“Let the little children come to me, and do not hinder them, for the kingdom of heaven belongs to such as these.”

— Matthew 19:13-14

On June 12,  the New Mexico Voices for Children released the “2025 Kids Count Data Book, State Trends In Child Well Being.” The annual “Kids Count” Data Book is prepared by the Annie E. Casey Foundation. The Casey foundation is a nonprofit based in Maryland focusing on improving the well-being and future of American children and their families. It assesses how New Mexico children are faring in a number of areas including economic well-being, education, health, and family and community. By providing policymakers and advocates with benchmarks of child and young adult well-being, the Foundation seeks to enrich local, state and national discussions concerning ways to enable all kids and youth to succeed.

KIDS COUNT RANKING FOR NEW MEXICO

According to the 2025  annual Annie E. Casey Foundation Kids Count data book, for the fifth consecutive year in a row, New Mexico was ranked 50^th as the worst state in the country for child well-being.

The study focuses on four major categories of wellbeing and then makes an overall ranking of each state for child wellbeing. The four major categories and the rankings are:

1. Economic well-being: 49th 
2. Education: 50th 
3. Health: 46th
4. Family and Community: 50th

Following are the rankings providing an explanation of  how they were calculated:

NEW MEXICO OVERALL CHILD WELL-BEING RANKIING: 50^th

The Casey foundation determines the ranking  for each state using statistical data compiled on each state in four key indicators in the major ranking categories.

Overall rankings  for each state was calculated in the following manner:

The Casey converted the state numerical values for the most recent year for all 16 key indicators into standard scores. It summed those standard scores within their domains to create a domain standard score for each state.  Finally, it ranked the states based on their total standard score in sequential order from highest/best (1) to lowest/ worst (50).

All measures were given the same weight in calculating the total standard score. Percentage change over time analysis was computed by comparing the most recent year’s data for the 16 key indicators with the data for the base year.

To calculate percentage change, the Foundation subtracted the rate for the most recent year from the rate for the base year and then divided that quantity by the rate for the base year. The results are multiplied by 100 for readability. The percentage change was calculated on rounded data, and the percentage-change figure has been rounded to the nearest whole number.

NEW MEXICO ECONOMIC WELL-BEING RANKING: 49^th  (Louisiana was ranked  50^th)

The 4 major indicators relied upon to determine Economic Well being are:

1. Children in poverty is the percentage of children under age 18 who live in families with incomes below 100% of the U.S. poverty threshold, as defined each year by the U.S. Census Bureau. In 2023, a family of two adults and two children lived in poverty if the family’s annual income fell below $30,900.
2. Children whose parents lack secure employment is the share of all children under age 18 who live in families where no parent has regular, full-time, year-round employment. For children in single-parent families, this means the resident parent did not work at least 35 hours per week for at least 50 weeks in the 12 months prior.
3. Children living in households with a high housing cost burden is the percentage of children under age 18 who live in households where more than 30% of monthly household pretax income is spent on housing-related expenses, including rent, mortgage payments, taxes and insurance.
4. Teens not in school and not working is the percentage of teenagers between ages 16 and 19 who are not enrolled in school (full or part time) and not employed (full or part time).

NEW MEXICO EDUCATION RANKING: 50^th

The 4 major indicators relied upon to determine Education rankings are:

1. Young children not in school is the percentage of children ages 3 and 4 who were not enrolled in school/
2. Fourth graders not proficient in reading is the percentage of fourth grade public school students who did not reach the proficient level in reading as measured by the National Assessment of Educational Progress.
3. Eighth graders not proficient in math is the percentage of eighth grade public school students who did not reach the proficient level in math as measured by the National Assessment of Educational Progress.
4. High school students not graduating on time is the percentage of an entering freshman class not graduating in four years

NEW MEXICO HEALTH RANKING: 46^th  (New Mexico was ahead of Arkansas (47)  Texas (48)  Louisiana (49),  Mississippi (50)

The 4 major indicators relied upon to determine HEALTH rankings are:

1. Low birth-weight babies is the percentage of live births weighing less than 5.5 pounds (2,500 grams).
2. Children without health insurance is the percentage of children under age 19 not covered by any health insurance
3. Child and teen deaths per 100,000 is the number of deaths, from all causes, of children between ages 1 and 19 per 100,000 children in this age range.
4. Children and teens who are overweight or obese is the percentage of children and teens ages 10 to 17 with a Body Mass Index (BMI)-for-age at or above the 85th percentile.

