There are two lawsuits that were filed. The Martinez lawsuit was the first to have standing. The complaint was originally filed on April 1, 2014. It was amended on June 12, 2014. The complaint had 174 allegations. The plaintiffs and complaint were found to have standing in October (filed November) of 2014. At that time, and as a result of the Martinez complaint and the hearings for the motion to dismiss, Judge Singleton also declared public education as a fundamental right in New Mexico, creating a historical shift for children and families in a state that ranked 50th in the nation. The Martinez Complaint can be found here.
Latino Education Task Force
It was just last year that word came from the Court that we had won our lawsuit. Here is a report from KUNM’s Hannah Colton . Judge: New Mexico Provides Inadequate Education to At-Risk Students
Rayos Burciaga, a Martinez v. NM plaintiff addressing Press Conference in picture below.
We Made Homepage of New York Times
How Do You Get Better Schools? Take the State to Court, More Advocates Say –
Thank you to the many friends and colleagues who shared this with me yesterday. This story shows just how we are all in this together. Here is the link to another testimony to the power of community. Our suit was conceptualized and organized by community and here’s a story about how community is taking a stand across the country. When community members learn their rights and take a stand, we all benefit. Some legislators ask if we are wanting to play Robin Hood, meaning they see this as taking from rich to pay for the poor. There is no Robin Hood lurking behind that tree. When it is the public saying “Ya Basta! We expect our state to follow state laws on education and our state constitution,” that is when we will see real change
Link to the story in the New York Times
Alejandro Cruz-Guzman is the lead plaintiff in a lawsuit seeking to force Minnesota to desegregate its schools. The state’s Supreme Court recently allowed the case to move toward trial.CreditTim Gruber for The New York Times
The great news is, we are not alone. Across the country, we stand together in separate suits. New Mexicans started organizing the Martínez education suit officially in 2011. We honor the courageous plaintiffs who came forward to protect their and their children’s rights.
Martínez v. State of New Mexico: The Right to a Sufficient Education
Martínez v. State of New Mexico went to trial on June 12, 2017. On July 20, 2018 Judge Singleton filed her decision. Martínez won on every count. Below are links and an abstract to an article that appeared while the trial was still in progress. The full article was published in the Association of Mexican American Educators Journal and is available through either of the following links. http://amaejournal.utsa.edu/index.php/amae/article/view/334 or http://dx.doi.org/10.24974/amae.11.334
Martínez v. State of New Mexico: The Right to a Sufficient Education
Diane Torres-Velásquez
The University of New Mexico
Abstract
Plaintiffs in the Martínez v. State of New Mexico lawsuit are 51 students, parents, and guardians from seven public school districts across New Mexico. This is a school finance case that goes beyond seeking more funds for public education to arguing that providing a sufficient education for New Mexico’s 338,307 students enrolled during the 2016-2017 school year (New Mexico Public Education Department, 2017) involves more than increasing the amount of money allocated for pupils across its 89 school districts. Although the plaintiffs in this case represent low-income and high-need families of many ethnic backgrounds in New Mexico, students who are English Language Learners, and students with disabilities, the outcome has the potential to affect every student, teacher, and administrator in the state. The trial will begin on June 12th of 2017. When the case was originally filed in 2014, New Mexico’s Public Education Department (NMPED)—the defendants in this case—immediately countered with a motion to dismiss. In October of 2014, as First District Court Chief Judge Sarah Singleton rejected the motion to dismiss, she also used the opportunity to declare public education a fundamental right in New Mexico. Martínez v State of New Mexico (2014a) has the potential to transform not only the definition of equal protection and educational equity under the law, but also to correct the discriminatory and punitive practices of current reform agendas. The author examines the possibilities of law as a form of social resistance using Martínez v. State of New Mexico (2014a)—a legal case on school finance—and the concept of sufficient education as guaranteed by the New Mexico State Constitution.
http://amaejournal.utsa.edu/index.php/amae/article/view/334
http://dx.doi.org/10.24974/amae.11.334
Martinez v. State of NM
July 12, 2017 Witnesses:
- Dr. Felipe Gonzales
- Dr. Stan Rounds
- Possibly Mr. Tom Sullivan (or on Thursday)
ENTERING THE COURTHOUSE
Please note that when you enter the courthouse, you cannot bring in knives of any kind, guns (of course), cigarette lighters, matches, glass, and newspapers of any kind.
Past UPDATES
Scott Gullett and I were taking pictures. One correction from our last message is that this is not a class-action law suit. I’m not sure where that misconception came from, but I wanted to correct it. We heard from the Superintendent of Gallup, Mr. Frank Chiapetti. He described the needs of Gallup-McKinley School District. He was asked by the PED about having been approached by someone from PED because Gallup was the “bottom of the bottom” They didn’t talk to him about the needs of the district. Chiapetti is talking about the leadership program he and his administrators participated in at the University of VA. PED is asking him to describe what was involved in the program. PED saying: It is a program to turnaround schools to provide best practice. Chiapetti saying: It’s a leadership program to teach leadership. Case studies on business. PED is trying to make the case that they supported the development of leadership by sending teams to U of VA.Chiapetti is saying that a couple of his administrators are working on an MBA in education at NMSU and UNM in order to return to produce their own principals using the business model. We’re listening and wondering if our attorneys will ask about the cultural relevance of these programs because one of Chiapetti’s major points was the need for all aspects of education to incorporate student culture and be culturally relevant. Chiapetti is reporting that his district needed this kind of support and that the outcomes have demonstrated the worth of an investment in his district. Chiapetti: It’s below-the-line funding. The problem is that more schools and more districts need this kind of “mindframing” and structural support.
