HomeMy WebLinkAbout08-03-2023 Ad Hoc Truth and Reconciliation Training MeetingAd Hoc Truth and Reconciliation Commission
Thursday, August 3, 2023
Training Meeting
5:00 PM — Assembly Room, Iowa City Senior Center
28 South Linn Street
AGENDA:
1. READING OF NATIVE AMERICAN LAND ACKNOWLEDGMENT
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3. HOW WILL WE DO IT?
A. ORGANIZATION OF HEARINGS: SELECTION OR INVITATION OF
STATEMENT — GIVERS, PREPARATION, AND PROCEDURE
B. ORGANIZATION OF HEARINGS: ENVISONING HOW THIS WOULD
LOOK IN IOWA CITY
C. STRATEGIC DOING PRIMER
4. PUBLIC COMMENT —ON ITEM #4 ONLY
If you prefer to participate remotely, the registration link for this meeting is below.
August 3, 2023, Zoom Registration Link
https://us06web.zoom.us/webinar/register/WN cMlaaV6cTxGwOIWu2-
hFHq#/registration
ID: 867 2424 8095
If you have no computer or smartphone, or a computer without a microphone, you can
call in by phone by dialing (312) 626-6799 and entering the meeting ID when prompted.
Individuals with disabilities are encouraged to attend all City of Iowa City -sponsored events. If you
are a person with a disability who requires a reasonable accommodation in order to participate in
these events, please contact the Office of Equity and Human Rights at 319-356-5022 or
humanrights(" )o.iowa-citV.orq.
Native American land Acknowledgement
Prepared for the City of Iowa City's Ad Hoc Truth and Reconciliation Commission and Human
Rights Commission
PURPOSE
Iowa City owes its existence to the many Indigenous Peoples who were the original stewards of this land
and who were subjected to manipulation and violence by non-native settlers, invaders, and governments
in order to make this moment possible. Acknowledgement of this truth is central to our work toward
reconciliation across all barriers of difference and injustice. Starting with a Native American Land
Acknowledgement, this Commission will bear witness to the legacies of violent displacement, migration,
and settlement that have marginalized those who were the first inhabitants of this land. We must also
address the mistreatment and exclusion that Native Americans continue to face today. The Ad Hoc Truth
and Reconciliation Commission and the Human Rights Commission encourage the community and City of
Iowa City to join us in these efforts through the use of a Native American Land Acknowledgement.
LAND ACKNOWLEDGEMENT
To be read at all public meetings and events:
"We meet today in the community of Iowa City, which now occupies the homelands of
Native American Nations to whom we owe our commitment and dedication. The area of
Iowa City was within the homelands of the Iowa, Meskwaki, and Sauk, and because
history is complex and time goes far back beyond memory, we also acknowledge the
ancient connections of many other Indigenous Peoples here. The history of broken
treaties and forced removal that dispossessed Indigenous Peoples of their homelands
was and is an act of colonization and genocide that we can not erase. We implore the
Iowa City community to commit to understanding and addressing these injustices as we
work toward equity, restoration, and reparations."
LEARN MORE
Native Governance Center Guide to Indigenous Land Acknowledgement
US Department of Arts and Culture: Honor Native Land Virtual Resources and Guide
Meskwaki Nation - History
Special thanks to the University of Iowa Native American Council for their work and guidance, as well as
members of the public, for their input.
Agenda Item #5
Iowa City Truth & Reconciliation Commission Training
Aug. 1-3, 2023
re w
Ow Day 11 Tuesday, August i: Who a e? �In
Time Topics/Details/Activity
5:00 pm
Session #1 - Truth commissions and political context
Dinner Break
Session #2 — Iowa City's truth commission and common language
Break
Closing Reflections
9:00 pm
Departure
Time
1.y 2 1 Wednesd. do
Topics/Details/Activity
5:00 pm
Session #3 — Strategic tools needed by the TRC
Dinner Break
Session #4 — Public engagement, facilitation, and participating in a
consensus process
Break
Session #5 — Comparative examples and definitions of public hearings and
public activities
Break
Closing Reflections
9:00 pm
Departure
lime
Day 3 1 Thursday,do
Topics/Details/Activity
5:00 pm
Session #6 — Organization of hearings: Selection or invitation of
statement -givers, preparation, and procedure
Dinner Break
Session #7 — Organization of hearings: Envisioning how this would look in
Iowa City
Break
Session #8 — Strategic Doing primer
Break
Closing Reflections
9:00 pm
Departure
The following documents were handed
out during the meeting.