NEW MEXICO FAMILY AND COMMUNITY RANKNG:  50^th

The 4 major indicators relied upon to determine FAMILY AND COMMUNITY rankings are:

1. Children in single-parent families is the percentage of children under age 18 who live with their single parent in a family. Children not living with a parent are excluded.
2. Children in families where the household head lacks a high school diploma is the percentage of children under age 18 who live in households where the head of the household does not have a high school diploma or equivalent.
3. Children living in high-poverty areas is the percentage of children under age 18 who live in census tracts where the poverty rates of the total population are 30% or more. In 2023, a family of two adults and two children lived in poverty if the family’s annual income fell below $30,900. The data are based on income received in the 12 months prior to the survey.
4. Teen births per 1,000 is the number of births to teenagers ages 15 to 19 per 1,000 females in this age group. Data reflect the mother’s place of residence, not the place where the birth occurred.

Links to the 2024 Kids Count Data Book are  here:

Click to access Aecf-2025kidscountdatabook.pdf

https://www.aecf.org/resources/2025-kids-count-data-book

The 2025 Kids Count rankings are essentially identical to the  2024, 2023 Rankings. Following are rankings for the past 3 years for comparison:

In 2025 New Mexico rankings were as follows:

 Overall childhood well-being: 50^TH  

• Education: 50^TH
• Economic well-being: 49th
• Health: 46th
• Family and community: 50^th

The link to the 2025 Kids Count Data Book is here:

https://www.aecf.org/resources/2025-kids-count-data-book

In 2024 New Mexico Kids Count rankings were as follows:

• Overall childhood well-being: 50^TH
• Education: 50^TH
• Economic well-being: 48^TH
• Health: 44^TH
• Family and community: 49^TH

The link to the 2024 Kids Count Data Book is here:

https://www.aecf.org/resources/2024-kids-count-data-book

In 2023 New Mexico Kids Count rankings were as follows:

 Overall childhood well-being: 50th

• Education: 5Oth
• Economic well-being: 49^th
• Health: 44^th
• Family and community: 48^th

The link to the 2023 Kids Count Data Book is here:

Click to access aecf-2023kidscountdatabook-2023.pdf

REVISITING YAZZIE V. MARTINEZ 

The Kid’s Count rankings reflect a very disturbing lack of progress over the past five years since the 2018 landmark education court decision of YAZZIE V. MARTINEZ that should have had a direct impact on reversing New Mexico’s 50^th ranking in education.

It was on Friday, July 20, 2018, Santa Fe District Court Judge Sarah Singleton ruled in the case of Yazzie v. State of New Mexico and Governor Suzanna Martinez that the state of New Mexico was violating the constitutional rights of at-risk students by failing to provide them with a sufficient education. The Court ruling centered on the guaranteed right under the New Mexico Constitution to a sufficient education for all children. The lawsuit alleged a severe lack of state funding, resources and services to help students, particularly children from low-income families, students of color, including Native Americans, English-language learners and students with disabilities.

The Judge found that it was clear that many New Mexico students were not receiving the basic education in reading, writing and math they should be receiving in our public-school system. As a matter of law, Judge Singleton wrote the “lack of funds is not a defense to providing constitutional rights.”

In her blistering written opinion, Judge Singleton wrote:

“[The evidence presented at trial] proves that the vast majority of New Mexico’s at-risk children finish each school year without the basic literacy and math skills needed to pursue post-secondary education or a career. … Indeed, overall New Mexico children rank at the very bottom in the country for educational achievement. … The at-risk students are still not attaining proficiency at the rate of non-at-risk students … and the programs being lauded by [the Public Education Department] are not changing this picture.”

The court found that New Mexico students have a right to be college-and career-ready, a standard that was not being met by New Mexico’s education system. To address this, the state was ordered to take immediate action and establish an educational system that ensures at-risk students in New Mexico will be college and career ready.

PUBLIC EDUCATION DEPARTMENT  ORDERED TO CREATE PLAN TO FIX  PRIMARY AND SECONDARY EDUCATION SYSTEM

On April 29, 2025 Santa Fe First Judicial District Court Judge Matthew  ruled that the New Mexico Public Education Department (PED)  had not  complied with the rulings in Yazzie v. State of New Mexico and Governor Suzanna Martinez to improve the quality of education it provides to Native American and underserved students. Judge Wilson  ordered PED to begin the process for creating a plan to fix its primary and secondary education system.  Judge Wilson said the state needs a plan to ensure progress is made and tracked and said this in his ruling:

“The PED and the state of New Mexico is not in compliance with this court’s final judgement in [Yazzie v. State of New Mexico and Governor Suzanna Martinez. ]. … The defendants are ordered to develop a comprehensive remedial plan to address the continuing violation of at-risk student’s constitutional rights. …A court-ordered plan would provide guidance to the Legislature and the executive branches of government, particularly when making difficult budgetary decisions that need to survive political and economic shifts.”