Looking at the budget for the district, Chiapetti stated: Without our federal money, the state would not be giving out SEG at the same levels. If President Trump does away with federal funds, the state won’t have the SEG to give to other districts. Gallup-McKinley receives Title VIII money because district is on federal lands. We are using federal Title monies to be in compliance with state education law, to provide for the unique needs of the Native American child. We have to use federal funds to meet needs of Indian Education Act because state does not provide those funds.
Already, we have witnessed the testimony of such experts as Dr. Christine Sleeter, Governor Joseph Suina, Dr. Rebecca Blum-Martinez, Dr. Veronica Garcia, Senator Mimi Stewart, Mr. Francis Vigil, Supt. Chiapetti and more addressing the needs of our students in this school finance case. We have incredible attorneys both with MALDEF and the NM Center for Law and Poverty. We heard from GovernorRegis Pecos, Dr. Felipe Gonzales and Dr. Sue Cleveland. We will hear from Dr. Stan Rounds, Mr. Tom Sullivan, Ms. Latifah Phillips (PED Indian Ed), and more.
First Judicial Courthouse
Address: 225 Montezuma Ave, Santa Fe, NM 87501
Phone: (505) 455-8250 (courthouse)
BEST DIRECTIONS to free parking garage and courthouse.Take Saint Francis exit
At the Cerrillos intersection turn right
Get into the right lane
At the second light turn right at Paseo de Peralta
Get into the left lane
At the Galisteo light turn left
On the right hand side is the free and large NM State Parking Garage
Across the street is the back of the Courthouse
Diane and Scott.
SOCIAL MEDIA
For more updates this coming week, here are some helpful links.
TWITTER
MALDEF: @MALDEF
New Mexico Center for Law and Poverty: @NMPovertyLaw
NEA New Mexico: @NEANewMexico
Latino Education Task Force: @eliminatethegap
Marisa Bono: @MarisaBono
Diane Torres-Velásquez: @professortorres
Bernice Garcia Baca: @bernice14
FACEBOOK
NM Education Coalition https://www.facebook.com/NMEducationCoalition/
Happy Father’s Day and WEEK ONE: Martinez v. State of NM
Happy Father’s Day to all our fathers and to you, if you are a father. Happy Father’s Day to the memories of our forefathers who did all they could in their lifetime to protect and advance public education in New Mexico. As we celebrate these fathers, I would like to provide a very brief update on the first week of the Martinez and Yazzie v. State of NM cases (Although please note that I am not representing MALDEF, the Center, attorneys, plaintiffs and certainly not defendants. This update is coming from me and I encourage you to attend this historic case to learn more, if you are able.)
The first week of trial was pretty incredible! It started off with a press conference organized by the communications specialists of MALDEF and NM Center for Law and Poverty. The trial began at 9 AM and the courtroom was standing room only. The first witness to testify was none other than our beloved and former NM Secretary of Education Dr. Veronica Garcia (currently superintendent of Santa Fe). Superintendent Garcia testified Monday morning and was asked to return all day Thursday. She did an incredible job of telling what education is for New Mexico’s children, especially now in Santa Fe.
All the superintendents who have plaintiffs in their district (or whose districts are plaintiffs) were asked to testify. I have many more heroes and sheroes after hearing their testimony. Lake Arthur Superintendent Mike Grossman testified on Tuesday “I go to sleep at night praying for cooler summers and warmer winters.” Grossman explained districts can’t keep up with rising utility costs, among many other necessities he described in his testimony.
Espanola Associate Superintendent of Curriculum Mayra Martinez testified on Wednesday and Thursday. Mostly she talked about the historically rich cultural context of Espanola, the unique needs of her district and their attempts to support their teachers and their students, which fall short due to lack of funding. She pointed out their goals to meet all the needs of their students and also the unmet needs of students, especially of their most vulnerable students. When asked about the 61% graduation rate, she responded, “All I can see is the 40% that don’t make it.”
It appeared to me that some people in that courtroom had tears in their eyes from listening to the extreme hardships superintendents were describing in NM. Superintendents all shared examples of the effects of lack of adequate funding in their districts, and of the hardships on teachers and students. They also shared how hard teachers and staff work to provide the best possible education for their students, and how in every case they fall short, as evidenced by the data.
Superintendent Garcia ended her testimony on Thursday after constantly correcting the PED attorneys on major facts and figures. When asked on Thursday afternoon, June 22 2017, why Santa Fe Public Schools joined this law suit, there was silence. She reflected sadly for a moment and then carefully stated the following, only to be interrupted near the end by the PED attorneys so that the court might not fully hear her answer, but we all heard her Powerful message. She said:
- There is a severe lack of funding across the state.