Iowa City Truth and Reconciliation Commission Glossary (2023)
Developed by:
Think Peace
Truth and Conciliation Commission
Truth Telling Project
The definitions provided in this glossary are meant to distill complex ideas for public
communal use. Many of the terms have extensive etymologies and layered
operationalizations; thus, the definitions merely provide a common launching pad for
discussions germane to Iowa City's TRC process. Furthermore, this glossary, much like our
supplied Toolkit and resource lists, is emergent, constantly evolving, and being shaped by
the practice and work of truth telling and reparations occuring right now in communities
throughout the nation. We continue to create a community of learners and practitioners
between and among others engaged in truth telling processes in order to build a culture of
reparations that leads to reparative justice.
Critical Race Theory -an array of scholarship rooted in legal studies that examines how the
law upholds, if not advances, white supremacy across institutions and systems. CRT
decentralizes "whiteness" as the norm for the shaping of public policy and public opinion
and elevates lived experiences of racism to better understand prevailing racial oppression.
Decoloniality-The praxis of undoing, unbinding, physical, ideological, economic, and
ontological power dynamics and relationships of external and/or imperial interests from
nations, communities, and peoples once subjugated. Decoloniality "disobeys, and delinks
from [the colonial matrix of power], constructing paths and praxis toward an otherwise of
thinking, sensing, believing, doing, and living" (Mignolo and Walsh loc 194).
Diversity -the quantifiable presence, or lack thereof, of people in different and traditionally
underrepresented legally protected classes such as race, class, sex, disability and religion.
Equity -the allocation of resources and practices that accounts for historic, present and
future social determinants allowing for individuals and communities to best engage in an
organization, institution, or system according to their unique/specific needs.
Equality -purports to provide the same access to resources and experiences regardless of
one's social determinants.
Fact Finding -a formalized civil process of discovering quantitative and qualitative data
based on lived experiences, statements/testimonies of persons participating in truth -telling.
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aq; aalem o; alaon„eq; s;uamna;su[ lua[q;a pup lua[;[lod aq; aae s;g5[a uemnq - s4g21ll uemnq
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se flans su ,spaumo; aauaaanaa, pup AlluNlp uemnq s[ ainsul jo;aalgns iUeunad aqy •aapsnl
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uemnq ut pa;ooa anlen 2u[;ea[;uaq;ne;las a s[;l •smul pup sa;u;s uolluu puoAaq sao23uq;
suosaad;o Aipaues pup g;aona lu;uamupun; aq; uo paseq s[ 61lu2lp uemnll - hllu2lQ uumnll
have the obligation to implement guarantees of non -recurrence, that is institutional
reforms
to the institutions that committed the abuses. The forms transitional justice usually
takes
include truth commissions, the declassification of governmental archives, the search
for
missing persons, programs for reparation, prosecutions, vetting and reform of
institutions
like the judiciary and the security forces. These initiatives are typically possible
during
moments of political transformation, when a previous abusive regime or violent
confrontation has ended, which is why the concept received the "transitional'
qualification,
but there are cases in which these initiatives take place without the scenario of a
profound
political change.
