Committee tables bill to expand Hispanic education reporting after debate over requirements

The Senate Indian Rural Cultural Affairs Committee on Wednesday voted 3-2 to table Senate Bill 396, the Hispanic Student Education and Reporting Act, after committee members questioned whether the bill imposed enforceable requirements on school districts and the Public Education Department.

Sponsor Senator Cesar Lopez told the committee the bill would modernize and strengthen the existing Hispanic Education Act by adding “community-based organizations” to the statute, involving the Higher Education Department in planning, expanding advisory elements to include postsecondary education and requiring measures of Hispanic achievement based on a statewide test with results desegregated by ethnicity. “How you perform in school depends on expectations and the opportunities that are presented to you, and that is why I am absolutely passionate about this bill,” Lopez said, recounting personal experiences in early schooling to illustrate low expectations for Hispanic students.

Two educators who testified on Zoom opposed parts of the bill. Elena Vicente Valdez, a professor and former high school teacher, said sections of the bill could create confusion and more work at the school level without clarifying which state bureau would oversee Spanish-language instruction. “To my knowledge, language education is the purview of the Language and Culture Division, which oversees implementation of the Bilingual Multicultural Education Act,” she said, asking how oversight would be shared with the Public Education Department. Adrian Sandoval of the Center for the Education and Study of Diverse Populations raised similar concerns about overlap, the potential for an additional summative assessment, and how a single Hispanic education liaison could assist hundreds of schools and districts.

Committee members questioned the legal force of the bill’s new section requiring districts to “develop and publish a systemic framework” for improving Hispanic student outcomes. Senator Solis asked what the bill actually requires and how compliance would be verified, noting that much of the language uses “may” rather than mandatory language. “It doesn't require anyone to do anything,” Solis said, expressing concern that districts could publish minimal frameworks with no meaningful review or enforcement.

Supporters framed the changes as guidance to remedy persistent gaps cited in the Martinez v. Yazzie litigation by encouraging district-level planning, community involvement and measurement of outcomes. Senator Maestas said the bill would help ensure transparency: “What would be really great is if they had a plan, school district by school district, that was a transparent plan, that they involve the community in it, and that PED paid attention to it and reviewed it.”

The committee moved to table the bill; the roll call in the hearing record shows the motion carried 3 to 2 and the bill was tabled. No committee amendment was adopted during the hearing.

The bill text as discussed would have added community-based organizations to statutory definitions, mandated involvement by higher education in planning, expanded advisory elements to include postsecondary education and required disaggregated reporting of Hispanic student achievement. Committee members repeatedly asked for amendments that would require Public Education Department (PED) review of district frameworks and clarity on accountability and publication requirements, but no binding amendment was adopted before the motion to table.

The hearing record shows public testimony focused on implementation details — oversight, assessment alignment, resource support, and how a liaison position would be resourced and scaled. Committee members said those implementation questions drove their concerns about the bill’s structure and enforceability. The item was tabled and not advanced from the committee.