ALBUQUERQUE, N.M. (KRQE) – More than six years after an Albuquerque Public Schools high school teacher made headlines for a racial remark in the classroom, the New Mexico Supreme Court now says a precedent-setting lawsuit against APS can move forward. The lawsuit centers around what happened to now-former student McKenzie Johnson back in 2018 when Johnson said her English teacher crossed the line. Story continues below Community: Pillar of Albuquerque cycling community killed in hit and run Entertainment: ABQ city councilors request funding for playscape at balloon museum Crime: Will Couy Griffin accept a pardon for his Jan. 6th conviction? In 2018 on Halloween day, Johnson said a teacher called her a "bloody Indian" and then cut another student's braid off during a class lesson. "Thinking back to how if I wasn't there that day how would have this case gone? who would of committed actions towards this, you know? Who would have done it if I wasn't there or how long would it have gone for if I didn't say anything?" said Johnson. While APS said that teacher quit soon after, by 2020, Johnson filed a lawsuit against the district claiming they violated the New Mexico Human Rights Act. A district court judge originally dismissed that lawsuit in 2021 saying the act didn't apply to schools. However, the appeals court overturned the decision in 2023 and on Thursday, the New Mexico Supreme Court reaffirmed that decision saying Johnson's lawsuit is clear to move forward. "It's precedent that ensures children of protected classes in New Mexico will have stronger protection under our New Mexico Human Rights Act from discriminations in school settings," said Leon Howard, ACLU attorney representing Johnson. Johnson said she's grateful for the decision and looking forward to her day in court. "I'm just like, I'm still trying process it when I heard the news this morning from my lawyer," said Johnson. "She's made history in New Mexico that's going to protect children from discrimination in schools from this day forward," said Howard. The case will now head back to district court for a new possible trial. The ACLU of New Mexico said it's still open to talking with the district to see if it they can resolve the matter outside of court. KRQE News 13 reached out to APS for comment and received this statement: What happened at Cibola was unacceptable. That said, we’re disappointed in the ruling because we believe it improperly expands existing law, bypasses the Legislature and overturns the court’s own legal precedent. We fear it will have a negative and chilling impact on public school teachers across the state. Nevertheless, the court has made its ruling, and we accept it. Martin Salazar, Communications Director, Albuquerque Public Schools