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TUES: No School Testing Means Little Data On Learning Loss, ABQ Mayoral Hopefuls Face Off, + More

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Are New Mexico Students Learning? Hard To Say Without Tests –Cedar Attanasio, Associated Press

New Mexico Public Education Department officials say few grade-school students participated in state testing last year and that it is impossible to measure learning loss from the pandemic.

On Monday, the New Mexico Education Department said that only 10% of elementary and middle school students took tests last spring despite schools being fully open at the time.

The department also acknowledged that New Mexico won’t be able to measure student increases or decreases in academic proficiency because it hasn’t had standardized, comparable testing since 2018, and won’t have it until 2022.

That means the department won't be able to compare one year's test results with another year's results to measure growth or loss of learning until 2023.

“We’ve changed and we’ve broken our trend line, essentially,” said Lynn Vasquez, Learning Management System director at the New Mexico Public Education Department.

Student testing allows parents to see how their students are doing, using an objective measure outside their school.

Apples-to-apples test comparisons also allow state lawmakers to assess the effectiveness of new programs and consider how to spend public dollars.

Normally, 95% of third and eighth-grade students are tested in compliance with federal testing requirements, but the requirements were waived in 2020. New Mexico and some other states got an “accountability waiver” in 2021 also, with no minimum requirement for testing participation.

Public Education Department officials say they would have wanted at least 80% of students tested in order to establish a baseline of where they are at academically, but few schools did. They said only half of the school districts participated in testing at all.

Albuquerque Public Schools, which serves one in five New Mexico students, only tested 1%.

In February, the legislature will have to decide how to allocate some $3 billion in the annual education budget. They’ll have little data to drive that decision making.

“You can’t understand what you can’t measure,” said state Rep. Patti Lundstrum, a Democrat from Gallup, in a committee hearing last week focused on education testing.

In a report presented to Lundstrum and her colleagues Thursday, legislative researchers argued that some learning loss is measurable, even using data from the education department.

The legislative report determined that the proportion of grade school students proficient in English and math fell from 38% in 2019 to 31% in 2021, while acknowledging that the results only applied to those who took the test.

They concluded average proficiency was probably worse, because students underrepresented in the testing tend to be those hurt by the pivot to remote schooling, including Native Americans, students with disabilities and students whose first language is not English.

The Public Education Department isn’t requiring standardized testing for all schools this fall, either.

For the third year in a row, Lundstrum and her colleagues will not have quality education data they can use to judge education investments.

That’s because the administration of Democratic Gov. Michelle Lujan Grisham ended a previous set of tests last conducted in 2018 under her Republican predecessor.

The “high stakes” tests were criticized for excessively affecting teacher performance reviews, and pigeonholing students in remedial programs if they did poorly.

Lujan Grisham’s education department replaced the testing regimen temporarily in 2019, planning to pivot to another testing format in 2020, which was canceled by the pandemic. A plan to move high school students to the SAT was also delayed. Last spring only 25% took it.

Next year, Lujan Grisham will run for reelection with no benchmark through which to measure the success of her administration's handling of education. The data that exists won't be comparable to her predecessor, or to other states who also had to deal with the pandemic ( many states were not granted accountability waivers in 2021).

Legislators, meanwhile, will have to rely on information from constituents.

“The partnerships with the school districts are going to be really key,” said Gwen Perea Warniment, Deputy Secretary of Teaching, Learning and Assessment.

She said fall testing will be required for schools that accept state funds in order to pay for extra school days, called K5+ in grade schools and extended learning for high schools.

Without comparable testing in schools that didn’t offer the instruction, it’s unclear how legislators will determine if it’s working.

For vulnerable minority groups including students in poverty, Native Americans, students with disabilities and English language learners, education officials say reliable data won’t be processed until 2023.

Family Files Lawsuit Over Deadly Balloon Crash In New Mexico – Associated Press

The family of a passenger on a hot air balloon that crashed and killed five people in Albuquerque in June is suing the estate of the deceased pilot and the companies that operated the commercial balloon.

The estate of Martin Martinez, 62, filed a lawsuit in state district court last week against Hot Air Balloonatics LLC, Sventato LLC, and the estate of the pilot, Nicholas Meleski. The suit accuses Meleski, who had drugs in his system, of piloting the balloon in a reckless manner.

Martinez's family is seeking unspecified monetary, punitive and other damages.