Those affected by the court case include Native American students, English language learners, low-income students and those with disabilities. The argument is that those groups face significant educational disparities.

As part of the original ruling, the plaintiffs in the case have been waiting for the Public Education Department to submit a plan to address teacher workforce issues, class sizes, and a wide range of other factors.  Judge Matthew Wilson ordered PED to work with a legislative committee to make a new plan by July. Attorneys for the plaintiffs call it a win.   While a draft is due in July, PED has until December to submit a final plan. The court also require the PED to work with families and educators in order to develop that plan.

Public Education Department  released the following statement in reaction to Judge Wilsons ruling:

“The New Mexico Public Education Department (NMPED) welcomes Judge Wilson’s decision to lead development of a plan providing all New Mexico students an excellent education, that will lead to resolution of the Martinez-Yazzie lawsuit for students, parents and families. Improving student outcomes is central to our mission and this plan will support lasting improvements to our educational system. 

The Martinez-Yazzie lawsuit highlighted longstanding systemic challenges state education. The Court directed increased funding and programming for at-risk students, including those from economically disadvantaged homes, English Language Learners, Native American children, and children with disabilities. Since 2019, the state has substantially increased funding and taken significant steps to improve student performance and educator recruitment and retention.”

Links to quoted or relied upon news sources are here:

https://www.krqe.com/news/education/judge-orders-new-mexicos-ped-to-create-plan-for-better-educating-at-risk-students/

https://www.abqjournal.com/news/article_50688559-4760-4d15-8c12-18e16c33ffaa.html

NEW MEXICO’S FINANCIAL COMMITMENT TO KIDS

During the last 7 years, the New Mexico legislature has been very aggressive when it comes to increased funding to turn things around for New Mexico’s children when it comes to education and their wellbeing. Much of the legislatures efforts  have been a direct result of the 2018 landmark education case of Yazzie-Martinez v. New Mexico Public Education Department  where a  First Judicial District Court ruled the State of New Mexico violated students’ fundamental rights by failing to provide a sufficient public education mandated by the state constitution.

In fiscal year 2019, public education funding spiked. The biggest accomplishments of the 2019 Legislative session were the dramatic increases in public education funding, creation of the Early Childhood Department (CYFD), the mandates to Children, Youth and Families and Public Education departments, not to mention raises for educators and increasing CYFD social workers by 125 were clearly the biggest accomplishments of the 2019 Legislative session.

2019 EDUCATION BUDGET FUNDING

Funding spiked in 2019  and was up to $306 million, including the following:

• $64 million for Pre-K to better prepare children for elementary school.
• $45 million for family, infant, toddler programs to help families with children with developmental delays.
• $30 million for K-3 Plus to add 25 days to the school year.

New Mexico is 1 of just 4 states with a stand-alone department dedicated to services targeting children through age 5. The initial operating budget for the new department was $419 million for the 2020-2021 fiscal year. The new department is tasked with overseeing the state’s growing investment in prekindergarten, home visiting programs for new parents, childcare and similar services that previously were scattered across several departments. One of the key goals is to better coordinate the state’s network of early childhood services by housing them in one department rather than having them overseen separately by other departments.

2020 AND 2021 FUNDING HIGHLIGHTS

In 2020 the New Mexico Legislature created a $320 million early childhood education trust fund. In 2021, lawmakers and the governor agreed to up the spending on early childhood programs to $500 million.

2022 EDUCATION BUDGET FUNDING

During the 2022 New Mexico Legislative session, a trio of bills were enacted  to fund programs to help Native American students succeed in school. The house bills provided more than $70 million to tribal entities to help offer culturally relevant lesson plans and access to virtual and after-school programs for those students.

The first bill appropriated $20 million from the state’s general fund to the Indian Education Act to be used to create culturally relevant learning programs, including Native language programs, for students in the K-12 system.

A second bill appropriated $21.5 million to help tribal education departments develop learning plans and programs for students, extend learning opportunities and support tribal school libraries.

The third bill was aimed at higher education and  appropriated $29.6 million to four state colleges and three tribal colleges for 53 initiatives.

In the summer of 2022, the New Mexico Public Education Department (PED) released updates on the progress made in response to the Yazzie-Martinez ruling. The report highlights various initiatives undertaken by the state, including increased funding, expanded access to pre-kindergarten programs, and targeted support for struggling schools.

