Microsoft Word - Contreras_Page Proof_Final.docx http://amaejournal.utsa.edu ISSN: 2377-9187 Volume 13 Issue 3 2019 AMAE Invited Special Issue Education, Law and the Courts: Communities in the Struggle for Equality and Equity in Public Education Guest Editors E. Diane Torres-Velásquez David G. Hinojosa The University of New Mexico Lawyers’ Committee for Civil Rights Under Law Cristóbal Rodríguez Marissa Bono Howard University VIA Metropolitan Transit, Formerly with Mexican American Legal Defense and Educational Fund Editors Patricia Sánchez The University of Texas at San Antonio Antonio J. Camacho AMAE, Inc. Associate Editors Julie L. Figueroa Sacramento State Lucila D. Ek The University of Texas at San Antonio Association of Mexican American Educators Journal A peer-reviewed, open access journal http://amaejournal.utsa.edu/ Contreras Association of Mexican American Educators (AMAE) Journal © 2019, Volume 13, Issue 3 97 Examining College Readiness among Latinx and Native American Students: Education as a Civil Right in the case of Martínez v. State of New Mexico Frances Contreras, Ph.D. University of California, San Diego Abstract This article examines college readiness indicators among Latina/o/x student and Native American students in New Mexico public schools. This analysis, used in the successful Martínez v. New Mexico (2018) case, highlights the disparate levels of access to curricular resources across 15 school districts in New Mexico. Utilizing secondary data from several sources, a story of uneven access and inequity in New Mexico’s in public schools is conveyed. DOI: http://dx.doi.org/10.24974/amae.13.3.454 Examining College Readiness among Latinx and Native American Students Association of Mexican American Educators (AMAE) Journal © 2019, Volume 13, Issue 3 98 Introduction Education is critical for economic and social mobility in the United States and is seen as an equalizing tool for successful integration into the social fabric of this country for groups that have limited generational mobility or migrate to the United States with limited resources. It is even more pressing for students from first-generation, low-income, English Learner status, and diverse backgrounds to have access to educational resources, in an effort to offset the generational poverty that persists among the working poor across the United States and specifically within Mexican American/Latino/x,1 American Indian, and African American communities (Contreras, 2011; Gandara & Contreras, 2009). In the case of Martínez v. State of New Mexico (2018), I served as an expert witness in the area of college readiness. This article highlights the key arguments used in the case to establish the overarching claim that New Mexico’s public education system was failing to provide sufficient educational resources to prepare its Latino/a/x and Native American students for postsecondary opportunities. According to Complete College America (2012), a national campaign to raise college transition and completion, students in New Mexico are below the national average in college readiness and transition rates. For example, 59.4% of American Indian students and 68.4% of Latino students in New Mexico in 2012 that transitioned to a two-year college needed remediation, compared to 48.5% of White students. Latinos also have the highest rates of remediation among students transitioning to a four-year institution in the state. Over 16% of Latino students that enrolled in a four-year university in 2012 required remediation compared to 7.6% of Caucasians (Complete College America, 2012). It is no wonder then, why New Mexico experiences low college completion rates among college goers. The largest degree production that occurs among the Latino students in higher education is among students earning either a certificate (n=2,879) or an associate’s degree (n=4,285). These degrees accounted for over 60% of all degrees earned by Latinos in New Mexico in 2015. Background The status of public education in New Mexico is among the lowest across fifty states, with the overall state of well-being for New Mexico’s children ranked number 49 out of the 50 states on key indicators such as economic well-being, education, health, and family and 1 The terms Latinx and Latina/o/x are used interchangeably throughout the article. Latinx is an inclusive umbrella term that applies to the broader Latino community in the United States. Contreras Association of Mexican American Educators (AMAE) Journal © 2019, Volume 13, Issue 3 99 community (Kids Count, 2015). Children in New Mexico live in households that have economic challenges, low parent education levels, systemic barriers to resources, and generational poverty. As a result, less than one third of all adults in New Mexico (29%) have earned an associate degree or higher (Complete College America, 2011). Families in New Mexico, however, are employed, but they represent the working poor, with over 42.8% of the working families in New Mexico living below the 200% federal poverty line in 2012 (Casau, 2014). An additional 16% of working families were 100% below the federal poverty line in 2012, the highest across all fifty states in the country (Casau, 2014). The level of economic depression that exists in a household ultimately impacts the resources families can dedicate to school enhancing activities such as purchasing books, going to libraries and museums, enrolling children in extracurricular activities such as music lessons, or enrolling in high quality pre-K services (Gandara & Contreras, 