Mescalero Apache TribeResolution 26-20 Opposing Yazzie Martinez Final Remedial Plan-02-17-2026
Summary
AI-generated summaryMescalero Apache Tribe Resolution 26-20, adopted on February 17, 2026, says the Tribal Council considers the State’s final Yazzie/Martinez remedial plan inadequate and asks the State to revise it with tribes and local public schools.
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the Tribal Council requests that the State collaborate with tribes and the local public schools who educate Native American students to revise the final plan to address the above-listed concerns.Open page 2
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The foregoing enactment of the Mescalero Apache Tribal Council is duly adopted and approved on the 17th day of February 2026Open page 3
The resolution recounts that a 2018 state-court order found the State had failed to meet constitutional education obligations to Native American and at-risk students, and that a 2025 order required a new draft plan with stakeholder participation and a final plan by November 3, 2025.
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in 2018, the State court in Yazzie/Martinez issued an order finding that the State of New Mexico failed to meet its obligation under the New Mexico Constitution to provide a sufficient, equitable, and culturally responsive education to Native American and at-risk studentsOpen page 1
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in 2025, the State court determined that the State had not complied with the 2018 order and issued a new order requiring the State to develop a draft plan with the participation of stakeholders, including tribes, and submit a final plan to the State court by November 3, 2025Open page 1
Key points
The Tribal Council’s listed objections include a lack of measurable goals, timelines, progress indicators, and assigned responsibility for remedial actions, as well as a lack of accountability mechanisms for public schools.
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Fails to include specific benchmarks, timelines, measurable goals, or progress indicators or to identify who is responsible for certain remedial actions;
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Lacks mechanisms to hold public schools accountable for failing to address the needs of Native American students;
Open page 2The resolution says the plan does not require school–tribal consultation or partnerships and does not distinguish Native American students’ needs and circumstances from those of other at-risk students.
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Fails to require consultation or partnerships between public schools and tribes;
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Does not account for the special needs of and unique barriers faced by Native American students and instead, lumps Native American students with other at-risk students, whose needs and circumstances may be vastly different;
Open page 2The Council also objects to the plan’s treatment of funding, culturally appropriate instructional materials, Native American language programs, behavioral health, teacher development, and standardized testing.
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Does not require financial transparency, which allows local schools to repurpose funding that is designated for remedial actions to other purposes;
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Fails to describe how Native American language programs will be expanded or improved or otherwise provide a clear strategy for strengthening language preservation;
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Does not provide a framework to increase Native American teachers or indigenous-led teacher training;
Open page 2The resolution says the Tribe had previously sent the governor a letter raising concerns about the draft plan, and that the final plan did not address those concerns.
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the Tribe submitted a letter to Governor Michelle Lujan Grisham dated October 17, 2025 expressing the numerous ways that the draft plan did not adequately address the findings in the 2018 order
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the final plan submitted by the State to the State court did not address any of the Tribe’s concerns
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Questions to follow
- How, if at all, will the State respond to the Tribal Council’s request to revise the final plan?
- What changes, if any, would the Tribal Council consider sufficient to address its listed concerns?
Generated Oct 21, 2026 · Citations refer to the saved original · Text extracted with OCR.
Original source: New Mexico Center on Law and Poverty
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Commentary
AI-generated analysisBecause the resolution calls for collaboration with tribes and local schools, its requested revision could provide a forum for those groups to discuss the listed concerns; the document does not establish whether such collaboration will occur.
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Open page 2The resolution identifies specific areas where the Council wants changes, but this document alone does not show how the State or the court will respond to the request.
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