. The state then has until Oct. 1 to develop a draft report and file another status report with the state, 'taking into consideration all of the components and elements raised by the plaintiffs in their briefing.' Wilson said the final plan must be completed by Nov. 3 and filed for the court's review.
The plaintiffs outlined a proposed plan with nine goals to address the needs of Native American students, low income students, English language learners and students with disabilities.
A PED spokesperson told Source NM that the department welcomes Wilson's decision. According to court documents, the PED did not object to creating a plan, but objected to the LESC taking the lead in the process.
'Improving student outcomes is central to our mission and this plan will support lasting improvements to our educational system,' the PED told Source in a written statement. The department also said the state has 'substantially increased funding' and the department has made 'significant steps' to improve student outcomes and teacher recruitment.
Melissa Candelaria, education director for the NM Center on Law and Poverty, which represents the plaintiffs, said plaintiffs still see the court's decision as a 'victory' because LESC will still be involved. She said the plaintiffs will be involved as well, because Wilson ordered that stakeholders be consulted.
She said the plaintiffs will need continued support 'as we go forward in holding the state accountable in implementmenting the plan and ensuring that the voices are at the table in the development of the plan, as the court said just a little while ago,' Candelaria said during a news conference following the court's decision.
Wilhelmina Yazzie (Diné), one of the original plaintiffs, was emotional following the court's decision.
'I think it's about time, and I really am staying positive. As I mentioned, my boys were young when we started this, now they're young adults,' Yazzie told Source NM.
Danielle Prokop contributed to the reporting of this story.
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