2009). Because socioeconomic status is highly correlated with academic performance and outcomes, school systems in states like New Mexico play an even greater role in the lives of low- income children, as they work to close opportunity gaps that exist among low-income students and students from traditionally underrepresented backgrounds (Gandara & Contreras, 2009). Raising student achievement levels early in the K-12 schooling experience is therefore critical to mitigating long-term discrepancies in achievement between students from underrepresented backgrounds and their peers. Methods A total of 15 school districts in the state of New Mexico were examined utilizing statewide and national secondary data. To better understand the state of college readiness, select variables were examined from these specific school districts. The variables selected for this analysis are based on K-12 and higher education literature that has helped to frame and define college readiness in the field of education and among practitioners at both levels (ACT, 2014). Data sources therefore span a number of government, public and non-profit sectors, including: The Office of Civil Rights, The Institute for Education Sciences-the National Center for Education Statistics, the New Mexico State Department of Education, Annie Casey Foundation Kids Count Data system, New Mexico Higher Education Department, select institutional reports from universities in New Mexico, and select reports utilizing secondary data related to the state of New Mexico and the identified school districts from national Examining College Readiness among Latinx and Native American Students Association of Mexican American Educators (AMAE) Journal © 2019, Volume 13, Issue 3 100 sources such as The College Board, The ACT and Complete College America. In the absence of reliable state data, public data sources played a key role in this analysis and in the expert witness report. Limitation of the Data Perhaps the most difficult aspect of serving as an expert witness in this case was the limitations to the statewide data made available for analysis. The status of the data was extremely poor, with a lack of a clear codebook. The team of experts deemed the data largely unreliable and were forced to seek out national data sets from publicly available sources. This speaks to the critical importance of the Office of Civil Rights Data Collection (OCR data) and the need for federal accountability to states to maintain transparent and accurate public data systems on the students they serve and public that funds the statewide education systems. College Readiness Historically, there was no uniform definition of college readiness, many states as well as scholars have attempted to define parameters for college readiness, and the factors that promote the successful transition to college or professional/technical education. According to David Conley (2007): College readiness can be defined operationally as the level of preparation a student needs to enroll and succeed—without remediation in a credit-bearing general education course at a postsecondary institution that offers a baccalaureate degree or transfer to a baccalaureate program. Typically, students that are most prepared for college level coursework are the high achievers in high schools that take a series of rigorous courses, honors classes, Advanced Placement (AP) classes, participate in an intervention program such as GEAR UP, TRIO or Upward Bound, and have been engaged in the school and community in extracurricular activities, such as leadership in clubs, sports, playing an instrument, etc. (Gandara & Contreras, 2009; Marsh & Kleitmann, 2002). For youth who attend impoverished schools, where access to resources, a rigorous curriculum, or mentors and counselors may be limited, academic preparation plays an even greater role to ensure college readiness and transition (Valenzuela, 1999). College completion is widely considered the pathway to better jobs, healthier communities, home ownership, civic engagement and the middle class. Because New Mexico does not have a stated policy on college readiness, the state’s priorities for expanding educational opportunity and preparedness Contreras Association of Mexican American Educators (AMAE) Journal © 2019, Volume 13, Issue 3 101 through its public education system were unclear and undefined at the time the expert report was submitted for the case. However, given the new ESSA College Readiness guidelines, the state has a clearer approach to college readiness, articulated through the College and Career Readiness Bureau (New Mexico State Department of Education, 2019). For the purpose of this analysis, excerpts from the expert witness report are used to highlight select variables that were examined to understand the level of access that existed for students attending schools in the 15 school districts. In addition, contextual variables, such as pre-K enrollment, access to GATE (Gifted and Talented Education), enrollment in free/reduced lunch, discipline rates by type were also be examined to understand the district context, learning environments that existed, and potential limitations that begin early in the education system for Latino, American Indian, ELL and low-income students. The following variables were examined across 15 school districts. School Context Variables 1. State Grades assigned to districts 2. Percent Free/Reduced Lunch 3. Select Discipline Rates 4. GATE Enrollment 5. Teachers in Select School District College Readiness Indicators 6. Algebra