MALDEF Statement on New Mexico’s Intention to Appeal Ruling in Landmark Education Case

LOS ANGELES — The New Mexico Public Education Department has publicly stated that it intends to appeal a court ruling that the state has failed to live up to its constitutional obligation to provide a sufficient education to all students and must implement a remedial plan by next April. Please attribute the following statement to Thomas A. Saenz, president and general counsel of MALDEF (Mexican American Legal Defense and Educational Fund):

CALIFORNIA SCHOOL OFFICIALS MAY NOT INDEFINITELY BAN PARENT FROM CHILD’S SCHOOL AS RETALIATION FOR FREE SPEECH OR WITHOUT OPPORTUNITY TO CONTEST

Sacramento, CA – In a ruling that recognizes the critical right of all parents to participate in their children’s education, a federal court today rejected Gustine, California school officials’ attempt to dismiss a Latina mother’s lawsuit challenging the school principal’s decision to ban her from campus after she sought to protect her son’s education. The court held that banning parents from school cannot be done in retaliation for exercise of free-speech rights. It further held that, under California law, no parental ban can extend beyond two weeks without providing the parent as chance at a hearing to contest the legitimacy of the ban.

Latina Mom Fights Ban from Her Son’s Campus

Lawsuit alleges that the principal of an elementary school in Merced County, California, violated a Latina mother’s constitutional rights by banning her from campus in response to criticisms of her son’s treatment in class.

CLOSING BRIEFS FILED IN LANDMARK EDUCATION LAWSUIT AGAINST STATE OF NEW MEXICO

Santa Fe, NM – Attorneys from MALDEF (Mexican American Legal Defense and Educational Fund) and the New Mexico Center on Law and Poverty (the Center) have filed closing briefs for their consolidated lawsuit (Martinez v. State of New Mexico and Yazzie v. State of New Mexico) against the State of New Mexico for its failure to provide all public school students a sufficient education as mandated by the New Mexico Constitution.