Transformative Justfce-Transformative Justice (TJ) is a political framework and
approach for responding to violence, harm and abuse. At its most basic, it
seeks to respond to violence without creating more violence and/or
engaging in harm reduction to lessen the violence. TJ can be thought of as a way of
"making
things right," getting in "right relation," or creating justice together. Transformative
justice
responses and interventions 1) do not rely on the state (e.g. police, prisons, the
criminal
legal system, I.C.E., foster care system (though some TJ responses do rely on or
incorporate
social services like counseling); 2) do not reinforce or perpetuate violence such as
oppressive norms or vigilantism; and most importantly, 3) actively cultivate the
things we
know prevent violence such as healing, accountability, resilience, and safety for all
involved. (********trausformharm orgJtj resource jtransfarmative justice a brie
descriutionll
Peacemaking Circle -derived from aboriginal and native ways of being that utilize the praxis
of restorative justice, peacemaking circles counter punitive, victim/victimizer hierarchies
and dynamics in order to resolve conflict and harm. They bring together those who are
vested in healing, support, community building and relationship development. Critical to
peacemaking practices is the intention to focus on one's relationship with community and
not about "changing others."
This glossary has been developed for the 2023 Iowa City Truth Commission training purposes. Authorship should be attributed to
Think Peace, Truth and Conciliation Commission and the Truth Telling Project.
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aqj Aanuoa of pasn st „aoninanS„ pasn osle sl , mpatn„ piom aql Aqm st gaigm lssa ipa i
ajeladoadde ggnoaq; Muse alogm opew aq of sjggla q;im mijaln a st aoninans e'asuas le2101
e ul uollelolA agj;o saauanbasuoa almouoaaolaos pue leuot;oma 'leatsAgd aq; sau ma pue
sjg8ta le;uamepunj gaq;;o uotjelotn a ggnoaq; auo2 seq oqm uosaad leanwu daang-aontnanS
'a;a'Ajiitgejs quisnoq
'aSu'uot;eanpa'ssaaae al[uouoaa'aapualA'aaea se Bans 2jutaq s,auo;aedml;eq;'pajanajsuoa
pue pa;laagu[ q;oq'suot;ipuoa lejataos pue le;uawuoalnua aqy-sjueutmaa;au letaoS
•;eadaa-uou;o saa;ueaen2
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pue uotpetl[auoaaa pue q;naj uaaAnaq jutodpiw aq; a -le suot;eaedag maeq pue $ulop21uoam
ao; puame o; popua;xa Allilge;unoaae alwouoaa pue'letaos'lenjlatds aq;-suotjeaedall
•aatjsn[ and;eao;sac
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PUB paaao; aq l,uuj;i jnq'poullaut os a -le sallied aq;;l alglssod aq osie.few sao;eajadaad
PUB saapuejsAq 'saoninans uaamlaq uotjeiltauoaaa leuosaadaajut !Ajisaanip;o u014[u203aa pue
oaua;sixaoa;o swao; pug of aaa2e (saaKaew aaq;o pue Ajtalugja 'a2en2uel `uotvilaa) fQ!juapt
Aq pajeaedas sal;tunu[moa se aaeld a3le; few uotjelitauoaaa leunmmoaaa;ul !jatj;uoa aztleull
o; 2unlem-jaed ggnoagj sajtla le;alaos uaam;aq anaao Auto uoRelllauoaaa leaf;llod :slanal
leaanas je anaao uea uopelllauoaajl •paaolsaa St 4ueu9noa/juamaaa2e leunmum paaaes
pue juamumtle ul;as aae spaoaaa pa;ndsip gatgm Aq juawom pue ssaaoad aqj-uoljelllauoaag
•aamod o; ssaaae Aq palaoddns Allea2alul pue paztleumin;l;sul 'sno[pisul
st mst:)uH •wstaea aanpoad jou soop auole saalpnlaad letaea :aamod alwa;sAs Aq palaoddns ao
ulq;im 2mpeaado pue aaea jo lanajsuoa aql ui pa;ooa saatpnfaad jo uotjelsajtuew aql-ms[aeg
•jaedwt a[wouoaa'leam od'letaos lueat;tugis seq jnq'aauapina alitluatas Aq
polaoddns;ou s[;egj a3uaaa331p uewnq;noge eapt ue st;l •saauaaajjlp leat2folotq/lealwo;eue
pantaaaad uo paseq sdnoaS ojut slluiaq uemnq saztao2olea jet;;ana;suoa lelaos a-aaeg
•leuognj[;sut ao/pue pazileuaajut'leuosaadaalm
se s;sa;tuew uolssaaddo •saagjo. of popua;xa salsa;anoa pue sjgNla `sal;tun;aoddo
'saaanosaa o; ssaaae alge;inbaui ao patuap;o aaualaadxa leanjana;s-uolssaaddo
•;t woa; 2ul;gauaq sdnoa2 pue lenpiniput
aqj of snonatdsuoaut uaj)o St 02?011ntad •saaglo jou pue awos ao; uado Allealjewojne
legl scoop leuo[;n;l;sut pue lelaos aqy •saaq;o o; palumd jou lnq lenpinipafl ao dnoa2 a o;
popua;xa sa[sajanoa pue's;g2[a'salltunjaoddo'sage;uenpe pauaeaun aq; sagtOis-021911n[ad
Truth Commission -A formalized body, either judicial or non -judicial, tasked with
discovering, examining, and revealing past mass civil and/or governmental
harms/wrongdoings/human rights abuses in hopes of rectifying, redressing, reconciling and
preventing such abuses in the present and future.