A Federal Aviation Administration report shows that Meleski, 62, had marijuana and cocaine in his blood and urine. The National Transportation Safety Board hasn’t ruled on the cause of the crash.

According to the lawsuit, Meleski was an employee of Hot Air Balloonatics and one of the organizers of Sventato, which owned the balloon that crashed June 26. The balloon struck a power line and the basket toppled about 100 feet onto a busy street.

Hot Air Balloonatics declined to comment on the lawsuit.

Also killed in the crash were Martinez’s wife, Mary Martinez, 59; Georgia O’Keeffe Elementary School assistant principal Susan Montoya, 65; and her husband, John Montoya, 61. Co-workers had chipped in to purchase the balloon ride for Susan Montoya as a going-away gift because she planned to transfer to another school.

UFC Star Jon Jones Dented Police SUV With His Head – Ken Ritter, Associated Press

Former UFC champion Jon Jones dented a patrol vehicle with his head during his arrest last week on a domestic battery charge for allegedly grabbing his fiancée by her hair, according to an arrest report made public Tuesday.

Jones’ fiancée left their room at Caesars Palace with the couple’s three children and police said she had apparent blood on her clothing when officers interviewed her about the pre-dawn altercation last Friday.

Jones, 34, was walking outside the Las Vegas Strip hotel when he was stopped by officers and “became irate and smashed his head onto the front hood” of the patrol SUV, leaving a medium dent and chipped paint, the report said.

Jail and court records showed Jonathan Dwight Jones was later freed from the Clark County jail on $8,000 bail pending an Oct. 26 court date for prosecutors to file criminal charges.

The domestic battery charge is a misdemeanor. The vehicle charge is a felony, with damage reported at more than $5,000.

Court records did not reflect if Jones had an attorney.

Jones lives in Albuquerque, but attended a UFC Hall of Fame induction ceremony in Las Vegas the night before his arrest. His 2013 fight with Alexander Gustafsson was honored.

Jones (26-1, 1 no-contest) won the UFC light heavyweight championship three times from 2011 to 2020, and is widely considered one of the greatest fighters in MMA history.

His career also has been defined by misbehavior outside the cage including vehicle crashes, driving under the influence arrests and UFC discipline for testing positive for banned substances.

Official: New Mexico Ranchers Capture Texas Homicide Suspect – Associated Press

A manhunt for a Texas homicide suspect ended Tuesday in rural southeastern New Mexico when ranchers detained the man at gunpoint and handed him over to sheriff's deputies, a sheriff's official said.

Kionne Devaughn Lewis, 29, of Midland was found about 30 miles (48 kilometers) north of Roswell in an area where officers had searched for Lewis late Monday after he abandoned his vehicle, officials said.

“A couple ranchers had him at gunpoint,” Chaves County Undersheriff Charles Yslas told the Roswell Daily Record.

Lewis had a weapon on him when captured but nobody was injured, Yslas said.

An arrest warrant was issued for Lewis in connection with a double shooting in which a woman was killed in her Midland apartment and a man was wounded, KOSA-TVreported.

Lewis was turned over to New Mexico State Police. That agency confirmed the capture but did not immediately release additional information.

Texas Rangers' pursuit of Lewis had crossed over into New Mexico on Monday, prompting closure of 12 miles of U.S. 285 north of Roswell as authorities searched for Lewis after he abandoned his vehicle and fled on foot.

The highway was reopened early Tuesday morning.

Albuquerque Mayoral Hopefuls Face Off At Black Voters' Forum - By Susan Montoya Bryan Associated Press

Albuquerque’s struggle with violent crime and escalating homelessness took center stage Monday as the three candidates running for mayor in New Mexico’s largest city faced off during a forum sponsored by the New Mexico Black Voters Collaborative.

Crime has been among the top issues for voters as the city deals with record homicides this year. Incumbent Tim Keller, a Democrat, has been facing heat for not being able to contain the problem during his tenure.

Keller tried to defend his record during the forum, saying his administration is addressing the root causes — addiction and poverty — through community policing efforts, a new public safety office and other initiatives. He said the Albuquerque police force is adequately funded and that more money needs to be spent on social workers and support programs.

He also took swipes at Bernalillo County Sheriff Manny Gonzales, saying that crime was his problem too.

Gonzales, a Democrat, accused Keller of politicizing law enforcement and not supporting the city's officers. He described the city at “a crossroads of total anarchy,” where people no longer feel safe and families are choosing to move away.

