{"id":606675,"date":"2018-07-24T15:25:41","date_gmt":"2018-07-24T21:25:41","guid":{"rendered":"http:\/\/nmpolitics.net\/index\/?p=606675"},"modified":"2018-07-25T08:32:18","modified_gmt":"2018-07-25T14:32:18","slug":"court-ruling-in-battle-over-education-funding-will-influence-election-legislative-session","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2018\/07\/court-ruling-in-battle-over-education-funding-will-influence-election-legislative-session\/","title":{"rendered":"Court ruling in battle over education funding will influence election, legislative session"},"content":{"rendered":"<div id=\"attachment_56542\"  class=\"wp-caption module image alignnone\" style=\"max-width: 771px;\"><img loading=\"lazy\" decoding=\"async\" class=\"size-large wp-image-56542\" src=\"http:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/06\/Kids-at-Roundhouse-771x504.jpg\" alt=\"A statue outside the Roundhouse in Santa Fe.\" width=\"771\" height=\"504\" srcset=\"https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/06\/Kids-at-Roundhouse-771x504.jpg 771w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/06\/Kids-at-Roundhouse-336x220.jpg 336w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/06\/Kids-at-Roundhouse-768x502.jpg 768w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/06\/Kids-at-Roundhouse-1170x764.jpg 1170w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/06\/Kids-at-Roundhouse.jpg 1500w\" sizes=\"auto, (max-width: 771px) 100vw, 771px\" \/><p class=\"wp-media-credit\">Heath Haussamen \/ NMPolitics.net<\/p><p class=\"wp-caption-text\">A statue outside the Roundhouse in Santa Fe.<\/p><\/div>\n<p>A jovial crowd shaded by large trees and within sight of an Albuquerque public school gathered Monday to celebrate a court ruling that many were hailing as vindication of what they had been saying for years.<\/p>\n<p>State District Judge Sarah Singleton\u00a0<a href=\"https:\/\/www.documentcloud.org\/documents\/4614921-Order-DECISON-2018-07-20.html\" target=\"_blank\" rel=\"noopener\">ruled<\/a>\u00a0New Mexico guilty on Friday of shirking its constitutional duty to adequately educate at-risk students.<\/p>\n<p>The ruling, which represented a sound defeat for Republican Gov. Susana Martinez and her Public Education Department, is not the last word. The agency said late Monday it will appeal.<\/p>\n<p>\u201cUnfortunately, the judge missed the boat with this ruling,\u201d Public\u00a0Education Secretary Christopher Ruszkowski said, adding that the state has invested in programs that \u201chave been proven to improve student success.\u201d<\/p>\n<p>But the possibility of an appeal earlier in the day wasn\u2019t about to puncture Monday\u2019s celebratory mood.<\/p>\n<aside class=\"module align-left half type-aside\">\n<h3>About this article<\/h3>\n<p>This article comes from\u00a0<a href=\"http:\/\/nmindepth.com\/2018\/07\/23\/historic-court-victory-facing-possible-appeal-still-will-influence-election-and-2019-legislative-session\/\" target=\"_blank\" rel=\"noopener noreferrer\">New Mexico In Depth<\/a>. Sign up for\u00a0<a href=\"http:\/\/nmindepth.us6.list-manage.com\/subscribe?u=1d2ab093d81b992e50978b363&amp;id=9294743d38\" target=\"_blank\" rel=\"noopener noreferrer\">their newsletter<\/a>.<\/p>\n<\/aside>\n<p>\u201cWe won,\u201d Maria Archuleta of the New Mexico Center on Law and Poverty said into the microphone before she introduced the first of eight speakers.<\/p>\n<p>They lauded the hard-won victory seven long years after the initial filing of the lawsuit and an anxious 11-and-a-half month wait following\u00a0<a href=\"http:\/\/nmindepth.com\/2017\/08\/04\/does-poorly-educating-students-violate-the-constitution-a-judge-will-decide\/\" target=\"_blank\" rel=\"noopener\">last year\u2019s eight-week trial<\/a>. Many spoke in historic, even poetic language.<\/p>\n<p>\u201cFor Native American children and for the sovereign nations of New Mexico, this is historic. This is monumental. This is a landmark decision,\u201d said Regis Pecos, co-director of the Leadership Institute and one of the founders of The Native American Budget and Policy Institute.<\/p>\n<p>No other legal case has so effectively articulated the quality education Indian children deserve, he said.