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The New Mexico Public Education Department has submitted its final draft of a remedial plan following an April ruling that it has not done enough to improve the quality of education it provides to Native American students, English learners, students with disabilities and economically disadvantaged students.

But plaintiffs鈥� lawyers and activists are still not satisfied with the court-ordered plan.

鈥淚 don鈥檛 know how realistic it is that we can expect what will be acceptable of something so monumental, when you鈥檙e (the PED) diminished in your capacity to respond to this crisis,鈥� said Regis Pecos, former governor of Cochiti Pueblo and current chair of the Tribal Education Alliance at a news conference Wednesday. 鈥淭his is a long-term effort: 10, 15, 20, 25-year effort. We鈥檙e not going to get it done in three years or five years.鈥�

The news conference was hosted by the New Mexico Center on Law and Poverty 鈥� the organization representing lead plaintiff Wilhelmina Yazzie 鈥� in Southeast sa国际传媒官网网页入口 at the headquarters for the New Mexico Black Leadership Council.

YM final draft plan

The case originated a decade ago, in 2014, when Yazzie joined other parents around the state to sue over the quality of education her son was receiving. In 2018, the late Santa Fe Judge Sarah Singleton ruled that the PED was violating the constitutional rights of underserved students.

Then, six months ago, Singleton鈥檚 successor, Judge Matthew Wilson, ruled that the PED had not done enough to improve since the landmark ruling, ordering a remedial plan.

As part of the court-ordered remedial plan鈥檚 timeline, the PED submitted a draft plan last month, which the plaintiffs and their legal representatives took issue with, citing a lack of detail and the inclusion of cultural 鈥� specifically tribal 鈥� education.

鈥淭he updated plan includes more specific performance targets and expands support for Native American students, English learners, students with disabilities, and economically disadvantaged students,鈥� said Janelle Garc铆a, spokesperson for the PED, in a news release. 鈥淭he department gathered input through public meetings, listening sessions, a statewide survey and written comments over several months.鈥�

The changes from the draft touted by the PED were more specific trackers of student academic progress, additional support for student groups identified in the initial Yazzie-Martinez lawsuit, 鈥渟tronger collaboration frameworks鈥� between the PED and districts, tribal leaders and post-secondary institutions and the creation of an online funding tool that tracks funding and academic performance for marginalized communities of students.

The new version is also 115 pages longer. The full final draft plan can be viewed on the PED website at .

The general outline of the remedial plan remains largely the same, outlining four 鈥渃ritical need鈥� areas: 鈥渆quitable access to high-quality instruction, equitable access to well-prepared, culturally, and linguistically responsive educators, equitable access to academic, social, well-being, and behavioral services, and effective funding, support, and accountability to drive systemic improvement.鈥� A three-year implementation timeline accompanies each of the critical needs.

鈥淭he plan has more than doubled in length following changes based on feedback from stakeholders, including tribal partners, Disability Rights New Mexico, community-based organizations, advocacy groups, and countless concerned citizens,鈥� PED Secretary Mariana Padilla wrote in an email to the Journal on Wednesday. 鈥淎ccountability is now the plan鈥檚 organizing principle.鈥�

Among the issues that activists presented at Wednesday鈥檚 news conference were an unclear layout of spending and funding, insufficient ideas on how to retain teachers, and a focus on utilizing textbooks and other traditional materials instead of a broader emphasis on teaching about the state鈥檚 cultures.

They also said they wanted to see Black students 鈥� who are not identified by the PED as a Yazzie-Martinez student group 鈥� included in the remedial plan.

While Wilhelmina Yazzie, who lives in Gallup, couldn鈥檛 make it to sa国际传媒官网网页入口 for Wednesday鈥檚 event, she wrote in a statement, 鈥淥ur children deserve classrooms where their culture, their language, and their potential are honored every single day, and are wholeheartedly welcomed no matter their background.鈥�

鈥淭his plan is our roadmap,鈥� Yazzie said. 鈥淎 critical component to our children鈥檚 future 鈥� it must actually guide schools to give every child the support, resources, and guidance they deserve.鈥�

Her legal team鈥檚 next step is to host a 鈥渃ommunity review鈥� of the plan on Nov. 21.

When it comes to what鈥檚 next, in Judge Wilson鈥檚 ruling, he wrote, 鈥渂y December 1, 2025, Plaintiffs may file objections to the final plan. Defendants will then have 15 days to file a response, and the Plaintiffs will have 15 days to file a reply.鈥