On May 18, a judge overseeing the historic Yazzie-Martinez case ordered the New Mexico Public Education Department to take stock of the massive digital divide in the state and finally identify the roughly 76,000 students who lacked Internet connections they desperately needed for school.
One of PED’s responses was to create a Google survey for students and staff to fill out online, an action that left advocates and school leaders mystified. “It doesn’t make sense for a lot of different reasons — most of all because people who don’t have internet aren’t going to fill out an online survey,” pointed out Michael Noll, community schools coordinator at Peñasco Independent School District, whose students are among the plaintiffs in the suit. The survey is just the latest back-and-forth in a seemingly endless seven-year legal battle over inequitable education in New Mexico, where vulnerable students receive such an inadequate education that they’re in danger of being irreparably harmed, the First Judicial District Court found in 2108. The court has retained jurisdiction over the Yazzie-Martinez case ever since, to make sure the state implements a litany of comprehensive, mandated reforms.
Three years later, the state has barely made any progress, critics argue. They say the online survey reflected a broad lack of foresight and basic understanding, especially in light of the state’s long-standing problems with internet access, which vastly undercut students’ ability to learn after the pandemic struck and classes went online.