EDUCATION
Yazzie-Martinez plaintiffs ask judge to let them write their own education plan in court
A Santa Fe judge is expected to deliver a written verdict soon
SANTA FE 鈥 Plaintiffs in the landmark education lawsuit known as Yazzie-Martinez asked a judge Friday to throw out the state鈥檚 plan to reform education in New Mexico and allow them to write their own.
Attorneys argued in 1st Judicial District Court that the New Mexico Public Education Department鈥檚 court-ordered plan to improve education for underserved students has no clear timelines, measurable benchmarks or cost estimates, and that it does not contain sufficient input from tribal communities.
Melissa Candelaria of the New Mexico Center on Law and Poverty, the organization representing one of the plaintiffs, told Judge Matthew Wilson on Friday that the PED鈥檚 plan repackaged existing programs the court had already ruled to be insufficient and outlined possible initiatives 鈥渨ith little to no detail.鈥
鈥淭o put it simply, PED is slapping a fresh coat of paint on a used, broken-down vehicle and trying to sell it as new. And with this plan, we will not get very far down the road before we start having problems again,鈥 Candelaria said.
The 2018 Yazzie-Martinez court decision ruled that the state of New Mexico has a constitutional obligation to provide every student with an equal opportunity and a sufficient education, especially Native American students, English-language learners, students with disabilities and economically disadvantaged students 鈥 all of whom make up around 70% of New Mexico鈥檚 student population, according to the Public Education Department.
The case began in 2014 when Wilhelmina Yazzie, the parent of a student at Gallup-McKinley County Schools, and Louise Martinez, the parent of an Albuquerque Public Schools student, joined other parents to file a lawsuit against the state.
In April 2025, Wilson ruled the PED had not done enough to improve since the landmark 2018 ruling and ordered a remedial plan.
The longer the state鈥檚 obligations go unfulfilled, the more students are undereducated, said Loretta Trujillo, executive director of advocacy group Transform Education New Mexico.
鈥淚f we think about a kindergartener at the beginning of the court鈥檚 ruling in 2018, right now they鈥檙e in middle school,鈥 she said. 鈥淔or those young people, they鈥檙e paying the price.鈥
Last August, PED officials toured the state, soliciting feedback on the plan from residents in almost a dozen cities, and in November, the agency filed the final draft of its remedial plan, which plaintiffs and advocates swiftly rejected for not having clear time tables, measurable benchmarks, cost estimates or sufficient input from tribal communities.
鈥淲e鈥檙e not really lacking for people who are willing to come to the table and collaborate,鈥 Trujillo said. 鈥淏ut it鈥檚 going to take that level of insight that this current plan lacks in order to get us to a transformed school system.鈥
Attorneys for the plaintiffs at Friday鈥檚 hearing estimated the PED鈥檚 plan cost around $400,000, which includes the consulting services of two outside contractors 鈥 San Francisco-based nonprofit WestEd and the Los Alamos National Laboratory Foundation 鈥 an estimate that Taylor Rahn, an attorney representing the PED, said is 鈥渘ot completely off base.鈥
Plaintiffs鈥 attorneys asked the judge Friday to allow them to choose their own experts to consult with when writing their version of the plan, which they estimate will cost $200,000 at maximum.
鈥淧ED has spent more, and at-risk students have got nothing,鈥 Alisa Diehl, an attorney representing the plaintiffs, told the court.
Rahn maintained that the PED鈥檚 plan was legally sufficient.
鈥淧ED is committed to reform,鈥 she told reporters Friday. 鈥淧ED has taken dozens and dozens of steps from the time that the lawsuit was filed, from the first court ruling, to try to address the needs of New Mexico students both inside and outside the litigation.鈥
Wilson is expected to deliver a written judgment in the coming days.
鈥淲e would like recognition for the hard work that PED put into the plan, but if the plan鈥檚 revised in any way by the court, that鈥檚 still useful for PED to understand what it鈥檒l take to conclude this litigation,鈥 Rahn said. 鈥淭his litigation does not start or end PED鈥檚 obligation to improve the public education system.鈥
Plaintiffs said they hope to move quickly onward to the next steps.
鈥淲e hope that he鈥檒l come to his decision very soon, because, as we鈥檝e stated a few times, there鈥檚 a lot of urgency right now for us to get this started,鈥 Trujillo said.
Natalie Robbins covers education for the Journal. You can reach her at nrobbins@abqjournal.com.