HM 26 — DEVELOP EDUCATION PLAN FOR YAZZIE LAWSUIT

HOUSEA MEMORIAL 26REQUESTING 55THTHE LEGISLATUREPUBLIC -EDUCATION STATEDEPARTMENT OFTO NEWMEXICODEVELOP -A FIRSTCOMPREHENSIVE SESSIONEDUCATION 2021PLAN INTRODUCEDTO BYADDRESS DerrickTHE J.CONSOLIDATED YAZZIE/MARTINEZ V.

Lente 6 8 10 A MEMORIAL REQUESTING THE PUBLIC EDUCATION DEPARTMENT TO DEVELOP A COMPREHENSIVE EDUCATION PLAN TO ADDRESS THE CONSOLIDATED YAZZIE/MARTINEZ V.

REQUESTING THE PUBLIC EDUCATION DEPARTMENT TO PROVIDE THE LEGISLATURE WITH AN ANNUAL REPORT ON THE IMPLEMENTATION OF THE COMPREHENSIVE EDUCATION e t 17 PLAN AND COMPLIANCE WITH THE CONSTITUTION OF NEW MEXICO TO w l n d 18 PROVIDE AT-RISK CHILDREN WITH A UNIFORM AND SUFFICIENT = = 19 a l EDUCATION.

i a e r 20 a t m m 21 WHEREAS, all New Mexico children have a constitutional and d r e 22 human right to a quality and sufficient education;

and c e s k 23 WHEREAS, in the consolidated Yazzie/Martinez v.

State of e a n b 24 u [ New Mexico court decision and order of July 2018, the court held that the state was violating the constitutional rights of .220661.2 at-risk students to a sufficient education, one that provides them with an adequate opportunity to prepare for college and careers;

and HM 26 Page 1 WHEREAS, the court directed the executive and legislative branches of government to work cooperatively to accomplish this constitutional mandate;

and WHEREAS, in June 2020, the court rejected the state's 14 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 e t 17 students have the opportunity to be ready for college and w l n d 18 careers, and that the court would retain jurisdiction over the = = 19 case to enforce compliance with its 2018 decision and order and a l i a e r 20 2019 final judgment;

and a t m m 21 WHEREAS, the court's decision and findings detail the d r e 22 deficiencies of New Mexico's educational system, including c e s k 23 insufficient overall funding for school districts and for e a n b 24 programs and services to specifically support at-risk students, u [ the failure to comply with state law requiring multicultural .220661.2 - 2 - and multilingual education for students, the lack of experienced and well-prepared teachers in classes serving at-risk students, the lack of adequate curricula 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 HM 26 Page 2 insufficient resources for health and social services, among other areas;

and WHEREAS, since the 2018 court decision and order, the state has not developed a comprehensive plan to show how it 14 intends to fix the educational system and the multiyear funding needed to guide resource investments;

and WHEREAS, the state should attempt to work cooperatively e t 17 with the plaintiffs to jointly develop a comprehensive w l n d 18 education plan to meet the mandates of the consolidated = = 19 Yazzie/Martinez v.

State of New Mexico court ruling and avoid a l i a e r 20 ongoing litigation by resolving the case;

a t m m 21 NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF d r e 22 REPRESENTATIVES OF THE STATE OF NEW MEXICO that the state, c e s k 23 through the public education department, be requested to e a n b 24 immediately develop a comprehensive education plan, by no later u [ than September 30, 2021, to address the systemic education .220661.2 - 3 - inequities and deficiencies identified by the court in the consolidated Yazzie/Martinez v.

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 HM 26 Page 3 and the projected funding amounts required to meet students' education needs;

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 14 plaintiffs and attempt to resolve the case;

and BE IT FURTHER RESOLVED that this comprehensive education plan build on existing plans and recommendations developed by e t 17 education and tribal community stakeholders and researchers;

w l n d 18 and = = 19 BE IT FURTHER RESOLVED that the public education a l i a e r 20 department be requested to provide the legislature, the a t m m 21 legislative finance committee and the legislative education d r e 22 study committee with an annual report on the state's c e s k 23 implementation of the comprehensive education plan and e a n b 24 compliance with the constitution of New Mexico to provide u [ at-risk students with a uniform and sufficient education;

and .220661.2 - 4 - 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 and the HM 26 Page 4 regents, chancellors and presidents of the state institutions of higher education.

-HM 526 -Page 135 154 e6 t8 1725 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .220661.2