The Gallup-McKinley County School District in New Mexico, which serves the largest Indigenous student body of any local school district in the country, subjects Navajo students to pervasive discrimination and a climate of fear, according to a report released last week by the Navajo Nation Human Rights Commission.
The 25-page report draws on testimony from parents and community members at four public hearings held in Navajo Nation communities within the school district. It urges the New Mexico attorney general's office to release findings from a two-and-a-half-year investigation into the district's discipline of Indigenous students.
What the Right Is Saying
Some school district officials have previously attributed discipline disparities to factors other than discrimination. The district's former longtime Superintendent Mike Hyatt had downplayed the amount of discipline Native students receive, pointing to poor data collection as an issue.
The attorney general's office itself noted uncertainty about its legal authority to pursue formal action. Lauren Rodriguez, chief of staff to Attorney General Raúl Torrez, said the office's investigation found "troubling disciplinary practices," but it is not clear under state law that the office can "pursue formal legal action against the district for this particular conduct."
Governor Michelle Lujan Grisham vetoed 2023 legislation that would have given the attorney general broad authority to investigate civil rights violations, saying at the time the bill was well-intentioned but would "create confusion" and that "much of the work outlined in the legislation can be undertaken by the AG regardless of whether or not the bill is signed."
The district has not responded to requests for comment on the commission's findings.
What the Left Is Saying
Progressive advocates and Native American leaders say the discipline disparities reflect entrenched racism that continues to harm Indigenous students. Wendy Greyeyes, chair of the Navajo Nation Human Rights Commission and associate professor of Native American studies at the University of New Mexico, said in an interview: "It's our kids, our students, who are suffering the consequences of entrenched racism."
Greyeyes criticized the state Public Education Department for failing to identify discipline disparities in the data it collects from districts. "There's obviously not a clear auditing of data that's being collected," she said.
The report recommends the district adopt a discipline policy based on restorative justice, a strategy that seeks to rebuild relationships rather than simply punish students. Greyeyes pointed to existing talking-circles programs at New Mexico's Cuba Independent School District and the STAR School east of Flagstaff, Arizona, as potential models.
Advocates also support comprehensive state civil rights legislation that would give the attorney general explicit authority to investigate and prosecute systemic inequities in public agencies, similar to the federal Department of Justice's capabilities.
What the Numbers Show
A December 2022 investigation by New Mexico In Depth and ProPublica found that Indigenous students were punished more harshly than other students in New Mexico during the four years ending in 2020. An analysis of student discipline records from across the state showed that the Gallup-McKinley district was largely responsible for that disparity.
The Navajo Nation Human Rights Commission's report is 25 pages and based on testimony from four public hearings held in September and October. The hearings included testimony from parents, students and community members describing harsh discipline, language barriers, discriminatory hiring practices, problems with special education plans and inadequate classroom heating systems.
The attorney general's investigation, opened in 2023, is now complete. While the office has found "troubling disciplinary practices," it remains unclear what specific enforcement actions will follow given the legal limitations identified.
The Bottom Line
The Navajo Nation Human Rights Commission is calling for a formal agreement between the Navajo Nation and Gallup-McKinley to adopt restorative justice policies, along with a comprehensive state financial audit of spending on Native education compared to other students. The commission also wants the state education department to better manage and track student discipline data.
Attorney General Torrez has pushed for comprehensive state civil rights legislation since 2023 to give his office explicit authority to investigate and prosecute systemic inequities. The governor's veto of the 2023 bill leaves a gap in enforcement capability, though Torrez has said his office believes it has implied authority to pursue such cases.
The story highlights a tension between findings of discrimination and legal limitations on enforcement. The AG's office says it remains committed to seeing civil rights legislation pass, while advocates argue the state has both the data and the responsibility to act.