<\/p>\n<p>Diane Torres-Vel\u00e1squez,\u00a0associate professor at the University of New Mexico and president of the Latino Education Task Force, name-checked\u00a0George I. Sanchez, a New Mexican who went on to a life of prominence in education circles and the Mexican American-Chicano movements of postwar America.<\/p>\n<p>In one of his books, \u201cThe Forgotten People,\u201d Sanchez had written about Native Americans and Spanish-speaking people of New Mexico,\u00a0Torres-Vel\u00e1squez said.<\/p>\n<p>\u201cWe are very grateful that the judge no longer sees us as forgotten people,\u201d\u00a0Torres-Vel\u00e1squez said.<\/p>\n<p>Veronica Garcia was happy, too. But the Santa Fe Schools Superintendent and former PED Secretary under Democratic Gov. Bill Richardson was also reflective, evoking the bittersweetness of an otherwise happy day.<!--more--><\/p>\n<p>\u201cI feel a sadness for the generations lost,\u201d Garcia said.<\/p>\n<p>In her ruling, Singleton sided with MALDEF and Center on Law and Poverty lawyers in example after example of insufficiencies and inequities that fall disproportionately on Native Americans and English language learners, students with disabilities, and low-income students.<\/p>\n<p>From not enough textbooks in high-need schools to the state not following already-established laws to provide culturally appropriate curriculum for Native American students to a glaring shortage of high-quality teachers in high-poverty schools \u2014 as well as lackadaisical tracking by the state of the number of students enrolled in programs focused on at-risk students \u2014 Singleton found ample evidence of the state not meeting constitutional duties.<\/p>\n<p>\u201cThe school children who are now caught in an inadequate system and who will remain\u00a0there if an injunction is not entered will be irreparably harmed if better programs\u00a0are not instituted,\u201d Singleton wrote. \u201cNeither these children nor the Court can rely on the good will of the Defendants to comply with their duty.\u201d<\/p>\n<p>Hesitant to risk a separation-of-powers court challenge, however, Singleton set an April 2019 deadline for the parties to develop a plan to remedy the situation.<\/p>\n<p>A Martinez administration challenge of Singleton\u2019s ruling would put on hold possible action, but the ruling\u2019s influence will reverberate beyond the confines of constitutional law. In an election year in which New Mexicans will select a new governor, expect debates between Democrat Michelle Lujan Grisham and Republican Steve Pearce on how best to address the gaps and inequities cited in Singleton\u2019s ruling.<\/p>\n<p>State lawmakers also predicted Monday that Singleton\u2019s ruling will push an already high-profile issue \u2014 how to fund early and K-12 education \u2014 to greater prominence during the 2019 legislative session, which begins in January.<\/p>\n<p>State Rep. Patricia Lundstrom, who is chairwoman of the powerful House budget committee, said it was time to sit down and work on a plan. \u201cLet\u2019s try to get things moving,\u201d she said.<\/p>\n<h3>Looking into the future<\/h3>\n<p>What comes next for the plaintiffs might be drawn from the experience of Washington state, which\u00a0<a href=\"http:\/\/mynorthwest.com\/1012718\/washington-fully-funds-education-mccleary\/\" target=\"_blank\" rel=\"noopener\">just last month<\/a>\u00a0fulfilled its obligation to properly fund education after a similar lawsuit, <em>McCleary vs. State<\/em>.<\/p>\n<p>Tom Ahearne, an attorney in the McCleary case, had this to say about the process: \u201cIt\u2019s going to be a long road.\u201d<\/p>\n<p>The\u00a0<a href=\"https:\/\/waschoolexcellence.org\/the-mccleary-case\/\" target=\"_blank\" rel=\"noopener\">McCleary lawsuit<\/a>\u00a0was filed in 2007. A trial court ruled in 2010 that the state was not meeting its constitutional obligation to all students and after appeal, the Washington Supreme Court in 2012 said the state needed to fix the system by Sept. 1, 2018. What followed was even more foot-dragging by legislators, with the court imposing a\u00a0<a href=\"https:\/\/www.seattletimes.com\/seattle-news\/politics\/washington-supreme-court-says-legislatures-mccleary-school-funding-plan-isnt-enough\/\" target=\"_blank\" rel=\"noopener\">fine of $100,000 per day<\/a>\u00a0until the state complied.