Republican candidate Eddy Aragon, a radio station owner and talk show host, said the city is in crisis.

“We need to do what we can to go ahead and turn this city around,” he said, pointing to growing economic insecurity, drug addiction and mental health issues.

Keller said the challenges are big but that only meaningful solutions will move the needle on crime and homelessness. He acknowledged that homelessness has become worse in recent years, with the number of those living on the streets more than doubling. He blamed economic fallout from the pandemic.

The questions for the candidates were gathered from the public and advocacy groups that included New Mexico Common Cause, Indivisible Albuquerque and the Albuquerque Black Economic Security and Solidarity Fund. They touched on everything from the racial and gender makeup of the police department to the city's housing shortage and policies related to immigrants and refugees.

Keller said the city is prepared to accept 300 refugees. Aragon questioned that, saying Albuquerque can't even accommodate its existing homeless population.

Legal wrangling over public financing in the mayoral contest has taken much of the attention in recent weeks, with Gonzales ultimately losing his bid for public funds. Even though questions also were raised about some of the signatures and $5 donations collected by Keller's campaign, the incumbent has significantly more money in his coffers than his challengers thanks to the pot of public money, according to the latest campaign finance reports.

Aragon, who entered the race in August, is running a privately funded campaign. He stressed the need to attract more residents and businesses and said he would not support any pandemic related mandates.

A labor union-backed political action committee is supportive of Keller’s reelection bid. A separate committee fueled by the New Mexico United soccer team has been campaigning on behalf of one of Keller’s key initiatives — a multimillion-dollar stadium that would be used by the team.

A question specifically for Keller challenged whether the city's $50 million share would be better spent on education, addressing crime or dealing with homelessness. He called the proposed stadium a long-term investment for families and said the four potential locations for the venue were chosen because “they're just empty space.”

Some neighborhoods have voiced concerns about residents being displaced, gentrification, traffic and noise. Keller said the city won't decide on a final location without a community benefits agreement in place.

The candidates were scheduled to appear at another forum Tuesday night sponsored by the local chamber of commerce.

No Classes For Rio Rancho Schools Due To Internet Outage - Associated Press

A New Mexico school district has canceled class because of an internet service outage.

Officials with Rio Rancho Public Schools made the decision not to hold classes Monday. They sent a letter to parents Sunday saying a damaged fiber optic circuit was causing the outage.

With no internet, some key systems that involve safety and student transportation would be at risk. 

District officials say contractors are coming from out of state to do the repairs. 

According to the district website, the internet was back online Monday afternoon following successful repairs, and all Rio Rancho schools will be back in session with normal schedules Tuesday.

US Aims To Relax Testing Of Contaminants At Nuke Weapon Lab – Santa Fe New Mexican, Associated Press

The U.S. Energy Department wants to switch to less stringent testing for detecting cancer-causing chemicals at and around one of its premier nuclear weapons laboratories despite concerns from environmentalists and New Mexico regulators. 

The federal agency is using New Mexico's three-year review of surface water rules to push for a test at Los Alamos National Laboratory that's more limited in detecting polychlorinated biphenyls, or PCBs, the Santa Fe New Mexican reported. Medical research has shown the chemicals can cause cancer, impair children's brain development, hurt reproductive systems and increase the chance of heart and liver diseases.

The Energy Department asserts that its testing would be sufficient and that the current method required by the state goes far beyond what's necessary.

Parties in the dispute have submitted written arguments and testified at hearings held by the state Environmental Improvement Board as part of its review of surface water regulations done every three years. 

Rachel Conn, project director for the Taos-based Amigos Bravos water conservation organization, bashed the proposed testing change as another attempt by the Energy Department to cut corners on safeguarding public health.

"It's a shame that our taxpayer money is being used to lower the bar for protections for New Mexico waters and weaken our water quality standards," she said.

The birthplace of the atomic bomb, Los Alamos National Laboratory has more than 130 miles of streams in and around its site, covering 36 square miles. How often it monitors for pollution can range from hourly to yearly and in some cases every five years.

In New Mexico, the U.S. Environmental Protection Agency issues permits for discharges and stormwater runoff, and the state checks whether the water quality meets its standards.

John Toll, an Energy Department consultant, testified that the state's required testing method was never officially approved by the EPA so New Mexico must use the EPA-backed test — what energy officials are proposing.