Truth Telling -truth telling is an authentic, culturally -rooted process of reclaiming one's
voice. It is a process by which individuals are able to record testimonies and impacts about
past and current actions/experiences pertaining to their culture, heritage, individual and
communal lives. Truth telling as a decolonial practice can be seen as a public pedagogy that
also addresses historical harms.
Victim- According to international human rights law, victims are persons who individually
or collectively suffered harm, including physical or mental injury, emotional suffering,
economic loss or substantial impairment of their fundamental rights, through acts or
omissions that constitute gross violations of international human rights law, or serious
violations of international humanitarian law. Where appropriate, and in accordance with
domestic law, the term "victim" also includes the immediate family or dependants of the
direct victim and persons who have suffered harm in intervening to assist victims in distress
or to prevent victimization. The condition of being recognized as a victim does not depend
on the perpetrator being identified, apprehended, prosecuted or convicted.
White Supremacy -a psychological, ideological, political, and economic construct and system
based upon the perceived superiority of those identifiably white. It is a construct that
centers and prioritizes the identity, positions, and experiences of those understood as white
while simultaneously ignoring, denigrating and/or exploiting the identities, positions, and
experience of those who are not understood as white.
Witness -one who listens to, reflects upon and honors the testimonies/statements in the
process of truth telling.
This glossary has been developed for the 2023 Iowa City Truth Commission training purposes. Authorship should be attributed to
Think Peace, Truth and Conciliation Commisvon and the Truth Telling Project.
Resources:
George, Janel. "A Lesson on Critical Race Theory." Human Rights Magazine. 46.2 Civil Rights
Reimagining Policing. American Bar Association (website) 2021.
*********** ainericanbar orgJgrouns CrA u� lications/human rights maeazino hom
e/civil rights reinxagining-nolicin /a-lesson-on-critical-race-theorvJ
Gonzalez, Eduardo and Howard Varney, eds., "Chapter 2: What are Truth Commissions?"
Truth
Seeking: Elements of Creating an Effective Truth Commission. Brasilia: Amnesty
Commission of the Ministry of Justice of Brazil; New York: International Center for
Transitional Justice 2013. ***********ictj org/sitesJdefault/files(ICTI-Book-Truth-
eeking-Chanter2-2013-English.pdf
Oakland Unified School District. "Peacemaking Circles." (website)
***********ousd orglctns 1ib07/CA01001176/Centricity/Domain/97/PeacemakingCi
rcles.pdf
OHCHR: Transitional Justice and Human Rights. United Nations (website)
*********** ohchr org/en/transitional-
)_ustice# text-Transitional%20justice°/n20alms°120to%20providc tlae°1o20nreventi
on%20 of%20new°Li,20yiolations
Rose, Stephany. Recovering from Racism: A Guidebook to Beginning Conversations.
For Our Children's Children Enterprises. 2015.