I Enrollment 7. Algebra II Enrollment 8. Calculus Enrollment 9. Physics Enrollment 10. PARCC Assessment Results 11. Graduation Rates 12. AP Exam Enrollment 13. Dual Enrollment & Graduation Rates 14. SAT/ACT Enrollment (Record of Test-Taking) Figure 1. College readiness variables Several indicators for school context help to provide an overview of the overall climate for learning that exists in schools. The school context for learning represents the infrastructure that exists in schools and districts that either supports or inhibits student Examining College Readiness among Latinx and Native American Students Association of Mexican American Educators (AMAE) Journal © 2019, Volume 13, Issue 3 102 engagement, learning, and achievement. Select variables were used to assess the socioeconomic status, language learning needs, disciplinary climate, resources and access to gifted programs for high achievers, and the overall graduation rates across the fifteen school districts were examined. School Context Variables Examined 1. Overall District Grades 2. Percent Free and Reduced Lunch 3. The Plight of ELLs 4. Teachers & Principals by Race/Ethnicity 5. Discipline Rates—out of school suspensions 6. GATE Enrollment Figure 2. School context variables. The school context for learning is critical to understand, because it sets the pathway for student readiness, academic performance and socialization within K-12 school context, and ultimately college transition, preparation and readiness. Overall, the data examined shows very high percentages of the number of students eligible for both free and reduced lunch, which has implications for the dedicated resources for youth, such as school supplies, access to online resources and tools, access to external learning opportunities and extracurricular activities such as organized sports, music or art classes. Albuquerque, the largest school district examined for this report, has 62.6% of its students that are enrolled in the free/reduced lunch program, while other school districts, Zuni Public Schools, Magdalena Municipal Schools, have over 80% of their students enrolled in the free/reduced lunch program. Gadsden Independent Schools, that has a student population of 13,791 youth, has 92.5% of its students enrolled in this program. Conversely, Rio Rancho Public Schools was the only school district with less than half of its students enrolled in the free/reduced lunch program (42.7%). These rates of free and reduced lunch show the financial need that is prevalent in the school districts examined. Contreras Association of Mexican American Educators (AMAE) Journal © 2019, Volume 13, Issue 3 103 Table 1. Free/Reduced Lunch in Select School Districts, 2013-2014 (Percent) Total District Name Enrolled Free Eligible Reduced Eligible Free Reduced Free & Reduced ALBUQUERQUE PUBLIC SCHOOLS 87,296 47,885 6,744 54.9 7.7 62.6 ESPANOLA PUBLIC SCHOOLS 4,093 2,408 481 58.8 11.8 70.6 GADSDEN INDEPENDENT SCHOOLS 13,791 12,010 748 87.1 5.4 92.5 LAS CRUCES PUBLIC SCHOOLS 24,670 13,348 1,503 54.1 6.1 60.2 MAGDALENA MUNICIPAL SCHOOLS 376 292 16 77.7 4.3 81.9 SANTA FE PUBLIC SCHOOLS 13,729 8,436 1,021 61.4 7.4 68.9 ZUNI PUBLIC SCHOOLS 1,292 976 141 75.5 10.9 86.5 CUBA INDEPENDENT SCHOOLS 574 376 68 65.5 11.8 77.4 GALLUP MCLINEY COUNTY SCHOOLS 11,811 8,752 1,109 74.1 9.4 83.5 GRANTS-CIBOLA COUNTY SCHOOLS 3,622 2,365 349 65.3 9.6 74.9 HATCH VALLEY PUBLIC SCHOOLS 1,414 1,292 57 91.4 4.0 95.4 JEMEZ VALLEY PUBLIC SCHOOLS 342 259 35 75.7 10.2 86.0 LAKE ARTHUR MUNICIPAL SCHOOLS 143 93 33 65.0 23.1 88.1 MORIARTY-EDGEWOOD SCHOOLS 2,738 1,441 206 52.6 7.5 60.2 SANTA FE PUBLIC SCHOOLS 13,729 8,436 1,021 61.4 7.4 68.9 RIO RANCHO PUBLIC SCHOOLS 17,305 5,980 1,411 34.6 8.2 42.7 Source. New Mexico State Department of Education. Participation in GATE Programs Gaps in GATE (Gifted and Talented Education) identification, enrollment and participation are well documented between African American, Mexican American, and American Indian students compared to their White and Asian American peers in the education system (Bernal, 2002; Darling-Hammond, 2010; Ford & Harris, 1999; Ford, Harris, Tyson, & Trotman, 2002; Grantham, 2003; Lee, Matthews, & Olszewski-Kubilius, 2008; Worrell, 2007). Students from historically underrepresented communities (Mexican/Latino, American Indian, African American) are less likely to be selected by their teachers or school staff to participate in GATE programs due to teacher biases toward race/ethnicity and gender, low school performance, or perception of ability. In addition, researchers have found that teacher’s attitudes and understanding of culturally diverse learners plays an important role in the selection of these students for special programs (Ford & Harmon, 2001). As a result, teachers play a gatekeeping function, with the ability to provide or deny access to programming for gifted Examining College Readiness among Latinx and Native American Students Association of Mexican American Educators (AMAE) Journal © 2019, Volume 13, Issue 3 104 learners in school contexts (Bernal, 2002). The data for New Mexico was lower than the national average, which consists of all states with less Mexican American/Latino and American Indian students enrolled in its K-12 schools. In 2011-12 Latinos represented 5% while American Indian students constituted 6% of students in the nation enrolled in GATE programs. In a state with a high concentration of Mexican American and American Indian K-12 students the fact that the representation in GATE is below the national average suggests