He also said the state, in turn, cannot require testing that detects amounts of PCBs lower than the minimum levels described in the federal guidelines.

Shelly Lemon, the state Environment Department's Surface Water Quality Bureau chief, argued that states can adopt regulations that are more stringent than federal rules. More specifically, she wrote that state law doesn't bar agencies from adopting standards that are stricter than the Clean Water Act.

Lemon noted that New Mexico's current testing method is the only known one that can assess whether wastewater and other discharges comply with the state's criteria as well as federal pollutant permit limits, including for PCBs. The tests are state approved and written into the regulations.

New Mexico residents, including those in Indigenous pueblos near the lab, benefit by having more information about the water they consume, not less, said Maggie Hart Stebbins, state natural resources trustee.

Oklahoma-Based Devon Energy Agrees To $6.15M Settlement - Associated Press

Oklahoma City-based Devon Energy Corporation has agreed to a $6.15 million settlement agreement with the federal government over allegations it underpaid royalties on federal leases, the U.S. Department of Justice announced Monday.

The settlement resolves allegations that Devon underpaid and underreported royalties from federal natural gas leases in Wyoming and New Mexico, the department said in a press release.

"The United States allows companies to remove gas from federal lands, which belong to all of us, in exchange for the payment of appropriate royalties," Acting Assistant Attorney General Brian M. Boynton of the Justice Department's Civil Division said in a statement. "This settlement demonstrates that the government will hold accountable those who take improper advantage of public resources."

Devon disputed the federal allegations and did not admit liability as part of the agreement. A company spokeswoman did not immediately respond to a message left by The Associated Press seeking comment about the settlement.

Army: Soldier Says She Was Assaulted By Afghan Refugees - By Lolita C. Baldor Associated Press

A soldier reported that she was assaulted by a small group of Afghan refugees at a shelter complex set up for the refugees in New Mexico, Fort Bliss officials said.

A Fort Bliss statement said the assault happened Sept. 19 at the Fort Bliss Doña Ana County Range Complex about 40 miles north of El Paso, Texas.

"We take the allegation seriously and appropriately referred the matter to the Federal Bureau of Investigation," said a Fort Bliss statement.

The soldier was reporting for her shift around midnight when three to four men attacked her, according to a U.S. Defense Department official. She had minor physical injuries and was able to get away. She was not sexually assaulted, said the official, who spoke on condition of anonymity to discuss an ongoing investigation.

The official said that soldiers on duty operate with a buddy system, but the female soldier was just arriving and had not yet linked up with her buddy for the shift.

The official said that no one had yet been charged and that the FBI was investigating. It was unclear if law enforcement had identified the attackers.

The Fort Bliss statement said the woman was immediately provided "appropriate care, counseling and support" and that security measures at the complex were being strengthened.

U.S. Rep. Yvette Herrell, the New Mexico Republican representing the district where the complex is situated, said her staff was also investigating.

The U.S. government erected the complex in late August and early September to house thousands of Afghan refugees from the Taliban.

According to the Fort Bliss statement, all Afghan nationals are subjected to "a multi-layer screening and vetting process" before being admitted to the United States.

The process "involves biometric and biographic screenings conducted by intelligence, law enforcement, and counterterrorism professionals" from the Department of Homeland Security, FBI, the National Counterterrorism Center and other intelligence community resources. 

Navajo Nation Reports 20 More COVID-19 Cases, But No Deaths - Associated Press

The Navajo Nation on Monday reported 20 more COVID-19 cases, but no additional deaths.

The latest numbers pushed the tribe's totals to 33,800 confirmed COVID-19 cases from the virus since the pandemic began more than a year ago. The known death toll remains at 1,442.

Based on cases from Sept. 10-23, the Navajo Department of Health issued an advisory for 40 communities due to an uncontrolled spread of COVID-19. 

Navajo officials are urging people to get vaccinated, wear masks while in public and minimize their travel. 

Officials said all Navajo Nation executive branch employees will need to be fully vaccinated against the virus by the end of this month or submit to regular testing.

The new rules apply to full, part-time and temporary employees, including those working for tribal enterprises like utilities, shopping centers and casinos. 

Any worker who does not show proof of vaccination by Sept. 29 must be tested every two weeks or face discipline.

The tribe's reservation is the country's largest at 27,000 square miles and it covers parts of Arizona, New Mexico and Utah.