*********** amazon coA Recovery-Racism-Guidebook-Beginning-Gonversations-
ebook/du /B015MIiI2YE
This glossary has been developed for the 2023 Iowa City Truth Commission training purposes. Authorship should be attributed to
Think Peace, Truth and Conciliation Commission and the Truth Telling Project.
kkl
le
OMW
Facts, Facilitations, and
Finding Consensus
Dr. Larry Schooler
Kearns & West
August 1-3, 2023
August 2, 2023
2
Reflect.
What did you learn yesterday that
surprised you?
What did you hear from fellow
Commissioners or facilitators that
gave you pause?
What questions do you want
answered today related to
Fact-finding
Facilitation
Consensus-Building
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Iowa City Truth and Retundhation Commission
3
Agenda
What have we learned?
What do we want to learn?
How should we undertake "fact-finding?"
• In what ways do we want facilitation to help us do our
work?
• What helps generate consensus?
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ` ----------
August 2, 2023 Iowa City Truth and Reconciliation Comntission
.August_._0_3
4
Reflections and
questions
(Larry will insert notes here)
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Iowa City Truth and Recondhation Commission
Just the facts(?)
Fact -Finding Goals, Aspirations, Challenges,
and Key Considerations
What should we track?
August 2, 2023
Food Insecurity by Race and Ethnicity
Reveals Stark Disparities
Households that lacked access to adequate food at some point in the year
30%
25
Other race
20 Black
All households AIAN
15 Hispanic
10 ""'
White
S N HAAP I
0 '10 '11 '12 '13 '14 '15 '16 '17 '18 '19 '20 '21
Note: Other race - people who are more than one race. AIAN - people who are American
Indian or Alaskan Native. NHAAPI = people who are Asian, Hawaiian, or Pacific Islander.
Hispanic people may be of any race. Race and ethnicity for the household are based on that
of the household reference person (in whose name the housing unit is owned or rented).
Source: U.S. Department of Agriculture, Current Population Survey Food Security Supplement
2010-2021
CENTER ON BUDGET AND POLICY PRIORITIES I CBPP.ORG
Iowa City Truth and Remndhation Commission
Racial disparities in incarceration rates, 2021
Number of people meorceraad in loceljails and prisons per rao,000 people in each radO or elhNccatgory
PRISON JAIL
Pot 523
Black AVAN' Hiapenie W ib Ad..
Black AI/AN' Hiapenic W .L Aaian
'.won.., mamryasec, x.me PRISON
9 ..:me-o orvugi-%*me,✓o(I`—.11. sov. x.WN S soa Pi—msOs,. reme5 roucr iNiMrnf
Key questions
Where can we go for How should we present the
What do we want to know? information? data?
What context should we have as What else should we consider?
we search for the facts and
review them?
August 2, 2023 Iowa City Truth and Retundhation Commission
Possible topics
Unemployment, professional
Stops, arrests, conviction rates, development, poverty, small
sentencing business investments
Representation in elected and
appointed office
Rates of disease, causes of death Rates of home ownership,
homelessness
August 2, 2023 Iowa City Truth and Retundhation Commission
Fact-finding
Facilitation
August 2, 2023 ity Truth and Reconciliation Commission
Augusc 2, 2023
Thoughts on facilitation
• `Do not search for the truth; only cease to cherish
opinions." (wandering Buddhist monk)
• A facilitator only helps all Creatures to find their own nature,
but does not venture to lead them by the nose." (Lao Tzu)
• "The role of a facilitator is to present to the people, in a
challenging form, the issues they themselves have raised in a
confused farm." (Mao Zedong)
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Iowa City Truth and Reconciliation Commission
Facilitate
[ fuh Sil-i-teyt ]
verb (used with object), fa•cil•i•taved, fa•cil•i•tat•ing.
to make easier or less difficult; help forward (an action, a
process, etc.): Carefulplanningfacilitates anykind of work.
to assist the progress of (a person).
IOWA CITY TRUTH AND RECONCILIATION COMMISSION August 2, 2023 12
Facilitating means...
helping others make things happen
Facilitators take the
duties of being a
listener and an
expressive motivator
that provides a better
sense of achievement
to the people they
hope to influence...
