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Yazzie Plaintiffs' Reply to PED's Response to the Yazzie Plaintiff's' Objections to PED's Remedial Plan

Apr 22, 2026PDF

Summary

AI-generated summary

The lead filing is the Yazzie plaintiffs’ reply to PED’s response to objections to the remedial plan. Plaintiffs argue that the plan does not show how the State would remedy the court-identified violations and defers important decisions to future evaluations, pilots, and unspecified actions. They call for defined actions, funding, responsible actors, timelines, and measurable outcomes.

Page 2 · source excerpt
It does not show how the State will cure the violations already found by this Court.
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Page 14 · source excerpt
PED’s Plan does the opposite: it defers critical decisions to future evaluations, pilot programs, and unspecified future actions
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The reply and its attachments address Indigenous education, bilingual and multicultural education, and students with disabilities. Plaintiffs and attached reviewers argue that the plan lacks sufficient specificity about how it would address these students’ needs, including through implementation, funding, evaluation, and accountability.

Page 23 · source excerpt
confirm that the Plan does not implement the NMIEA. It does not integrate Indigenous knowledge, ensure tribal participation, enforce statutory requirements, or align funding with identified needs. 3. Bilingual Multicultural Education Act The same deficiency
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Page 24 · source excerpt
districts. Dr. Ibarra Johnson’s core point remains unrebutted. The Plan lacks a systemic, statewide strategy for bilingual and multicultural education. It does not define how bilingual programs will be expanded or improved, how success will be measured, or how equitable access
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The filing also contains earlier plaintiffs’ letters seeking revisions and supporting records, as well as expert and advocate analyses and examples. A later reply by Matthew Gardner Kelly addresses his evaluation of the November 2025 Revised Action Plan, including a replication of funding calculations that he describes as incomplete. These appended materials are distinct from the lead brief’s arguments.

Page 153 · source excerpt
stakeholder engagement record, meeting notes, public comments received in response to the October 1 Plan, and any crosswalk or analysis showing why this input was not incorporated. We also request copies of any draft plans prepared by WestEd and submitted to PED and all
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Page 258 · source excerpt
Such In its response, PED characterizes me as endorsing the AIR study as the appropriate adequacy framework for New Mexico, citing my original report’s appendix. That characterization is incorrect and requires direct clarification. My original report included the 2008 AIR study
Open page 258

Key points

  • Plaintiffs contend the plan lacks a comprehensive cost analysis, sustained funding commitments, a phased implementation strategy, long-term benchmarks, and assigned responsibilities.

    Page 16 · source excerpt
    It provides no comprehensive cost analysis, no sustained funding commitments, and no concrete legislative implementation pathway.
    Open page 16
    Page 36 · source excerpt
    defined phases or long-term benchmarks, cannot achieve that transformation. CONCLUSION The Plan contains no phased implementation strategy, no long-term benchmarks, and no mechanism to sustain reforms. It also lacks basic implementation infrastructure: it does not assign
    Open page 36
  • On Indigenous education, plaintiffs argue the plan does not adequately integrate Indigenous knowledge, ensure Tribal participation, enforce statutory requirements, or align funding with identified needs. On bilingual and multicultural education, they argue it lacks a statewide strategy for program support and evaluation.

    Page 23 · source excerpt
    confirm that the Plan does not implement the NMIEA. It does not integrate Indigenous knowledge, ensure tribal participation, enforce statutory requirements, or align funding with identified needs. 3. Bilingual Multicultural Education Act The same deficiency
    Open page 23
    Page 24 · source excerpt
    districts. Dr. Ibarra Johnson’s core point remains unrebutted. The Plan lacks a systemic, statewide strategy for bilingual and multicultural education. It does not define how bilingual programs will be expanded or improved, how success will be measured, or how equitable access
    Open page 24
  • The disability-related materials argue that general-education actions do not necessarily address disability-specific needs and call for clearer targets, evaluation, accountability, behavior supports, and transition planning.

    Page 156 · source excerpt
    education teachers, it does not follow that any Final Plan element describing actions for general education students necessarily will benefit students with disabilities or is designed with their needs in mind. This is where the mantra “special education students are general
    Open page 156
    Page 201 · source excerpt
    toward PED/OSE, there is nothing included in this action item showing what PED itself is going to do, either with respect to or in addition to such recommendations. No targets/outcomes, no accountability structures aside from an advisory panel, and no evaluation structure. To
    Open page 201
  • Kelly says he cited the 2008 AIR study as an example of adequacy-study methods, not as a benchmark for assessing compliance in 2026. He reports that his replication found 102 of 186 entities with requisite data below calculated targets, while noting that it was incomplete and omitted AIR’s mobility adjustment.

    Page 258 · source excerpt
    Such In its response, PED characterizes me as endorsing the AIR study as the appropriate adequacy framework for New Mexico, citing my original report’s appendix. That characterization is incorrect and requires direct clarification. My original report included the 2008 AIR study
    Open page 258
    Page 260 · source excerpt
    and purposefully low sufficiency target, 102 of 186 entities with requisite data fell below their sufficient cost target. Yet, if aggregated program cost figures are compared to an aggregate sufficiency target statewide the dollars needed by those districts to reach
    Open page 260
  • Kelly argues that PED’s staffing strategies lack cost estimates, specific funding levels, and measures of their combined effect. He also distinguishes Tribal authority over NALC certification from his questions about resources for Native American faculty and educator-preparation programs.

    Page 264 · source excerpt
    Court identified? PED’s response lists strategies without providing cost estimates for any of them, without committing to specific funding levels for any of them, and without identifying how the combined effect of these strategies will be measured against the Court’s specific
    Open page 264
    Page 264 · source excerpt
    distinct issues. First, the certifying language for Native American Language and Culture (NALC 520) instruction is appropriately determined by pueblos, tribes, and nations, and nothing in my report suggests otherwise. The questions I raised concerning NALC 520 action items
    Open page 264

Commentary

AI-generated analysis

The supplied materials present plaintiffs’ and reviewers’ arguments and calculations, not court findings on these objections. Their emphasis on defined responsibilities, funding, and outcome measures reflects the authors’ view that those details are needed to evaluate the proposed actions.

Page 12 · source excerpt
A “component” without defined actions, funding, responsible actors, timelines, and measurable outcomes is not a remedy; it is a description.
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Page 194 · source excerpt
providing to SWD “a high-quality, inclusive education with sufficient supports.” This is particularly true of the “inclusion” piece. Same. o Target or Outcome : There is no specific target or outcome stated for SWD, and there needs to be, particularly as to the laundry list of
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Kelly’s reply raises a related question about whether statewide aggregate funding comparisons can show whether individual districts meet their calculated targets; he argues they cannot. This is his assessment, not a court resolution of the issue.

Page 260 · source excerpt
Districts Even if demographic patterns had not changed, comparing statewide totals cannot reveal whether individual districts are above or below their sufficiency targets. It can only confirm that dollars exist somewhere in the system. A dollar that brings a well-funded
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Questions to follow

  • How will the court resolve the plaintiffs’ objections and requests for further relief?
  • What actions, funding, responsibilities, and outcome measures, if any, will be included in an eventual remedial plan?

Covers all 267 pages. Generated Oct 21, 2026 · Citations refer to the saved original.

Original source: New Mexico Center on Law and Poverty

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