that teachers may be less likely to refer and identify their American Indian and Mexican American/Hispanic students for Gifted programming within their schools. To provide an example of the disparity in GATE enrollment, all 15 focus districts were examined using the Office of Civil Rights data set for 2009-2010 and 2011-2013 and found to have smaller proportions of Latino students enrolled in GATE compared to their district composition. Tables 2 and 3 provide an overview of GATE enrollment in select districts Table 2. GATE Participation Rates by Race/Ethnicity, Martínez Focus Districts, 2009-2010 & 2011-2012 (Percent) District Total n African American American Indian Asian American Mexican/ Latino White 2009 2011 2009 2011 2009 2011 2009 2011 2009 2011 2009 2011 Albuquerque 5405 5571 2.6 2.1 2.8 2.6 5.1 4.8 35.1 44 54.5 41.2 District 90375 88518 4.1 2.3 5.2 3.9 2.4 2.2 58.7 66.4 29.6 22.1 Espanola 25 82 0 2.4 0 4.9 0 4.9 80 78 20 9.8 District 4210 4111 .4 .9 7.2 6.8 .6 .8 89.4 87.3 2.4 4.1 Gasden 270 254 0 0 0 0 0 1.6 92.6 89.8 7.4 8.7 District 13955 14152 .1 .3 .1 .1 .1 .2 96.3 96.3 3.3 3.1 Las Cruces 1545 1919 1.9 2.3 1.0 1.7 3.9 4.4 46.9 49.2 46.3 42.2 District 24970 24667 2.6 2.6 .9 1.0 1.3 1.1 71.9 74.2 23.2 20.7 Magdalena NA NA NA NA NA NA NA NA NA NA NA NA District NA 385 NA 2.6 NA 46.8 NA 0 NA 28.8 NA 21.8 Santa Fe 310 425 1.6 1.4 3.2 3.8 3.2 4.2 33.9 23.8 58.1 66.4 District 12550 12471 1.0 1.1 2.5 2.8 1.5 1.5 76.8 70.3 18.2 23.7 Zuni NA 4 NA 0 NA 100 NA 0 NA 0 NA 0 District NA 1283 NA .2 NA 98.8 NA .7 NA 0 NA 0 Note. This table represents select Race/Ethnic categories; not all classifications. Source. Office of Civil Rights Data Collection, 2009, 2011. NA—Not available in Office of Civil Rights Data System for this year. For Magdalena School District, only select variables were submitted for the district. GATE enrollment was not included. The Albuquerque data shows the disconnect between the composition in the district and enrollment in GATE. This pattern is evident across all of the districts examined. These Contreras Association of Mexican American Educators (AMAE) Journal © 2019, Volume 13, Issue 3 105 findings are consistent with national research on the underrepresentation of Latino students in GATE programs in part due to teacher nomination, parent understanding and advocacy for GATE testing or failure to test Mexican Americans and Latinos for GATE altogether (Bernal, 2002). For American Indian students in Albuquerque School district, the data also shows disproportionality with the district composition. These data suggest that teachers are not likely to recommend the Mexican American/Latino students for gifted programs in comparison to other groups. In 2009-10 and 2011-12 school years, White students were enrolled in GATE approximately three times their proportion in the district. The GATE data conveys the uneven reporting that exists across the districts examined. For the districts that did possess data on GATE enrollment, such as Grants-Cibola, a clear divide exists between the American Indian and Table 3. GATE Participation Rates by Race/Ethnicity, Yazzie Plaintiff Focus Districts, 2009-2010 & 2011-2012 (Percent) District Total n African American American Indian Asian American Mexican/ Latino White 2009 2011 2009 2011 2009 2011 2009 2011 2009 2011 2009 2011 Cuba NA NA NA NA NA NA NA NA NA NA NA NA District NA 543 NA 0 NA 62.4 NA 1.1 NA 32 NA 4.4 Gallup- McKinley 400 NA 1.3 NA 52.5 NA 5 NA 17.5 NA 23.8 NA District 12510 NA .3 NA 80.6 NA .9 NA 12 NA 6.2 NA Grants- Cibola NA 79 NA 2.5 NA 27.8 NA 2.5 NA 26.6 NA 40.5 District NA 3667 NA 1.1 NA 41 NA .5 NA 40.1 NA 17.2 Hatch Valley NA 10 NA 0 NA 0 NA 0 NA 80 NA 20 District NA 1431 NA 0 NA .1 NA 0 NA 93.5 NA 6.4 Jemez Valley NA 10 NA 0 NA 0 NA 0 NA 40 NA 60 District NA 551 NA 0 NA 71.1 NA .7 NA 18.7 NA 8.2 Lake Arthur NA 2 NA 0 NA 0 NA 0 NA 0 NA 100 District NA 140 NA 1.4 NA 0 NA 0 NA 75 NA 23.6 Moriarty 220 164 4.5 4.9 0 1.2 2.3 2.4 22.7 31.7 70.5 59.8 District 3335 3202 1.6 1.9 2.1 2.3 .9 1.0 38.1 41.6 57.3 53.2 Rio Rancho 695 753 2.9 3.3 2.2 2.9 4.3 4 23.7 27.5 66.9 59.4 District 16750 16795 4.8 3.5 4.2 3.7 2.9 2.1 42 46.6 46.1 42 Source. Office for Civil Rights Data Collection, District Profiles, 2009-2010 and 2011-2012 school years. NA—means that data was not reported or available for this data point for that year. divide exists between the American Indian and Latino students that are identified and enrolled in GATE despite the fact that these two groups represent the largest concentration of students Examining College Readiness among Latinx and Native American Students Association of Mexican American Educators (AMAE) Journal © 2019, Volume 13, Issue 3 106 in the district. Preparation: Access to College Readiness Curriculum Access to a rigorous curriculum in middle school and high school are critical components of college readiness (Contreras, Flores, Lee, McGuire, 2011). This section highlights access to specific STEM related courses as collected by the Office of Civil Rights for the Department of Education. The courses reviewed for access during the 2009-10 and 2011- 12 school years include Algebra I, Calculus, and Physics. STEM courses were selected because gaps in performance are greatest in Math achievement between underrepresented students and their Asian American and White peers. In addition, students who took Algebra I, Algebra II, Geometry, Trigonometry, or Calculus in high school scored significantly higher than those who did not take these STEM courses in high school (ACT, 2016). Access to