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Lawmakers raise equity and outcome concerns after PED data show virtual students lag and limited live instruction
Summary
In testimony to a Senate panel, PED staff said virtual students perform worse on statewide assessments, that many programs report limited synchronous teacher time, and that states and the department lack sufficient policy controls to ensure quality and equity.
Lawmakers pressed state education officials on academic outcomes and student supports for virtual learning during a Senate Finance Committee presentation that synthesized national research and New Mexico evaluations.
Madam Secretary Badia summarized PED’s survey results and prior evaluations: “our virtual students, our distance learning students proficiency rates are lower than their non‑distance learning students,” she said, citing example figures presented in the deck (about 30% lower in language arts and 73% lower in math on some measures) and noting the 2017 LESC/LFC evaluations that found virtual charters spent less on instructional staff and had higher withdrawal rates.
Presenters said the majority of surveyed distance learning programs reported no or very limited live teacher interaction, relying instead on software platforms and asynchronous assignments. “Based on the respondents to the survey that we just put out, there really is not live synchronous instruction or very limited,” Badia told the committee; elsewhere presenters referenced as little as “one and a half hours” of synchronous teacher contact reported in some programs.
Committee members asked whether virtual programs are meeting special education and support obligations and whether students receive school‑provided counseling, social work and other services when they are online. John, a PED advisor, said federal and state requirements for special education still apply and asked the committee to consider requiring reporting and approval processes so PED can ensure compliance.
Members also sought graduation‑rate data. Badia said PED can isolate graduation rates now that more student ID information has been collected and will provide comparisons between virtual and in‑person cohorts once validation is complete. Legislators cautioned that graduation‑rate statistics can be misleading if programs enroll large numbers of students for credit recovery or reengagement, and requested more granular analyses of why students enroll online and the services they receive.
The committee heard evidence of equity concerns from national research cited in the presentation; presenters highlighted studies saying distance learning can exacerbate pre‑existing poverty and race‑based disparities. Officials recommended developing performance standards specific to virtual programs and clarified that prior LESC/LFC recommendations included scaling adjustments to funding and stricter contract transparency for providers.
What happens next: PED will continue to reconcile reported student IDs, provide requested graduation and assessment breakdowns, and work with legislators on statutory proposals to require reporting, approval and performance standards for virtual education.
