Yuyun Lusiyani
An extensive investigation by the New Mexico Attorney General’s office has revealed a deeply troubling pattern of "substantial racial disparities" in student discipline at Gallup-McKinley County Schools (GMCS), where Indigenous and Hispanic students are suspended more frequently and for significantly longer durations than their white counterparts, even for similar infractions. The 47-page report, released by the state’s Department of Justice last week, found that Indigenous students lose an alarming eight to ten times more classroom days due to suspensions than white students, while Hispanic students face three to four times as many lost days, underscoring systemic inequities that demand immediate and comprehensive action.
The Stark Reality of Disproportionate Punishment
The findings paint a grim picture of a disciplinary system that disproportionately impacts students of color within a district uniquely positioned as the largest public school system in the country serving a Native American student population. Gallup-McKinley, a vast district spanning an area twice the size of Delaware, encompasses a significant portion of the Navajo Nation, making the implications of these disparities particularly profound for Indigenous communities. The report meticulously details how these racial gaps manifest across all grade levels, including kindergarten and elementary schools, often for vaguely defined infractions such as "disorderly conduct," which can be subjectively applied. This pattern of exclusionary discipline not only removes students from vital learning environments but also contributes to broader social and emotional challenges that can have lasting negative consequences.
The severity of the disparities is not merely anecdotal but quantifiably documented. The report’s analysis of suspension data revealed consistent trends indicating that students from Indigenous and Hispanic backgrounds, who together constitute the vast majority of the district’s enrollment, bear the brunt of disciplinary actions. This disproportionality extends beyond mere suspension rates to the length of time students are excluded from school, exacerbating learning loss and disconnecting them from the supportive structures of their educational community. For Indigenous students, missing up to ten times the instructional days of their white peers represents a significant academic handicap, potentially widening achievement gaps and limiting future opportunities.
A Chronology of Scrutiny and Denial
The Attorney General’s investigation, ordered by state Attorney General Raúl Torrez in 2023, was not an isolated inquiry but a direct response to persistent concerns and groundbreaking investigative journalism. Prior reporting by New Mexico In Depth and ProPublica had previously brought these issues to light, exposing the district’s alarmingly high rates of harsh punishment for Native and Hispanic children. These news organizations revealed that Native students in New Mexico were expelled far more often than any other group, with GMCS alone accounting for at least three-quarters of Native student expulsions during the four school years ending in 2020, despite having only a quarter of New Mexico’s Native student population. This earlier reporting served as a critical catalyst, providing the impetus for the state’s highest legal office to intervene.
Upon the initial revelations, former district Superintendent Mike Hyatt vehemently denied the findings, labeling the news organizations’ reporting as "completely false." Hyatt suggested that the observed disparities were merely a result of the district’s own data entry errors and a broad definition of expulsion, rather than actual systemic issues. However, the state Department of Justice investigators, in their recent report, definitively refute these explanations. They concluded that neither data entry errors nor definitional ambiguities could account for the "substantial racial disparities" uncovered. Hyatt, who has since retired, could not be reached for comment regarding the Attorney General’s conclusive findings. This pattern of initial denial followed by substantiated findings highlights a broader challenge in addressing systemic issues within educational institutions.
Further contributing to the timeline of scrutiny, the Navajo Nation Human Rights Commission issued its own report in March 2026, also citing discrimination within Gallup-McKinley schools and calling for similar reforms. This parallel investigation from a key tribal entity underscores the deep concern within the Indigenous community regarding the district’s practices and reinforces the urgency of the Attorney General’s findings.
Recommendations for Systemic Reform
The New Mexico Attorney General’s report is not merely an indictment but a comprehensive call to action, urging Gallup-McKinley officials to "acknowledge the facts" and actively engage with the community "in remedying its excessive reliance on exclusionary and discriminatory discipline." The report outlines a series of concrete recommendations designed to foster a more equitable and effective disciplinary environment:
- Clear Definitions and Proportional Penalties: The district must establish clear, unambiguous definitions for infractions and corresponding penalty ranges. This aims to reduce subjective interpretation and ensure that punishments are proportional to the offense, thereby minimizing opportunities for bias in application.
- Limiting Suspensions: The report advocates for a significant reduction in the use of out-of-school suspensions, particularly for minor infractions, recognizing their detrimental impact on student learning and well-being.
- Adoption of Restorative Justice Alternatives: A cornerstone recommendation is the implementation of restorative justice practices, such as "talking circles." These approaches shift the focus from punitive measures to repairing harm and fostering understanding. In talking circles, students discuss the impact of their misbehavior on others, explore the underlying reasons for their actions, and consider alternative choices they could have made. Wendy Greyeyes, chair of the Navajo Nation Human Rights Commission, noted that neighboring districts successfully employ such alternatives, though she cautioned that GMCS might face challenges in building trust with its students and families given past practices.
- Accessible Complaint Process and Data Audits: To ensure accountability and transparency, the district is urged to create a clear and easily accessible complaint process for students and families. Furthermore, regular, public audits of discipline data are crucial to monitor progress, identify ongoing disparities, and ensure compliance with new policies.