Algebra I and Calculus is discussed here. Table 4. Algebra I Enrollment by 7th or 8th grade by Race/Ethnicity in MALDEF Focus Districts, 2009-2010 & 2011-2012 District Total n African American American Indian Asian American Mexican/ Latino White 2009 2011 2009 2011 2009 2011 2009 2011 2009 2011 2009 2011 Albuquerque 1415 1757 2.8 1.8 3.2 2.3 6.4 5 44.2 53.2 43.5 33 District 90375 88518 4.1 2.3 5.2 3.9 2.4 2.2 58.7 66.4 29.6 22.1 Espanola NA 53 NA 0 NA 0 NA 0 NA 92.5 NA 3.8 District 4210 4111 .4 .9 7.2 6.8 .6 .8 89.4 87.3 2.4 4.1 Gadsden Independent 195 199 0 0 0 0 0 0 94.9 88.4 5.1 11.6 District 13955 14152 .1 .3 .1 .1 .1 .2 96.3 96.3 3.3 3.1 Las Cruces 310 390 3.2 4.9 0 1.5 4.8 2.1 46.8 53.3 45.2 38.2 District 24970 24667 2.6 2.6 .9 1.0 1.3 1.1 71.9 74.2 23.2 20.7 Magdalena Municipal NA 13 NA 0 NA 30.8 NA 0 NA 30.8 NA 38.5 District NA 385 NA 2.6 NA 46.8 NA 0 NA 28.8 NA 21.8 Santa Fe 205 385 0 2.1 2.4 3.1 0 2.1 73.2 63.4 24.4 28.8 District 12550 12471 1.0 1.1 2.5 2.8 1.5 1.5 76.8 70.3 18.2 23.7 Zuni NA NA NA NA NA NA NA NA NA NA NA NA District NA 1283 NA .2 NA 98.8 NA .7 NA 0 NA 0 Source: Office for Civil Rights Data Collection, District Profiles, 2009-2010 and 2011-2012 school years. NA—means that data was not reported or available for this data point for that year. Few students appear to be enrolled in Algebra I by 7th or 8th grade based on the data from the Office of Civil Rights. What is also important to note in the data is the number of Contreras Association of Mexican American Educators (AMAE) Journal © 2019, Volume 13, Issue 3 107 “Not Available” data points, meaning the data provided to the Office of Civil Rights was not complete for both years across the districts examined. Algebra I access in middle school is considered an important predictor of high school and college readiness (Balfanz, 2009; Wiley, Wyatt, & Camara, 2010). The fact that the few students are taking this course level work and that these data have not been routinely reported to the Office of Civil Rights Data collection, shows the limitations of college preparation in middle school. The data for Calculus enrollment also shows very a smaller proportion of Latino students enrolled in Calculus (Table 5). Advanced math courses in high school are strongly considered for entrance into STEM majors in four-year colleges and universities and are routinely part of the rigorous curriculum students take to be competitive for highly selective colleges in the United States (Contreras, 2005, 2011; Gandara & Contreras, 2011). Previous research has found Latino students with limited access to advanced level math curriculum, which is a reflection of school resources and access to highly qualified teachers to offer advanced math courses in high schools. Table 5. Enrollment in Calculus, Select Martínez Plaintiff School Districts, 2009-10 & 2011-12 District Total n African American American Indian Asian American Mexican/ Latino White 2009 2011 2009 2011 2009 2011 2009 2011 2009 2011 2009 2011 Albuquerque 70 661 7.1 2.6 0 2.4 0 7.4 35.7 35.7 57.1 47.7 District 90375 88518 4.1 2.3 5.2 3.9 2.4 2.2 58.7 66.4 29.6 22.1 Espanola 10 8 0 0 0 0 0 0 100 50 0 50 District 4210 4111 .4 .9 7.2 6.8 .6 .8 89.4 87.3 2.4 4.1 Gadsden Independent 55 32 0 0 0 0 0 6.3 100 87.5 0 6.3 District 13955 14152 .1 .3 .1 .1 .1 .2 96.3 96.3 3.3 3.1 Las Cruces NA 23 NA 0 NA 0 NA 26.1 NA 26.1 NA 47.8 District 24970 24667 2.6 2.6 .9 1.0 1.3 1.1 71.9 74.2 23.2 20.7 Magdalena Municipal NA NA NA NA NA NA NA NA NA NA NA NA District NA 385 NA 2.6 NA 46.8 NA 0 NA 28.8 NA 21.8 Santa Fe 35 22 0 0 0 0 0 18.2 42.9 27.3 57.1 54.5 District 12550 12471 1.0 1.1 2.5 2.8 1.5 1.5 76.8 70.3 18.2 23.7 Zuni NA 5 NA 0 NA 100 NA 0 NA 0 NA 0 District NA 1283 NA .2 NA 98.8 NA .7 NA 0 NA 0 Source: Office for Civil Rights Data Collection, District Profiles, 2009-2010 and 2011-2012 school years. NA—means that data was not reported or available for this data point for that year. Examining College Readiness among Latinx and Native American Students Association of Mexican American Educators (AMAE) Journal © 2019, Volume 13, Issue 3 108 The data for select districts initially examined for the New Mexico Center on Law & Poverty,2 limited with many of these school districts having incomplete or no data to report. Much of the data was not reported for these districts, adding to the difficulty of assessing whether New Mexico is providing access to rigorous high school curricula in its public schools. In this case, the missing data also tells an important story, one of inaccurate reporting mechanisms to the federal government. Table 6. Enrollment in Calculus in Select Yazzie Plaintiff Schools, 2009-10 & 2011-12, (Percent) District Total n African American American Indian Asian American Mexican/ Latino White 2009 2011 2009 2011 2009 2011 2009 2011 2009 2011 2009 2011 Cuba NA NA NA NA NA NA NA NA NA NA NA NA District NA 543 NA 0 NA 62.4 NA 1.1 NA 32 NA 4.4 Gallup- McKinley 20 NA 0 NA 50 NA 0 NA 25 NA 25 NA District 12510 NA .3 NA 80.6 NA .9 NA 12 NA 6.2 NA Grants NA 17 NA 0 NA 23.5 NA 11.8 NA 52.9 NA 11.8 Cibola District NA 3667 NA 1.1 NA 41 NA .5 NA 40.1 NA 17.2 Hatch Valley NA 4 NA 0 NA 0 NA 0 NA 100 NA 0 District NA 1431 NA 0 NA .1 NA 0 NA 93.5 NA 6.4 Jemez Valley NA 7 NA 0 NA 0 NA 0 NA 0 NA 0 District NA 551 NA 0 NA 71.1 NA .7 NA 18.7 NA 8.2 Lake Arthur NA NA NA NA NA NA NA NA NA NA NA NA District NA 140 NA 1.4 NA 0 NA 0 NA 75 NA 23.6 Moriarty 10 20 0 0 0 0 0 0 0 35 100 65 District 3335 3202 1.6 1.9 2.1 2.3 .9 1.0 38.1 41.6 57.3 53.2 Rio Rancho 80 NA 0 NA 0 NA 12.5 NA 18.8 NA 68.8 NA