APS facing federal scrutiny for handling of disabled student

The federal government is investigating alleged discrimination by Albuquerque Public Schools against a student with a disability. The claim involves Michael Bruening, a 16-year-old autistic student who last saw an APS classroom in May 2015, according to his mother, Laura Gutierrez. The school district placed Bruening on homebound instruction, or education at home, but according to Gutierrez hasn’t done enough to support his educational development. Gutierrez, who said she does the bulk of instructing her son now, estimates he’s only attained education levels around the 6th or 7th grade. “I can’t teach him without him blowing up,” she said in a recent interview.

Campaign finance reporting changes prove controversial

On the surface, Secretary of State Maggie Toulouse Oliver’s proposed changes to campaign finance reporting rules appear to be a wonky topic. But to some outspoken opponents it’s a free speech violation. Burly Cain, the New Mexico state director of Americans for Prosperity, compared the proposed changes to forcing an 80-year-old woman to “wear an armband to say what she believes on her arm.”

Officials with the secretary of state’s office say they are simply attempting to update outdated sections of the state’s Campaign Reporting Act that are no longer legally valid after high-profile court decisions. This includes the state law definition of “political committee,” which is broadly defined as two or more people who are “selected, appointed, chosen, associated, organized or operated primarily” for influencing an election or political convention. This definition was found to be “unconstitutionally broad” in New Mexico Youth Organized v. Herrera, a 2009 court case, according to Secretary of State Chief Information Officer Kari Fresquez.

A Moral Choice: As pressure mounts, faith sustains veteran ABQ doctor who performs third-trimester abortions

If Curtis Boyd lives by one professional mantra, it’s this: Unless a woman has full autonomy over her body, she lacks full citizenship and lives instead as a second-class citizen. The controversial and celebrated abortion provider explains this thoughtfully on a hot, dry Fourth of July day in his Albuquerque office. A wiry man of 80 years, Boyd wears a gray surgical gown and says he’s working the holiday because the type of procedure that his clinic, Southwestern Women’s Options, is known for requires multiple days. The clinic sits near I-25 on Lomas Boulevard, a crowded east-west thoroughfare on the edge of downtown Albuquerque. Across the street looms a pink billboard paid for by the group Prolife Across America.

Boyd: Risks grew worse after Roe v. Wade

Though Dr. Curtis Boyd spent five years before Roe v. Wade risking time in jail and his medical license by performing abortions, he says things got worse after the landmark ruling legalizing abortion across the country. At first, he says the anti-abortion movement wasn’t given much credence. But he points to the election of Ronald Reagan and the Republican Party’s embrace of a stance against abortion access as a turning point. During the 1980s, Boyd says protesters often swarmed his car to block his exit from the clinic parking lot. His staff, eyewitnesses to the protests, would call the cops to intervene.

Audit finds city may have violated law with water deal

A special audit of the city of Jal found government officials in the southeastern New Mexico oil patch town gave “improper billings and adjustments” of more than $660,000 between 2008 and 2016. Those billings may violate New Mexico’s anti-donation clause, State Auditor Tim Keller concluded, which bars local and state governments from making donations to private individuals. The audit comes after NM Political Report and the Jal Record reported last September that city officials gave a local rancher a $1.2 million discount on commercial water use between August 2012 and April of 2014. At the same time, the city raised water rates on other customers. Jal officials also continued selling industrial water to the the Beckham Ranch, Inc., for six months after a ban on industrial water sales went into effect.

Feds to look into behavioral health services in NM

The federal government will take a look into New Mexico’s behavioral health services, according to the four Democratic members of the state’s congressional delegation. In a letter last month to Sens. Tom Udall and Martin Heinrich and Reps. Michelle Lujan Grisham and Ben Ray Luján, the federal Department of Health and Human Services Inspector General Daniel Levinson confirmed the upcoming review. “OIG will review the extent to which behavioral health providers are included in the States’ managed care plans and the types of care offered by these providers,” Levinson wrote in the June 28 letter.

Las Cruces legislator cites budget, jobs crisis for why he’s running for governor

Joseph Cervantes is the fourth Democrat to declare a 2018 run for governor. An attorney with a background in architecture, Cervantes has served in the state legislature representing Las Cruces for 16 years, first in the House of Representatives before winning an election in the Senate in 2013. Cervantes is considered a moderate Democrat from his time in the Legislature. He even once attempted to oust then-Speaker Ben Lujan with a coalition of Republicans and some Democrats. NM Political Report caught up with Cervantes just days into his campaign office to speak about how he wants to approach the state’s highest political office.

Special master: HSD staff shakeup needed to address SNAP problems

LAS CRUCES—A year-old scandal involving alleged systemic fraud with the state’s management of federal food aid benefits was the elephant in the federal courtroom Thursday. Both Kenneth Gonzales, a federal district judge, and Lawrence Parker, a court-appointed “special master” who is tasked with guiding the New Mexico Human Service Department (HSD) in its federal compliance with Medicaid and Supplemental Nutrition Assistance Program benefits, alluded to the scandal at the hearing. “What nobody wants to see, and you especially, is a culture that allows this to happen,” Gonzales told HSD Secretary Brent Earnest. Parker emphasized that “many of those same people” who were alleged in 2016 to have instructed HSD employees to falsify SNAP applications to meet federal quotas “are still in place” at the department.Parker raised the question of why the department’s management has largely remained the same since the shocking allegations of fraud came to light last year. More than once, Parker recommended a staff shakeup.

State makes ‘shockingly little progress’ in mending SNAP scandal

More than one year after three top state officials refused to answer questions in federal court about fraud allegations and nine months after a federal judge held their cabinet secretary in contempt of court, the state Human Services Department (HSD) appears to still be seriously mishandling how it processes federal benefits to New Mexico’s poor. This includes an apparent department directive instructing caseworkers to limit interviews with those enrolled in and seeking federal benefits and lie to their superiors about it. Now, the advocacy organization representing plaintiffs in a decades-long lawsuit against HSD is asking a judge to impose monetary sanctions on HSD and its secretary, Brent Earnest. The call for sanctions comes over the department’s alleged failures to meet federal guidelines on processing Medicaid and Supplemental Nutrition Assistance Program (SNAP) benefits. Update: Special master: HSD staff shakeup needed to address SNAP problems

Medicaid is the federal health care program for the poor while SNAP, formerly known as food stamps, provides federal food aid to the poor.

Two Iraqi refugees in NM helped the US military. Now they’re facing deportation

At least two Iraqi refugees in New Mexico could be deported following a recent repatriation agreement between the U.S. and Iraq. But the American Civil Liberties Union is attempting to prevent that from happening. The New Mexico chapter recently weighed in after the federal Immigration and Customs Enforcement (ICE) in Michigan detained nearly 100 Iraqi nationals. A federal judge in Michigan earlier this month temporarily blocked deportation of Iraqi nationals, whom the ACLU has argued would face danger if deported back to their country of origin. Monday night that same judge extended the stay against deportation to all Iraqi-born people affected across the country, including at least two in New Mexico.