By Rebecca Dow

op-ed

Seven years ago, the landmark Yazzie v. Martinez
district court ruling was handed down. Judge Singleton
found that the State of New Mexico violated students’
fundamental rights. The problem is that New Mexico is
not providing a sufficient public education as required
under the state constitution. Unfortunately, New
Mexico’s education problems have only gotten worse.
In fact, recently First Judicial Court Judge Mathew
Wilson noted that New Mexico has made no
meaningful improvement for Native American,
disabled, low-income and English-learning students
since the initial Yazzie ruling in 2018. Anyone following
New Mexico education policy should not be shocked
by this recent court decision.

The sad proof? In the last two NAEP “Nation’s Report Card” cycles, New Mexico
students ranked dead last in reading and math scores in both 2024 and 2022. These
unacceptable outcomes are after the State Legislature has increased public school
funding by over 60 percent ($2 billion), while student enrollment is declining. Clearly,
lack of funding for schools wasn’t the issue.

So, what will come of this latest judicial demand for a new plan from the New Mexico
Public Education Department (PED)? Under the current Governor, the PED is in
disarray. There have been five different Cabinet Secretaries and there’s zero appetite
for bold reforms like school choice or proven strategies like those adopted in
Mississippi. When former Governor Martinez previously tried to move the needle with
those same reforms, the unions snuffed them out.

Let’s not just blame the Governor, though. Legislative leaders like Rep. Andres Romero,
chair of the House Education Committee, has flat-out refused to even let school choice
bills get a hearing in his committee. As Governor Lujan Grisham herself admitted, too
many Education Committee members are former or current educators who “aren’t
interested in changing anything,” and their voting on education policy is “unethical and a
huge conflict of interest.”

Meanwhile, the teacher unions run the show, funneling money and muscle to the
politicians who’ll keep things exactly as they wish. With that level of captured
governance, why would any real education reforms—such as school choice options for
families trapped in failing schools—ever be given any serious debate and discussion?
Unless Judge Wilson is willing to challenge the status quo and force PED, the
Legislature, and the Governor to embrace genuine change—school choice
included—New Mexico kids will just keep getting left behind. Another court order won’t
fix what’s broken, but elections might. With 2026 around the corner, voters have a shot
at real change, but only if we stop recycling the usual politicians.

If we want a new direction, it starts with voters demanding bold, coherent education
policies—especially on school choice and accountability—from every candidate up and
down the ballot. And while numerous people have either announced their candidacy for
governor or who are thinking about running, parents and students should demand that
each of these governor candidates outline a specific plan on how to end the disgrace
that New Mexico’s education system in worst in the nation. We can’t afford longer
finger-pointing and foot-dragging any longer. We need a new educational vision that
empowers teachers, local school districts, and parents with a wide range of options to
best meet the needs of their communities and students.
New Mexico can’t endure another lost decade. Adoption of school choice and other
fundamental reforms in how our students are educated can’t wait. Let’s make education
reform the defining issue in the 2026 election, and elect leaders who will make it
happen.

Rebecca Dow is project manager of Opportunity for All Kids, a New Mexico-based educational reform project of the Rio Grande Foundation and House of Representative for District 38