District 16750 16795 4.8 3.5 4.2 3.7 2.9 2.1 42 46.6 46.1 42 Source: Office for Civil Rights Data Collection, District Profiles, 2009-2010 and 2011-2012 school years. NA—means that data was not reported or available for this data point for that year. Performance on College Ready Indicators: PARCC Student assessment outcomes across the K-12 continuum serve as indicators of academic preparation and ultimately college readiness. This section highlights student performance across select school districts and grades using the new PARCC (Partnership for Assessment of Readiness for College and Careers) data system, first implemented in 2014- 2016. Meeting the assessed through PARCC is a requirement for high school graduation in 2 Initially two cases were filed in New Mexico, Yazzie v. State of New Mexico and Martínez v. State of New Mexico. Judge Singleton moved to consolidate the Plaintiffs into one. Contreras Association of Mexican American Educators (AMAE) Journal © 2019, Volume 13, Issue 3 109 New Mexico. In states with exit exams, significant increases in student achievement have not occurred. The high stakes nature of exams has not raised student college readiness levels either, as seen by high remediation rates among Latino, American Indian, African American, low-income and first-generation students. In New Mexico in 2013, 64.2% of students entering a two-year college required remediation and 46% of those entering a non-flagship 4-year university required remediation (Complete College America, 2015). States have historically invested considerable resources into assessment systems and have adopted policies that are punitive in nature, rather than serve as a catalyst for increased intervention and investment in students (Contreras, 2010). Data used for this analysis is directly from the New Mexico State Department of Education for the 2016 assessment period. One of the features that stands out as problematic in how the data is organized is the fact that “Proficient and Above” are aggregated categories for this data file. These two areas should be disaggregated in order to get a better sense of the proportion of students that are “proficient” and the proportion that are scoring “above” in a content area. The statewide data for PARCC in 2016 shows Latino students, American Indian students, economically disadvantaged students, and English language learners scoring less than proficient in reading, math and science. Table 7. Student PARCC Data Outcomes, All Assessments, Select Grades, 2016 Reading Math Science Grade Group Count Proficient & Above % Count Proficient & Above % Count Proficient & Above % 3 All Students 25,779 25.4 25,803 30.2 3 Female 12,542 28.5 12,555 30.1 3 Male 13,237 22.5 13,248 30.3 3 Caucasian 6,083 37.9 6,084 44.8 3 African American 540 21.7 541 26.2 3 Hispanic 16,129 22.3 16,141 26.3 3 Asian 338 45.9 343 63.6 3 American Indian 2,689 13.9 2,694 17.1 3 Economically Disadvantaged 20,088 20.3 20,112 24.3 3 Students w Disabilities 3,655 8.2 3,666 11.3 3 English Language Learners 5,940 16.1 5,976 15.6 Examining College Readiness among Latinx and Native American Students Association of Mexican American Educators (AMAE) Journal © 2019, Volume 13, Issue 3 110 3 Migrant 27 7.4 27 7.4 7 All Students 24,091 23.2 24,133 17.7 24,338 44.9 7 Female 11,958 29.7 11,963 18.3 12,093 44.9 7 Male 12,133 16.8 12,170 17.1 12,245 44.8 7 Caucasian 5,721 38.0 5,747 30.2 5,793 66.3 7 African American 518 24.3 520 13.3 514 43.8 7 Hispanic 14,980 18.5 14,989 14.0 15,139 39.7 7 Asian 368 49.7 377 44.8 374 69.3 7 American Indian 2,504 13.4 2,500 8.2 2,516 23.4 7 Economically Disadvantaged 17,469 16.5 17,472 12.0 17,646 36.5 7 Students w Disabilities 3,639 6.0 3,637 6.6 3,713 15.2 7 English Language Learners 2,912 5.0 2,929 3.5 2,938 10.0 7 Migrant 23 8.7 23 4.3 21 14.3 9 All Students 24,166 27.4 24,990 18.2 9 Female 11,785 34.7 12,214 19.0 9 Male 12,381 20.5 12,776 17.4 9 Caucasian 6,020 44.3 6,144 32.3 9 African American 526 22.2 529 11.3 9 Hispanic 14,619 21.7 15,277 13.5 9 Asian 374 54.8 379 47.2 9 American Indian 2,627 17.7 2,661 9.7 9 Economically Disadvantaged 16,017 19.3 16,675 11.7 9 Students w Disabilities 3,052 3.4 2,945 2.9 9 English Language Learners 2,997 2.8 3,088 2.6 9 Migrant 20 <2.0 30 <2.0 11 All Students 21,381 44.6 17,520 10.1 22,124 39.4 11 Female 10,627 52.7 8,695 9.5 10,970 34.8 11 Male 10,754 36.5 8,825 10.6 11,154 43.8 11 Caucasian 5,395 61.4 4,120 19.3 5,598 63.0 11 African American 459 38.8 407 7.1 503 30.4 11 Hispanic 12,845 39.8 10,725 7.1 13,275 32.5 11 Asian 385 66.5 262 29.4 399 58.6 11 American Indian 2,297 29.5 2,006 4.9 2,348 20.4 11 Economically Disadvantaged 13,189 35.4 11,276 6.8 13,586 29.5 11 Students w Disabilities 2,339 12.1 2,122 7.7 2,505 14.7 11 English Language Learners 1,711 7.1 1,474 4.2 1,695 6.4 11 Migrant 13 15.4 13 <2.0 15 6.7 Source: New Mexico State Department of Education. PARCC Data File 2016. Retrieved from http://ped.state.nm.us/AssessmentAccountability/AcademicGrowth/NMSBA.html The 7th, 9th and 11th statewide data shows similar gaps, with even lower proficiency rates among Latino, American Indian, economically disadvantaged and English language learners. In a state where Latinos constitute 60% of its student population, these performance data offer a glimpse of what the state might expect in terms of college readiness as New Mexico Latino Contreras Association of Mexican American Educators (AMAE) Journal © 2019, Volume 13, Issue 3 111 children progress through the school system and conveys the need for targeted investment and academic