Petition for a Writ of Mandamus filed against the Secretary-Designate of the NM PED

ATF, along with its state affiliate AFT NM and three New Mexico Legislators, has filed in District Court, a Petition for a Writ of Mandamus against the Secretary-Designate of the NM Public Education Department. The action seeks to invalidate the PED’s teacher evaluation policies enacted through rule change enacted without legislative approved statutory authority. Once filed, a response is a mandatory requirement. The following documents are that responses filed with District court from the PED and Secretary-Designate Hanna Skandera. If the Court rules favorably on the petition, it could direct the PED to stop the implementation of the rule. The District court will now take up the matter in a hearing scheduled for November 21, 2013.

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Petition for a Writ of Mandamus filed against the Secretary-Designate of the NM PED

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  • Joy Garratt

    Matt Montano’s affadavit, which does not address the fact that non-administrators can evaluate teachers according to PED rule, is attached to both links. There are charter schools where they now have non-educator, non-teacher or non principal-certified administrators doing evaluations.

  • Sue D'Nem

    Skandera’s response is under the downloads section. I did not read it through thoroughly, but she seems to be saying that the responsibilities afforded the Secretary by the legislature means the suit should be thrown out. But since she has never been confirmed by the legislature and is, in fact, ineligible for the job based on the legal requirements, she has none of the rights/responsibilities as secretary so anything enacted by executive rule should be thrown out because they have been enacted by one without the authority to do….. well….. anything. Just my opinions…….


  • Dr. Fredda Rosenberg

    Teachers should be evaluated based on proven research such as that published by Dr. Charlotte Danielson of Princeton University. It is abhorrent to learn that non-administrators can evaluate teachers . I have spent more than four decades as an educator in New York State and New Jersey in which there is a mutually agreed upon system of evaluation certainly not a “gotcha” technique. I now have a grandson in the public school system who should not be evaluated primarily on test results and whose excellent teacher does not deserve to be thus evaluated.

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