“According to the report, the state’s spending on public education has received a substantial boost. In fiscal year 2018, New Mexico’s education system was funded at the tune of $2.69 billion; in fiscal year 2024, the education system is being funded at $4.17 billion. That is an increase of $1.3 billion over five years. State funds have been channeled toward reducing class sizes, hiring additional teachers, improving professional development programs, and enhancing resources for English language learners and special education students.”

In November 2022, voters approved tapping the state’s Land Grant Permanent Fund for roughly another $240 million annually for early childhood education and K-12 schools. The additional distribution of funding from the Permanent Land Grant Fund goes into effect on July 1.

2023 EDUCATION BUDGET FUNDING

The enacted 2023-2024 New Mexico State budget contains major expenditures for  education and child wellbeing.  Those expenditures include:

• $220.1 Million for extended in-classroom learning time by increasing the number of minimum instructional hours per year in public schools.
• $30 Million to provide healthy universal school meals and to eliminate school meal costs for every New Mexico child.
• 9 Million to the Children, Youth and Families Department for 60 new protective services staff, to be supported by additional federal matching funds.
• $277.3 Million for continued investments in affordable, high-quality child care.
• $131 Million to maintain and expand access to high-quality pre-k education.
• $40.4 Million for the continued expansion of early childhood home visiting.
• $111.1 Million to provide a four percent salary increase forall school personnel.
• $157.4 Million for the Opportunity Scholarship program

2023 EDUCATION BUDGET FUNDING

The 2024 enacted New Mexico budget includes the following funding  for public education:

• $4.43 billion in recurring funds for public schools. Annual spending on K-12 education increased by 6.1% to $4.43.
• $19.6 million to expand Pre-K
• $50 million to the tribal Educational Trust Fund
• $20 million to pilot and evaluate evidence-based strategies to improve the Children, Youth and Families Department
• $49 million for literacy, career technical education and community school programs
• $14 million in early literacy support
• $55 million for culturally relevant and bilingual materials
• $62.7 million for 2% salary increases, bringing all school personnel up to $15 per hour
• $43 million to expand early childhood care
• $750,000 to support adult literacy programs
• $2 million for attendance programs

2024 EDUCATION BUDGET FUNDING

On February 12, 2024, the 2024-2025 Fiscal Year state budget was passed by the New Mexico Legislature. It contains  a 6.5% increase in recurring funds from last year’s  2023-2024 fiscal year.  The largest slice of the general fund goes to public schools, which are slated to receive about $4.3 billion for the fiscal year. That includes more than $94 million to give a flat 3% raise to all public-school employees, an amount that was trimmed by a Senate Finance Committee. Before public school employees were looking at a total average of 4% raises.  The final version the budget approved by the Senate includes $30 million for summer reading intervention programs, $14 million for early literacy and reading support and $5 million to train secondary educators in the science of reading.

2025 EDUCATION BUDGET FUNDING

During the 2025 legislative session, several bills were approved during the 60-day legislative session that will likely benefit New Mexico’s children and their well being. The legislation includes a $10.8 billion budget bill that directs over $100 million to transitional housing and the state’s Early Childhood Education and Care Department. The legislature also  created a new state Medicaid trust fund that could help the state weather federal funding decreases, legislation expanding childcare assistance for prekindergarten children and established an outside oversight office to review complaints involving CYFD

CYFD REMAINS IN CONTROVERSY

Complicating matters for New Mexico’s children is the fact the Children, Youth and Families Department (CYFD) remains mired in controversy. The state  has one of the lowest average median household incomes in the U.S., and while the state has the second-richest sovereign wealth fund in the nation and has, in recent years, markedly spent more on education, those efforts have yet to yield discernible dividends.

REACTION TO NEW MEXICO KIDS COUNT RANKINGS

The nonprofit New Mexico Voices for Children, which partnered with the Annie E. Casey Foundation on the report,  noted  that the state has passed legislation and additional funding specifically  directed at improving education and childhood well-being since 2023 and  believes the state’s ranking could change in the coming years. New Mexico Voices for Children also think the state’s circumstances and demographics don’t warrant a comparison to others.  Gabrielle Uballez, executive director of New Mexico Voices for Children said this:

“Other states have vastly different circumstances than New Mexico, whether that’s their population, their racial and ethnic makeup, their just general structure. … We like to look at comparing New Mexico to itself.”