supports throughout. College Transition It was critical to discuss measures that influence college transition, in helping to frame college readiness for the courts. The pathway to higher education for students from underrepresented backgrounds is largely uneven nationally, and in states like New Mexico with high concentrations of Latino and historically underrepresented students, college transition typically starts at the community college level rather than four-year universities (Contreras, 2011; McKillip & Li, 2013). Select variables such as SAT or ACT Enrollment, Graduation Rates, Dual Credit Enrollment, AP Enrollment and passing rates were used to frame the process of college transition in the expert witness brief. This section highlights SAT and ACT and AP enrollment to offer context for the arguments made surrounding student preparation and access to services that likely facilitate college transition. SAT and ACT Enrollment Taking the SAT exam in high school is a marker of the intent to transition to college. Students who are taking the SAT in high school are likely planning to apply to a four-year university because community colleges do not require an SAT or ACT score for college admission (Contreras, 2005). Most districts had less than 1% of ELL/LEP students enrolled in one of these college entrance exams in both 2009-10 and 2011-12. This is particularly concerning for districts that have sizable ELL student populations. The data suggests that by the time an ELL student reaches high school graduation, they are not prepared for college and less likely to engage in college going practices like taking the SAT or ACT entrance exams (Callahan, 2005; Dabach & Callahan, 2011). This population, the LTELS (Long Term English Language Learner) population is among the most underserved students in the K-12 system (Dabach & Callahan, 2011). AP Enrollment AP Enrollment was used in this analysis because it is largely considered to represent rigor in the high school context and also provides students with a pathway for earning college credit while in high school. However, equitable access to AP remains uneven, particularly for low- income first generation Latinx and Native American youth (Contreras, 2005; Gau, 2016). The data on AP exam participation shows a gap that exists between taking an AP exam and Examining College Readiness among Latinx and Native American Students Association of Mexican American Educators (AMAE) Journal © 2019, Volume 13, Issue 3 112 actually scoring with a 3 or better, which translates into college credit at many four-year institutions. While AP enrollment and test taking is not a panacea for college readiness, student success in AP has larger implications for college transition and preparedness, and perhaps is an even stronger predictor of college completion compared to dual credit enrollment (Wyatt, Patterson, & Giacomo, 2015). The data for New Mexico shows growing levels of participation over the past decade but earning a score of 3 or higher among AP test takers is the challenge. These data further show the importance of not only providing access to AP exams but also the tools necessary to be successful on the AP assessment measures. Table 8. Trends in AP Enrollment and Success in New Mexico by Race/Ethnicity, Select Years (Percent) Student Group Total 2003 N 2008 2012 2013 Grads taken AP Grads Scoring 3 or > Grads taken AP Grads Scoring 3 or > Grads taken AP Grads Scoring 3 or > Grads taken AP Grads Scoring 3 or > Low Income 4974 34.2 29.1 44.1 37.4 46 37.8 45.9 39.3 (n=947) (n=370) (n=1,661) (n=651) (n=2213) (n=797) (n=2336) (n=853) Black 102 1.4 .9 1.9 1.9 2.0 1.4 2.0 1.3 (n=38) (n=12) (n=72) (n=33) (n=96) (n=30) (n=102) (n=29) Latino 2378 33 27 38.8 32.6 45.5 39.7 46.7 43 (n=912) (n=344) (n=1462) (n=567) (n=2190) (n=837) (n=2378) (n=934) American Indian 298 5.6 1.5 5.9 2.7 5.6 2.4 5.9 1.8 (n=156) (n=19) (n=222) (n=47) (n=269) (n=51) (n=298) (n=40) White 1819 48.2 41.3 43 36 36.6 31 35.7 30.9 (n=1335) (n=729) (n=1622) (n=898) (n=1763) (n=939) (n=1819) (n=950) Source: AP Report to the Nation, State Supplement, 2014. Conclusion Despite the fact that Latinos represent a critical mass of students in the K-12 system in New Mexico, and the fact that New Mexico has a critical mass of Native American students and tribal communities, the state falls short of being responsive to two of the largest ethnic groups, and preparing them for postsecondary options. The state of New Mexico is also inhibited in its ability to serve its students without accurate, timely, and accessible data to better identify students in need of intervention and monitor student progress longitudinally. The New Mexico Public Education Department data system is limited in scope, capacity, consistency, and user capability. As a result, several more reliable data sources were used for this report and analysis. As a public education department that serves a diverse base of students in the state, Contreras Association of Mexican American Educators (AMAE) Journal © 2019, Volume 13, Issue 3 113 all stakeholders should be able to access relevant educational data and produce basic statistical profiles on ELL students, racial/ethnic subgroups, and districts. Many states have invested in user friendly online data platforms, that helps to inform all key stakeholders on the status of student progress and helps to ensure transparency. For every measure used in the analysis of achievement indicators and access to curricular resources of select school districts throughout the state of New Mexico, the