August 2, 2023
Iowa City Truth and Recondhation Commission
WHAT IS GROUP
FACILITATION?
to all A group facilitator is a process in which
a person whose selection is acceptable
the members of the group, who is
substantively neutral, and who has no
substantive decision -making authority
diagnoses and intervenes to help a
group improve how it identifies and
solves problems and makes decisions,
to increase the group's effectiveness.
Iowa City Truth and Reconciliation Commission August 2, 2023
Neutrality
Facilitator. An individual who enables groups and organizations to work more effectively,
to collaborate and achieve synergy.
• A content-neuttal party
By, not takingsidesorexpressing oradvocating apoint ofview during the meeting,, can
advocate for fair, open, and inclusive procedures to accomplish thegroups work
A learning or a dialogue guide
Assists agroup in thinking deeply aboutits assumptions, beliefs, and values and about
its systemicprocesses and context
Source: Kaner, S.(2007) Facditato2s G de to Paztiapatory Deacon- Making. San Francisco: Jossey-Bass.
August 2, 2023 Iowa City Truth and Recontiliation Comn fission
A Good Facilitator
-BEFORE-
Prepares
Begins work well before the meeting with thorough, meticulous preparation and a clear
understanding ofthe participants and questions the community -needs to answer.
DURING -
• Sets the tone
Focuses substantial mergyon the opetimgmoments ofthe session, setting a tone that will perrrade
the discussion.
AFTER-
• Establishes clear expectations moving forward
As the meeting winds down, ensures that the group understands and feels comfortable with its
decisions andknows the courseitintends to take after the meeting ends.
Source 3choolu, L. (m10). The public in public polity: k p m a succmdul community mmfing. Fort Lerudu"er Plodder: Nova S urhm m Univ V.
August 2, 2023 Iowa City Truth and Returtobation Covunissim
16
v
Approaches to meeting process
Agenda Y Y Maybe
Divergent/Convergent N Y Y
Thinking
Motions +
Amendments Y N N
Decision -Making Majority vote Consensus Loudest wins
August 2, 2023 Iowa City Truth and Retundhation Commission
Majority rule vs. consensus
Majority rule Consensus
Recorded votes can increase accountability - Takes longer to achieve
Efficient
Those voting "no" or against may feel
defeated, look for ways to reverse decision
later
August 2, W23
More durable
Iowa City Truth and Reconciliation Commission
is
19
10 ways to have a better conversation
Don't multitask - Be present
Don't pontificate - Enter every conversation open to learn something new
Use open-ended questions - What was that like? How did that feel?
Go with the flow
If you don't know, say that you don't know
Don't equate your experience with theirs
• It's not about you
• Conversations are not a promotional opportunity
Try not to repeat yourself
Stay out of the weeds
LISTEN
Be brief
August 2, 2023 Iowa City Truth and Reconciliation Conintissim
August 2, 2023
Helping bring about
consensus
• What you think will work, rather
J than why something won't work
• Seek to understand, rather than
persuade
• Indicate what (beyond your top
choice) you can support
--------------------------------------------------------------------------------------------------------------------
Iowa City Truth and Reconciliation Commission
a
Facts, Facilitation,
and Finding
Consensus
August 2, 2023
Define what you want to know and why, and where to look
Ask your facilitator for what you need (meeting design, agenda
development, activity curation, conflict resolution)
Be transparent about whether you can' live with" or accept a decision —
and what it would take to get you on board if you cannot accept it.
Iowa City Truth and Recondhation Commission
21
22
"You can't change what
you don't aclmowledge."
Thank You
Dr. Larry Schooler
Lschooler(o,kearnswest. com
(512) 982-6099 "we shouldreconsider whether
methingwe hope to adueve is
truly irp ssbk, or whaher
additional effort and assistance
would help us adrieve the
audaciousgoat"
August 2, W23 Iowa City Truth and Reconciliation Comndssion
"The
shining
spark
of truth comes forth
only
after the
clash
of differing
opinions"
STATE OF MAINE
Department of
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Truth & Reconciliation
What We Do
Programs Events a Resourtes Truth Telling wabanaki wellbeing
Permanent
Commission
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Search Site
Welcome to The Permanent Commission on the Status
of Racial, Indigenous & Tribal Populations website.