<\/p>\n<p>\u201cOur lead plaintiff was a second-grader when we filed the lawsuit. She had graduated high school before the final ending of the case,\u201d Ahearne said.<\/p>\n<p>Most states automatically appeal school funding lawsuits, he said, because it makes far more financial sense to spend a few hundred thousand dollars defending the school system rather than having to shell out hundreds of millions right now. And without a concrete mandate from the courts, as in Singleton\u2019s ruling, state lawmakers and administrators have less pressure to produce results quickly.<\/p>\n<p>There is also the problem that the main constituency \u2014 kids, and many of their parents \u2014 don\u2019t vote, and that other priorities fight for funding. In Washington, the state constitution puts education above every other priority.<\/p>\n<p>\u201cIt is the paramount duty of the state to make ample provision for the education of all children residing within its borders\u2026,\u201d its constitution states. No other state has a stronger education mandate, according to the Network for Excellence in Washington Schools, the entity that brought the case.<\/p>\n<p>In Singleton\u2019s ruling, she sa, \u201cA sufficient education is a right protected by the New Mexico Constitution. As such it is entitled to priority in funding. \u2026 the remedy for lack of funds is not to deny public school children a sufficient education, but rather the answer is to find more funds.\u201d<\/p>\n<p>Still, for Ahearne, the decade-long battle and its many frustrations have been worth the effort. The money has made a difference in education, he said, especially in rural areas that lacked basic infrastructure, such as internet access.<\/p>\n<p>\u201cI hear all the time from parents that are active in the schools, and the teachers, and the administrators and even the staff people that money actually matters, and you get what you pay for. And they now have the resources and the equipment, the curriculum and the kinds of things that you need to provide an education today,\u201d he said.<\/p>\n<h3>What\u2019s next in New Mexico<\/h3>\n<p>Both candidates for governor, who will be on the hook for the lawsuit and its fallout \u2014 whether dealing with an appeal filed by the Martinez administration or addressing the problems identified in the ruling \u2014 largely agreed Monday with the judge on the state of the educational system in New Mexico.<\/p>\n<p>Democrat Michelle Lujan Grisham and Republican Steve Pearce also agreed when asked if they would withdraw an appeal if they are elected governor that it was too early to make any decisions on legal strategy.<\/p>\n<p>Both candidates said their education plans would answer many of the issues that Singleton raised in her ruling.<\/p>\n<p>Pearce spokesman Kevin Sheridan said the lawsuit wouldn\u2019t have a big impact on Pearce\u2019s ideas for reform because his education plan already addresses Singleton\u2019s concerns. \u201cIt\u2019s obviously an important lawsuit, it\u2019s an important ruling, but in some ways our\u00a0<a href=\"https:\/\/pearcefornm.com\/issue\/education\/\" target=\"_blank\" rel=\"noopener\">education plan<\/a>\u00a0is our education plan,\u201d Sheridan said.<\/p>\n<p>Pearce has said he would scrap the teacher evaluation system, work on teacher recruitment and retention, and give teachers more training and mentorship. Pearce would also increase the number of school counselors and provide other supportive services, to free up teachers to\u00a0<a href=\"http:\/\/nmindepth.com\/2018\/05\/21\/qa-pearce-says-nm-must-fix-broken-education-system-before-expanding-early-childhood\/\" target=\"_blank\" rel=\"noopener\">concentrate on teaching<\/a>. Sheridan said Pearce saw a need for more funding of schools, but would not pay for it through increased taxes.<\/p>\n<p>Lujan Grisham said her\u00a0<a href=\"http:\/\/www.newmexicansformichelle.com\/images\/pdf\/MLG_P-12_FINAL_Formatted_CR_4_18.pdf\" target=\"_blank\" rel=\"noopener\">education plan<\/a>\u00a0would increase spending on the schools, including raising teacher salaries, tap into the Land Grant Permanent Fund to help pay for\u00a0<a href=\"http:\/\/nmindepth.com\/2018\/05\/17\/qa-lujan-grisham-says-early-childhood-ed-will-be-hallmark\/\" target=\"_blank\" rel=\"noopener\">early childhood education programs<\/a>, and revamp the state\u2019s testing regime.