Investigators emphasized that without fundamental changes to its discipline policies, "children in and around Gallup, along with their families and communities, will remain negatively affected by educational, social, and emotional challenges that stem from the District’s current practices." This stark warning underscores the long-term ramifications of inaction.
Beyond Academics: The Broader Impact
The harm inflicted by disproportionate and excessive suspensions extends far beyond academic setbacks. The Attorney General’s report highlights that out-of-school suspensions deny students access to essential resources, including free school meals, which are a lifeline for many low-income families. Furthermore, students lose opportunities to participate in extracurricular clubs, sports, and volunteer activities, critical components of holistic development and community engagement.
National research, cited in the report, consistently links suspension and expulsion to a host of negative outcomes: lower academic achievement, a higher risk of contact with the criminal justice system (often referred to as the "school-to-prison pipeline"), social isolation, poor physical and mental health outcomes, and ultimately, lower lifetime wages. These consequences disproportionately affect marginalized student populations, perpetuating cycles of poverty and disadvantage. By removing students from the educational environment, schools inadvertently sever connections that could otherwise provide support and guidance, pushing vulnerable youth towards more precarious paths. The emotional toll of feeling targeted or unfairly treated can also lead to disengagement, truancy, and a diminished sense of belonging, further exacerbating the challenges faced by Indigenous and Hispanic youth.
Challenges in Data Integrity and Accountability
A significant concern raised by the Attorney General’s investigation centers on the integrity and transparency of the district’s discipline data. In 2023, following the initial New Mexico In Depth and ProPublica reports, GMCS provided a contract auditor with discipline data that was "inexplicably different" from what it had reported to state and U.S. departments of Education. This discrepancy included thousands of missing disciplinary records, casting serious doubt on the accuracy of the district’s self-reported figures. The news organizations’ own subsequent reporting on the audit found that it could not verify the district’s assertions of a dramatic reduction in out-of-school suspensions.
The new AG report directly confronts this issue, stating, "Instead of taking steps to rectify these problems, leadership denied that they exist and pushed a misleading and flawed counter-analysis." This finding not only undermines the district’s credibility but also highlights a systemic problem of accountability and transparency that must be addressed for any reforms to be effective. Accurate and reliable data is fundamental to identifying disparities, measuring the impact of interventions, and ensuring that policies are truly equitable.
State-Level Accountability and Legislative Hurdles
The Attorney General’s report extends its recommendations beyond the district level, calling for enhanced oversight from state lawmakers and the New Mexico Public Education Department (PED). It advocates for annual, public audits of student discipline data at the state level to prevent disparities from becoming "as extreme and systemic as in Gallup-McKinley," according to Anjana Samant, a deputy director in the state Department of Justice and one of the report’s authors. Such statewide audits would provide a crucial early warning system, allowing for timely interventions before disparities escalate to crisis levels.
Furthermore, the report urges the Public Education Department to mandate that students who are suspended or expelled receive instruction and other educational services while they are out of school. This critical measure would mitigate the academic harm associated with exclusionary discipline, ensuring that even when removed from the regular classroom, students do not fall further behind. Janelle Garcia, a spokesperson for the PED, confirmed that the department is currently reviewing the report.
In a broader legislative context, the report also reignited a debate over the Attorney General’s office’s investigative powers. It called on state lawmakers to revisit legislation from 2023 that would have granted the AG’s office stronger tools to "identify and root out" civil rights violations. This legislation passed both chambers but was ultimately allowed to die without Governor Michelle Lujan Grisham’s signature through a "pocket veto." The governor’s office, through spokesperson Michael Coleman, maintained on Wednesday that she stands by her decision, citing ambiguities regarding whether the proposed new powers "would have trumped federal student privacy protections and allowed the AG to access confidential student records." While acknowledging the legislative hurdle, Coleman emphasized that "what matters now is ensuring the report’s findings are addressed quickly." This tension between privacy concerns and the need for robust oversight highlights a complex policy challenge at the state level.
Official Responses and the Path Forward
In response to the report, Gallup-McKinley Superintendent Jvanna Hanks II indicated that the district is reviewing the recommendations. In an email provided by a public relations firm hired by the district, Hanks stated, "I am leading a period of transition that prioritizes community voices and renews our focus on every student. The School District will be using this report and current student data as part of our review. Our focus is that students should be in school, supported in school, and treated fairly in school." Her statement signals an acknowledgment of the need for change and a commitment to reform, marking a distinct departure from the district’s earlier denials.
The path forward for Gallup-McKinley County Schools will undoubtedly be challenging, requiring not only policy revisions but also a fundamental shift in culture, training for staff, and dedicated resources for implementation. Building trust with students, families, and the broader community, particularly the Navajo Nation, will be paramount. The Attorney General’s report serves as a definitive call for accountability and equity, placing GMCS and the state of New Mexico at a critical juncture in their efforts to ensure that all students, regardless of their background, have an equal opportunity to thrive in a fair and supportive educational environment. The ultimate success of these reforms will depend on sustained commitment from district leadership, robust state oversight, and active engagement from the communities most impacted by these deeply rooted disparities.
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