- Districts do not have the revenues to provide the services needed by all students.
- Funding levels are far below what is needed by districts.
- There is mounting pressure from the PED and the federal government to comply with reform initiatives that don’t work.
- MOST IMPORTANTLY, It is a moral imperative about being able to serve our kids. It’s about public education being a civil right.
SOCIAL MEDIA
For more updates this coming week, here are some helpful links.
TWITTER
MALDEF: @MALDEF
New Mexico Center for Law and Poverty: @NMPovertyLaw
NEA New Mexico: @NEANewMexico
Latino Education Task Force: @eliminatethegap
Marisa Bono: @MarisaBono
Diane Torres-Velásquez: @professortorres
Bernice Garcia Baca: @bernice14
FACEBOOK
NM Education Coalition https://www.facebook.com/NMEducationCoalition/
Public Education Café
Join us for coffee to discuss the Martínez v. State of New Mexico law suit.
Date: Wednesday, May 10, 2017
Time: 5 PM
Location: YDI Wool Warehouse, 518 First St. N.W.. (First and Roma), Albuquerque, NM 87102 (There is construction on First Street between Lomas & Roma. We suggest taking 2nd street to Roma and then heading East to 1st street.)
RSVP (not required): Dolores at 505-900-2681 (Dolores will also provide directions, if needed.)
Agenda
- Introductions and Announcements
- Affinity Exercise – Your Dream for Education In New Mexico
- Martínez v. State of New Mexico Law Suit
- Updates, Upcoming Rally and Other Events
Martínez v. State of New Mexico
Anyone living in New Mexico knows we consistently come in last when it comes to our children’s welfare and public education. Our educational system is in decay. Public education in New Mexico has suffered decades of budget cuts, top down reform and high-stakes testing that don’t take into consideration our children, our teachers, research, or our state’s constitutional requirement for a “sufficient education.”
The Law Suit
In 2014, 51 parents and children from seven New Mexico communities* filed a suit against the New Mexico Public Education Department for its failure to ensure access to a “sufficient education” as guaranteed by the New Mexico State Constitution. Martínez v. State of New Mexico has been called the most comprehensive education lawsuit in the nation.
Right away, the lawsuit garnered a win. Judge Sarah Singleton proclaimed that public education is a “fundamental right,” in New Mexico. This is a groundbreaking legal ruling for our state and a cornerstone to reclaim New Mexico’s public education for our children.
This Lawsuit is About…
- Giving New Mexico’s students equal access to the opportunities they need in the classroom to meet their full potential, closing the achievement gaps and ensuring educational opportunities for all students.
- Holding the State accountable to the New Mexico Constitution.
- Ensuring appropriate monitoring and supervision of schools that is not arbitrary, but is rational and supports a sufficient education.
- Ensuring additional funds are targeted to meet the special needs of high-needs students.
- Ruling on the constitutional claims at stake and ordering a remedy to address the systemic deficiencies.
This is a Springboard to a Movement
This lawsuit will affect the education of every student and teacher and every household in New Mexico. It is a culmination of decades of ongoing efforts and a resurgence of hope. We would like to see this lawsuit become a catalyst and a springboard to organizing a movement toward providing our students with a sufficient education. This movement should be important to you, if you are interested in:
- Respect for Public Education
- Teachers treated with Integrity
- Guaranteed Funding that is Adequate for all public schools
- High-Quality PreK
- Family Engagement
- Multilingual/Multicultural Education and Ethnic Studies
- Perfect Equality, as per our state constitution
- A broad educational spectrum that grounds our children in their worth and wills them to greater heights.
Public Education Café
Join us for coffee to discuss the Martinez v. State of New Mexico law suit.
Date: Wednesday, May 3, 2017
Time: 5 PM
Location: YDI Wool Warehouse, 518 First St. N.W.. Albuquerque, NM 87102
RSVP (not required): Dolores at 505-900-2681 (Dolores will also provide directions, if needed.)
Agenda
- Introductions and Announcements
- Affinity Exercise – Your Dream for Education In New Mexico
- Organizing a Public Information Campaign
New Mexico and the Right to A Sufficient Education
Montez, Education and the Spanish Speaking
In New Mexico, we are blessed to have inherited a Constitution that protects bilingual education, that promises a Sufficient Education for ALL students, and that promises Perfect Equality. This article by Rey Montez published in 1973 incorporates interviews with Lt. Governor Roberto Mondragon and Attorney General David Norvell. The history of our state and of our Constitution are historically analyzed in the process of explaining the provisions of Article XII (on public education) section 8. In particular. Martinez v. State of New Mexico was based on the rights afforded by our New Mexico State Constitution. Our forefathers were visionaries who went to great lengths to protect our heritage. In working with parents, community and our attorneys from the Mexican American Legal Defense and Educational Fund (MALDEF), we provided this article because it is the basis of our law suit. We are demanding a Sufficient Education for our students (beyond money) and Perfect Equality (in terms of a curriculum that we know draws on our students’ strengths and the gifts of their culture and language.)
Latino Education Task Force 