SANTA FE, N.M. (AP) — A lawsuit that could upend the way New Mexico's public schools are funded was headed to trial Monday to resolve accusations that the state is failing to meet constitutional obligations to provide essential educational opportunities to all students.
Parents, school districts and advocacy groups allege that New Mexico's education system isn't meeting its responsibilities for Native American students, low-income students and those learning English as a second language.
Education officials under Gov. Susana Martinez say spending is more than adequate, and that the state has added specialized programs to help struggling students while holding teachers and school leaders more accountable for students' academic progress.
Courts in several states are being called upon to shore up funding for public schools, amid frustration with elected officials over state budget priorities and the quality of education.
The New Mexico case merges two lawsuits brought against the state on behalf of parents of public school students, from metropolitan Albuquerque to rural Zuni Pueblo. They're being represented by attorneys with the New Mexico Center on Law and Poverty and the Mexican American Legal Defense and Educational Fund.
The plaintiffs argue that New Mexico does not equitably provide enough funding or enrichment opportunities to all students, despite constitutional guarantees to a free, uniform and sufficient public school system for all school-age children. Attorneys assembled state testing data to show that the majority of Native American students fail to meet grade-level proficiency in math and reading.
In a pre-trial ruling, Judge Sarah Singleton said the plaintiffs will have to do more than showcase abysmal test scores to prove that the state is violating constitutional guarantees to sufficient funding.
Plaintiffs of the lawsuit say public schools are underfunded by hundreds of millions of dollars each year. As they struggle with some of the nation's highest childhood poverty rates, New Mexico's school districts rely almost entirely on state funding for educational programs with some federal aid.
The lawsuit threatens to wrest control of public school funding away from the Legislature and New Mexico Public Education Department, over objections from fiscally conservative lawmakers and the governor.
Criticism of New Mexico's education system has spanned the tenures of governors from both sides of the political aisle.