<\/p>\n<p>\u201cMichelle will not tolerate New Mexico schools failing any children, certainly not in the most vulnerable communities around the state, and her education plan addresses many of the criticisms found in the court\u2019s opinion,\u201d her spokesman James Hallinan said via email.<\/p>\n<p>The suit evokes a question asked many times over the past decade: Does New Mexico spend enough to adequately fund its public education system?<\/p>\n<p>A 2008 report, which was commissioned by the Legislature, estimated at the time that the state should have spent\u00a0$334.7 million more in 2007-08 dollars \u201cto achieve sufficiency in New Mexico.\u201d\u00a0The Legislature did not adopt the report\u2019s recommendations and that\u00a0cost estimate has only risen in the past decade.<\/p>\n<p>In one of the few instances where Singleton didn\u2019t side with the plaintiffs, the judge decided against putting a price tag on the necessary changes the state must adopt, a decision Sen. John Arthur Smith, D-Deming, noted Monday.<\/p>\n<p>Smith, the chairman of the Senate Finance Committee, said the plaintiffs likely wanted to see the judge attach a number to the suggested constitutional remedies. Without a number the argument now will be over what satisfies the ruling.<\/p>\n<p>\u201cWhen you give that kind of latitude to 112 legislative members, that could be like the Keystone cops,\u201d Smith said.<\/p>\n<p>Smith said the most responsible answer \u201cwould be tax reform and tax stability.\u201d<\/p>\n<p>While it is true Singleton didn\u2019t direct legislators on how to pay for the changes needed, she listed 11 fund-producing options, most tax-related. They ranged from tapping the state\u2019s permanent funds \u2014 \u00a0worth more than $20 billion \u2014 to raising personal income tax on higher earners and taxing internet sales.<\/p>\n<p>She also listed reforming the state\u2019s gross receipts tax and taxing gasoline, alcohol, cigarettes and motor vehicles at higher rates.<\/p>\n<p>Longtime supporters of a constitutional amendment to tap New Mexico\u2019s land grant permanent fund to help fund early childhood education predicted Singleton\u2019s ruling would help them win converts in 2019.<\/p>\n<p>The ruling \u201cnudges those folks on the margins to realize that this money is better invested in early childhood than in the stock market,\u201d said Rep. Antonio Maestas, D-Albuquerque.<\/p>\n<p>Another supporter, Rep. Javier Martinez, D-Albuquerque, added, \u201cif we are serious about dismantling racial inequities in New Mexico, we will look at the permanent fund and we will look at early childhood education to fix this.\u201d<\/p>\n<p>Allen Sanchez, of CHI St. Joseph\u2019s and a prominent early childhood advocate, agreed, saying Singleton\u2019s ruling \u201creally tells everyone, puts into a nutshell, what people for a decade have been asking the Legislature to do.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"<p>State District Judge Sarah Singleton\u00a0ruled\u00a0New Mexico guilty on Friday of shirking its constitutional duty to adequately educate at-risk students.<\/p>\n","protected":false},"author":1,"featured_media":56542,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[3671,234,125,709,143,107],"class_list":["post-606675","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news-and-analysis","tag-2019-legislative-session","tag-children","tag-education","tag-native-americans","tag-race-and-ethnicity","tag-roundhouse"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/606675","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/comments?post=606675"}],"version-history":[{"count":0,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/606675\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media\/56542"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=606675"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=606675"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=606675"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}