New Mexico House Speaker Javier Martínez, D-Albuquerque, noted the bills approved during this year’s 60-day legislative session that will  benefit New Mexico children.  Speaker Martínez said this:

“I’m a big believer in data, data is always good. It helps us improve. I’m really proud of all of the work we’ve done over the last several legislative sessions. … Those are all good things, and I think that eventually we’ll see those returns. Having said that, I do think that there’s more work that remains to be done.”

One New Mexico lawmaker questions  if the state’s increased spending and new policies are yielding results.  Republican Rep. Rebecca Dow, Truth or Consequences, said this in a phone interview with the Albuquerque Journal:

“We have had unprecedented investments in early childhood education, we’ve had the Zuni lawsuit and Yazzie-Martinez lawsuit, and even this year, the judge says we are not making improvements on educational outcomes. … It’s time for parents to be in charge of their kid’s education and for dollars to follow students. We are so far behind the curve … we can look to any state and do better.”

Republican Rep. Rebecca Dow expressed support for school-choice programs, noting declining enrollment in public schools and saying that “poverty is an excuse” and that “if poverty is keeping children in a failing school system, all the more reason to pass school choice.” Dow said this:

“The courts agreed the families who felt like the public education system was failing them went to court, and the courts agreed that New Mexico is failing to adequately educate students. The remedy was to give money to the system that was failing students. … It’s time to stop funding the same system, and one size will never fit all.”

Amanda Aragon, the executive director of New Mexico Kids Can, said this of New Mexico’s rankings:

“When a data point is telling us this child is grade levels below? My question is, what are we doing about it? … For me, it means we have to make a change. Now, for some people in the state, they’re saying maybe not, maybe because we have a lot of poor children. That’s just how it’s going to be. … Or maybe because we have a lot of English learners. That’s how it’s going to be. And I just fundamentally don’t believe that. So I think some of those excuses for why we’ve been at the bottom I think have not served us well.”

Aragon sees that New Mexico has started on the same journey Mississippi was on years ago, specifically in early literacy. She said the state assumed educators knew how to teach reading, now all teachers have been trained on the subject. Aragon said this:

“So what Mississippi did 10 years ago, everyone knows about now everyone’s trying to be Mississippi. So we not only have to do better, but we have to outperform the other states that are also doing better.”

But there is more that Mississippi has done according to Aragon. She suggests New Mexico should make changes in big waves, rather than in small increments. Aragon said this:

“Instead of coming up with strategies that we know work and keeping those strategies consistent through different governors and different legislative cycles, we go back and forth, we do something, and then it changes.”

Aragon also raised the point that communities should make their voice heard as well, especially to elected officials, saying this:

“Our House of Representatives, for example, has elections over two years, that doesn’t necessarily create an environment where you want to stick your neck out on the line to make bold policy decisions. And so I don’t think anyone is intentionally skirting away from doing hard things, I think it’s just the system kind of rewards them in weird ways, for not doing the hard things. And that’s why I keep coming back to this idea of, like, the community has to tell the government that it’s time for something different, that we are not going to accept being 50th in education anymore.”

Ellen Bernstein, the president of Albuquerque Teachers Federation, believes policymakers should take a comprehensive look at all things that affect education to make the best decisions. Bernstein said this:

“You know, we’ve got to do something with education, but they never do anything with food insecurity, or traumatic experiences for children, we have to look at it combined. And that way, we can really increase our scores in every area. ”

Bernstein said there is a national trend showing that many states are looking to elevate the living conditions, and the wages of the families so that they can provide better for their kids. Bernstein said it should be a collaborative effort among educators, policy makers, and support systems to have better outcomes.

Bernstein highlighted the importance of support from families, specifically parents and said this:

“But if they’re working two and three jobs, and they’re trying to get some sleep, and they’re not getting their kid to school, I mean, it’s all interconnected.”

Links to quoted or relied upon news sources are here:

https://www.abqjournal.com/news/article_8d2799db-8229-41a1-bca6-636f9a8a124a.html#tncms-source=home-featured-7-block

https://www.koat.com/article/new-mexico-last-kids-count-data-report/6111377

COMMENTARY AND ANALYSIS

After a full 7 years of millions spent each year on the state education programs and departments created, it difficult to accept why New Mexico has not improved in the annual Kids Count Data Book. If anything, the ratings are getting worse.

Public education leaders must  take responsibility for what is happening and its mismanagement. It’s a failure to hold people accountable  for failing our kids.

Judge Wilson  ordering  PED to begin the process for creating a plan to fix its primary and secondary education system was long overdue.

The  state needs  a plan to ensure progress is made and tracked.

No one knows for sure how much more time and more funding will it take to turn things around.