Blistering brief accuses Legislature of shorting public schools

This legislative session, state lawmakers pumped nearly half a billion dollars into New Mexico’s public schools. The plaintiffs in a landmark education funding lawsuit have three words to say to that: 

It wasn’t enough. 

In a scorching court brief filed this morning, the New Mexico Center on Law and Poverty, which represents the plaintiffs in the Yazzie/Martinez vs. State of New Mexico case, said almost all of the money appropriated by the Legislature is going toward teacher salary increases. That has left little or nothing to expand programs that were specifically promoted by Judge Sarah Singleton as ways to sufficiently and equitably educate low-income, Native American, English language learner students and those with disabilities, said the Center in the brief. 

The plaintiffs say the increase in education funding, when adjusted for inflation, still doesn’t bring the state back to pre-2008 funding levels. 

That puts the state in direct violation, they contend, of the court order that stipulates the state rectify a failure in its constitutional duty to educate children. Lauren Winkler, staff attorney for the New Mexico Center on Law and Poverty

“Unfortunately, the Legislative Finance Committee made financial decisions before education policy could be designed, so that led us to where we are now,” Lauren Winkler, an attorney with the New Mexico Center on Law and Poverty, told NMID.

After initial bump, CYFD proposes tighter eligibility for child care help

When NM In Depth reported on a settlement earlier this month in a lawsuit against the Children Youth and Families Department over its policies on child care assistance, a big money question was left hanging. CYFD agreed to temporarily bump initial eligibility for child care subsidies to families earning up to 200% of the federal poverty level, from 150%, but the department would need supplementary funding if it was going to keep it at that level. Part of the settlement with OLÉ and the New Mexico Center on Law and Poverty also said the department needed to come up with new eligibility rules within 90 days, and give the public a chance to weigh in. This week the department posted those proposed changes — taking eligibility to apply for assistance to just 160% of the federal poverty level. Those who already have the benefit would continue to keep it until they reach 200% of FPL.

Judge sees progress in state efforts on Medicaid, SNAP

U.S. District Judge Kenneth Gonzales laid out the stakes in a long-simmering lawsuit over the Human Services Department’s record of denying food stamp and Medicaid benefits to eligible New Mexicans during a status hearing Thursday at the federal courthouse in Las Cruces. U.S. District Judge Kenneth Gonzales

He’d visited the HSD office on Utah Street in Las Cruces where he had looked over cases with a front-line worker there. One client was a single mom with two kids under 6. She’d lost SNAP benefits because she had not submitted documents that apparently were already in the system. Then her family lost Medicaid benefits, even though they weren’t up for renewal, because of the decision on food stamps — something that violates federal rules.

Education Secretary Christopher Ruszkowski

State, advocacy groups make their final cases in PED lawsuit

Students in New Mexico are nowhere near prepared to go to college, join the workforce or engage in our democracy, according to closing arguments filed this week by the New Mexico Center on Law and Poverty and MALDEF, in a lawsuit against the state. The groups, representing families and school districts,  say the state Public Education Department isn’t providing the resources needed to properly educate its students, in violation of the state Constitution. “The problem is that for years the state has starved our public schools and denied our children the educational supports and programs and services they need so that they can learn and thrive,” said Gail Evans, legal director for the Center, who said she expects a decision from District Court Judge Sarah Singleton by the spring. Lawyers for the state PED agree that New Mexico schools need to improve and concede the job of the schools is to make students college and career ready. But that’s about all they agree on.

Congress jeopardizes health insurance for 11,300 NM children

The Affordable Care Act and its Medicaid expansion will live on following the death Sept. 27 of congressional Republicans’ last-ditch effort to repeal and replace Obamacare, but uncertainty remains for thousands of families in New Mexico whose children are covered through the Children’s Health Insurance Program. Congress allowed funding for the program to expire over the weekend. CHIP, which began under the Clinton administration, covers children from lower- and middle-income families who make too much to qualify for Medicaid but not enough to buy private insurance. CHIP covers 9 million kids in the U.S.

According to estimates from the state Human Services Department, more than 11,300 children in New Mexico are covered under CHIP, and if Congress does not appropriate money for the program the state would have to come up with $31.2 million to keep the program going, said Abuko Estrada, a staff attorney for the New Mexico Center on Law and Poverty who works on health access issues.