No matter what we look like or where we come from, most
Maine people believe everyone deserves the some chance to
live life the way it should be. But there have always been those
who use fear to divide us based on race, gender, orientation, or
where we're from to keep us from working together for abetter
future for everyone. For far too long, Maine has allowed the
institutions and racism that drive disparities to continue. From
our hometowns to the State House, to the halls of Congress, we
can join together to right these wrongs and make this a place
where all Maine families can thrive.
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law and poverty
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YAZZIE/MARTINEZ V. STATE OF NEW MEXICO
Yazzie/Martinez v State of New Mexico Decisio
What has happened? tllz
Families and school districts, represented by the New Mexico Center on Law and
Poverty and the Mexican American Legal Defense and Educational Fund, sued the New
Mexico Public Education Department (PED) and the state legislature for failing to
provide a sufficient and uniform system of education to all New Mexican students as
guaranteed by the education clause of the New Mexico State Constitution.
The consolidated lawsuit, Mortinez/Yozzie v. State of New Mexico challenged the state's
failure to provide students --especially low-income, students of color of color (61%
Latino, 11%Native American, 2%African American and 1%Asian American), English
language learners, and students with disabilities --the programs and services necessary
for them to learn and thrive and challenged the state's failure to sufficiently fund these
programs and services.
the legal Outcome:
On July 20, 2018, Judge Sarah Singleton ruled that all New Mexico students have a right
to be college and career ready and that the state is failing to meet this obligation. As
evidence, the judge pointed to New Mexico's low graduation rate (70%--the lowest in
the nation), low proficiency rates in reading and math (70%of New Mexico students
cannot read or do math at grade level), and high rates of college remediation (almost
50%who do attend college need remedial courses).
Judge Singletons Ruling:
The state has failed to comply with state and federal laws regarding the education of
students of color and ELL students, including the New Mexico Hispanic & Indian
Education Act, and Bilingual Multicultural Education Ad, which has resulted in an
inadequate education system for New Mexican students.
In violation of the state constitution, the state has failed to provide students with the
programs and services that it acknowledges prepare them for college and career:
- Quality Pre-K & K-3 Plus - Culturally and Linguistically Relevant Education
- Small Class Sizes -Dual Language
- Extended Learning -Social Services
- Sufficient funding for Teacher Recruitment, Retention, and Training
Id"WA
Lack of funds Is not an excuse for denying New Mexico's students a sufficient education.
The state must come up with the necessary funding to meet New Mexico students' right to
a sufficient education.
The FED has failed to meet its oversight functions to ensure that all students are receiving
the programs and services they need.
The state has until April 15 2019 to take immediate steps to ensure that New Mexico
schools have the resources necessary, including sufficient funding, to provide all students
with a uniform and sufficient education that prepares them for college and careers.
The Impact!
This consolidated lawsuit has the leverage to transform the education of our children and
future generations by acknowledging the cultural and linguistic abilities that many of our
students come with!
Indian Education Act
Implementation
Summary
No
New Mexico's Indian Education Act, passed in 2003 and updated in 2019, lays
out goals and requirements for providing Native American students an equitable,
culturally relevant education through collaboration between
The Evaluation: Quick tribes, schools, and the state. However, Native American
Response Review of students, who make up 10 percent of enrollment in New
Implementation of Indian Mexico's public schools, continue to perform well below their
Education Act (March 2006) peers on state and national measures of achievement, and
examined the provisions and state courts have ruled Native American students are not
implementation of the state
Indian Education Act. The receiving a sufficient and equitable education in the Martinez -
program evaluation found the act Yazzle consolidated lawsuit.
to be "vague, overly ambitious, The state is investing significant financial resources in
and extremely difficult to
implement." Nineteen of the addressing these shortcomings, with state funds conservatively
report's 26 recommendations, or making up $90 million of $147 million in combined state and
73 percent, have been federal funds available in FY21 for districts, charter schools, and
completed or are in progress. institutions of higher education to devote to purposes aligned
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