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Reorganized Yazzie Proposed Remedy Platform - October 9, 2018

Oct 9, 2018PDF

Summary

AI-generated summary

The document presents a proposed set of remedies grounded, according to its authors, in the Yazzie/Martinez court opinion, trial evidence, and statewide stakeholder input. It describes itself as a working document, not a final implementation plan.

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The Yazzie Proposed Remedy Platform, which is rooted in the District Court’s 7/20/18 opinion in Yazzie/Martinez v. State of New Mexico , is based on evidence from trial, and statewide input
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The Yazzie Proposed Remedy Platform is a working document that will need continuous review and updating
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The platform groups proposed short- and long-term actions under funding, education programs and services, and oversight. The proposals address, among other things, instructional materials, technology, early learning, language services, educators, and school funding.

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Judge’s Finding LESC & LFC Analysis Short-term Plan Long-term Plan
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• Quality, full-day PreK • Extended learning • Reading/Literacy • Class size • Social Services • ELL • HEA • BMEA • IEA
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Key points

  • The platform proposes funding mechanisms for educational materials and technology, including special attention to rural schools. Its technology concerns are attributed to the LFC in the document.

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    The LFC found that New Mexico lacks a uniform mechanism for funding educational technology and standards for determining educational technology needs.
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    Increase funding for technology, especially in rural and schools located on or near tribal lands.
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  • For English learners, the document lists proposed staffing, training, and program-monitoring measures. These are recommendations in the platform, not evidence that the measures were adopted.

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    PED shall, in collaboration with school district administration and local experts, ensure that all EL students are provided a sufficient EL program (as required by federal law), and are not placed in remedial reading programs.
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    Require all teachers to be TESOL-endorsed and that appropriates funding for all current teachers to get the endorsement.
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  • For Native American education, the platform’s Judge’s Finding column states that the State failed to comply with the Indian Education Act, and its recommendations include staffing education offices and developing culturally relevant curriculum.

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    The State has failed to comply with the Indian Education Act.
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    In 2019, ensure IED Headquarters in the PED and the 3 Regional offices are staffed and have expertise in Native American education; and that staff are paid reasonable salaries
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  • The document also proposes changes to how funding is allocated to students considered at risk, including increasing the at-risk index and using free- and reduced-price lunch data in the poverty factor.

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    In the 2019 session, amend legislation to increase the at-risk index from .13 to .366 so that at-risk students are funded at 25% above a non-at-risk student.
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    In the 2019 session, amend legislation to adjust the poverty factor of the funding formula to use the FRPL for poverty.
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  • Accountability proposals include monitoring how at-risk funds are spent. Separately, the document quotes an LESC/LFC study that criticizes the lack of accountability measures.

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    PED shall monitor the use of at-risk funding through the enforcement of NMSA § 22-8-23.3
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    But with no accountability measures in place, districts can direct funds to ineffective programs and policies.
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Commentary

AI-generated analysis

Because the platform calls itself a working document and describes its remedies as a minimum, readers may find it useful to distinguish these recommendations from actions later taken by the State. This document alone does not establish whether any proposal was adopted or what effect it had.

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The Yazzie Proposed Remedy Platform is a working document that will need continuous review and updating
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The proposed remedies represent the minimum the state must do to meet its constitutional obligation to provide all children in New Mexico a sufficient education.
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The platform places proposals across several policy areas, so it may help readers ask how proposed funding and oversight choices would be coordinated. The document does not itself show how such coordination would work in practice.

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Fully fund everything mentioned under the Programs & Services Short-term Plan:
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Develop and implement an effective accountability plan.
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Questions to follow

  • Which proposed remedies, if any, were later adopted or revised?
  • What measures would be used to assess whether the proposed programs and funding changes are meeting their stated goals?
  • How would the proposed monitoring and reporting responsibilities be coordinated among the PED, districts, and tribal communities?

Generated Oct 21, 2026 · Citations refer to the saved original.

Original source: New Mexico Legislative Finance Committee

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