The State of New Mexico has requested the dismissal of a two-year-old lawsuit that found the state had failed to provide adequate educational opportunities for all students, according to a report by the Santa Fe New Mexican.
Since the ruling by the late Judge Sarah Singleton in the Yazzie/Martinez lawsuit that said New Mexico had denied the constitutional right to a sufficient education to students with disabilities, Native American students, low-income families, and English language learners, the state has made changes. In response to the ruling, the state has increased funding and revised programs for students who are at risk, the state’s attorneys said.
The motion to dismiss the 2018 ruling was filed in First Judicial Court last month, asking Judge Matthew Wilson to find that the state has complied with the orders in the 2018 decision.
“Every topic addressed by the court’s injunction has been reexamined and improved since the court entered its findings,” the state education department’s motion to dismiss says. “Legislative, budgetary, administrative and programmatic actions have so fundamentally changed the circumstances for at-risk students in New Mexico’s public education system, the court should rule that defendants have substantially complied.”
U.S. News and World Report notes that lawmakers have approved increases of more than $660 million for public education in the past two legislative sessions. The state now spends about 46% of the budget on education, which is up 2.2% since the 2017 trial.
Not everyone believes the case should be dismissed. U.S. News and World Report quoted the Albuquerque Journal, which spoke with Veronica Garcia, superintendent of Santa Fe Public Schools, about this case.
“I think it’s important that this case is not dismissed," said Garcia. "I think it’s a good accountability measure to ensure we keep our eye on the target that we’re still quite far away from.”
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