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Outside attorneys brief Grants‑Cibola board on Yazzie/Martinez school‑funding litigation and recent noncompliance filings
Summary
Attorneys from the ACLU of New Mexico and the New Mexico Center on Law and Poverty outlined the Yazzie/Martinez case history, the 2018 ruling that found the state system unconstitutional for at‑risk students, and a 2024 noncompliance motion asking the court to require a rewritten, costed and enforceable PED plan; a hearing is set for September.
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Preston Sanchez, an attorney with the ACLU of New Mexico, and Alisa Deal of the New Mexico Center on Law and Poverty gave Grants‑Cibola County Schools’ board members a detailed briefing on the Yazzie/Martinez school‑funding litigation and recent enforcement steps.
Sanchez described the case’s origins and legal foundation, saying the lawsuit — filed in 2014 and consolidated with related Martinez plaintiffs — alleges the state failed to provide a ‘‘uniform system of free public schools sufficient for the education of all school‑aged children,’’ referencing Article XII of the New Mexico Constitution. He told the board the evidence presented at trial and in subsequent discovery shows chronic underfunding and structural barriers that disproportionately affect low‑income students, English learners, Native American students and students with disabilities.
“We filed it in 2014,” Sanchez said, summarizing earlier trial testimony and an expert analysis that, he said, showed a statewide funding shortfall and systemic deficits in programs such as early childhood education, full‑time counselors, and transportation.
Deal outlined the plaintiffs’ recent legal strategy. After gathering documents and depositions in discovery, the plaintiffs filed a 2024 noncompliance motion arguing the Public Education Department’s (PED) remedial plan is vague, lacks a year‑by‑year cost analysis, and does not create clear accountability structures. “PED released a final plan last November that it alleges meets its obligations,” Deal said. “We were deeply disappointed. It’s not an action plan that is enforceable.”
Deal said the plaintiffs are asking the court to require a rewrite of PED’s plan and to authorize plaintiffs to lead a rewrite process that would include subject matter experts, meaningful tribal consultation and transparent cost estimates and reporting. She said the court found the system remains unconstitutional and scheduled a hearing on the plaintiffs’ objections for September.
Board members asked specific questions about which districts and family plaintiffs the case represents and about the plaintiffs’ proposed ‘‘nine components’’ that should form the basis of a comprehensive corrective plan. Sanchez said plaintiffs represent a mix of urban and small rural districts — including Santa Fe Public Schools, Rio Rancho Public Schools, Cuba Independent School District, Gallup‑McKinley County Schools, Moriarty, and Lake Arthur School District — and that some family plaintiffs come from Albuquerque Public Schools and Gallup/McKinley.
Sanchez and Deal emphasized remedies offered in trial testimony and in the court’s findings of fact — such as investments in early childhood, teacher compensation, extended learning and fine arts — and said they do not expect a short, three‑year fix without a clear funding plan and accountability measures.
Board President noted the district will follow the case and requested the presenters share condensed materials and contact information so the board and administration can follow up. Sanchez and Deal said they would provide a pullout of the plaintiffs’ nine components and related briefing materials.
The attorneys’ presentation was for information and context; no board action was taken on the litigation at the meeting. The presenters said they will prepare for the September hearing and encouraged district staff and the public to monitor filings and the virtual hearing schedule.