state of New Mexico has not effectively addressed the needs of its Latinx and Native American students in the K-12 sector. The expert report and analysis concluded the need for targeted mechanisms for investing in greater academic supports for its Latinx and Native American students to ensure higher levels of college readiness, transition and completion. The report argued for a clear policy and detailed framework on college readiness and specified pathway for districts to follow that would enable districts to create a stronger infrastructure for raising student achievement among all students. The state has the opportunity to alter the pathway of underachievement among its diverse base of students by creating an infrastructure for college readiness and success for all of its students. Finally, as the Plaintiffs in the case argued, and this article conveys, the state of New Mexico under the Martínez case victory is compelled to alter the direction of insufficient investment in its Latinx and Native American students and honor its greatest resource—the state’s youth. This case highlights the power of students, parents, community organizations, scholars and the legal arena to invoke tangible and systemic changes that will impact generations. Examining College Readiness among Latinx and Native American Students Association of Mexican American Educators (AMAE) Journal © 2019, Volume 13, Issue 3 114 References ACT. (2014). Graduating class of 2014. Retrieved from https://www.act.org/content/dam/act/ unsecured/documents/Natl-Scores-2014-NewMexico.pdf ACT. (2016). The condition of college and career readiness. Retrieved form www.act.org/research. Balfanz, R. (2009). Putting middle grades students on the graduation path. Baltimore: Everyone Graduates Center. Bernal, E. M. (2002). Three ways to achieve a more equitable representation of culturally and linguistically different students in GT programs. Roeper Review, 24(2), 82-88. doi:10.1080/02783190209554134 Callahan, R. M. (2005). Tracking and high school English learners: Limiting opportunity to learn. American Educational Research Journal, 42(2), 305-328. Casau, A., (2014). Strengthening New Mexico’s workforce and economy by developing career pathways. A Publication of New Mexico’s Voices for Children, September 2014. Complete College America. (2011). New Mexico State Profile Brief. Retrieved from www.completecollege.org/docs/New_Mexico.pdf Complete College America. (2012). Remediation: Higher education’s bridge to nowhere. Washington, DC: Publication of Complete College America Complete College America. (2015). New Mexico State Profile. Retrieved from http://completecollege.org/state-data-loader/?state=New%20Mexico&code=nm Conley, D. (2007). Redefining college readiness. Eugene, OR: Educational Policy Improvement Center. Contreras, F. (2005). Access, achievement and social capital: Standardized exams and the Latino college-bound population. Journal of Hispanic Higher Education. 4(3),197-214. Contreras, F. (2010). Accountability and high stakes testing. In Murillo, S. Villenas, R. Trinidad Galvan, J. Munoz, C. Martinex, & M. Machado-Casas, Handbook of Latinos and Education: Research, Theory & Practice (pp. 194-209). New York, NY: Routledge: Taylor & Francis Group. Contreras, F. (2011). Achieving equity for Latino students. New York, NY: Teachers College Press. Contreras, F., Flores, A., Lee, J., & McGuire, K. (2011). National Latino college completion agenda. Research Brief Prepared for the College Board. Dabach, D. B., & Callahan, R. (2011). Right versus reality: High school English Language Learners, Teachers College Record. Retrieved from https://www.tcrecord.org Darling-Hammond, L. (2010). Flat world and education. New York, NY: Teachers College Press. Ford, D., & Harmon, D. (2001). Equity and excellence: Providing access to gifted education for culturally diverse students. Journal of Secondary Gifted Education, 12(3), 141. Ford, D. Y., & Harris, J. J., III. (1999). Multicultural gifted education. New York, NY: Teachers College Press. Ford, D. Y., Harris, J. J., III, Tyson, C. A., & Frazier Trotman, M. (2002). Beyond deficit thinking: Contreras Association of Mexican American Educators (AMAE) Journal © 2019, Volume 13, Issue 3 115 Providing access for gifted African American students. Roeper Review, 24, 52–58. Gandara, P., & Contreras, F. (2009). The Latino education crisis. Cambridge, MA: Harvard University Press. Gau, N. (2016). College readiness in California: A look at rigorous high school course- taking. A Publication of the Public Policy Institute of California. Kids Count. (2015). Kids Count data book 2015. Retrieved from http://www.aecf.org/resources /resources/the-2015-kids-count-data- book/ Marsh, H. W., & Kleitman, S. (2002). Extracurricular school activities: The good, the bad, and the nonlinear. Harvard Educational Review, 72, 464–511. McKillip, M. E. M., & Li, J. (2013, April). Is the whole equal to the sum of its parts? Race variations in a student’s path from high school to college. Paper presentation at the American Educational Research Association Annual Conference, San Francisco, CA. Valenzuela, A. (1999). Subtractive Schooling. New York, NY: SUNY Press. Wiley, A., Wyatt, J. N., & Camara, W. J. (2010). The development of an index of college readiness (College Board Research Report No. 2010–3). New York, NY: The College Board. Wyatt, J., Patterson, B., & Giacomo, T. (2015). A comparison of the college outcomes of AP and dual enrollment students. Retrieved from https://files.eric.gov/fulltext/ED5262578.pdf