A recent investigation by the New Mexico Department of Justice has identified “substantial racial disparities” in disciplinary practices within the Gallup-McKinley County Schools district, where Indigenous and Hispanic students face significantly harsher punishments than their white peers for similar infractions. The 47-page report, released last week, details how these students lose disproportionately more classroom time to suspensions, prompting state officials to call for immediate systemic reforms and increased oversight.
Gallup-McKinley, a sprawling district that encompasses portions of the Navajo Nation, maintains the largest Native American student population of any public school district in the country. According to the state investigation, Indigenous students lose eight to 10 times more classroom days to suspensions compared to white students, while Hispanic students lose three to four times as many. These findings mirror concerns raised in previous years regarding the treatment of students in the district, which serves as a major educational hub for the region.
Origins of the State Investigation
The state-level inquiry was initiated by New Mexico Attorney General Raúl Torrez in 2023. The move followed investigative reports that highlighted high rates of exclusionary discipline, such as expulsions and out-of-school suspensions, disproportionately affecting Native and Hispanic children. Data analyzed during the investigation covered a multi-year period, revealing that the disparities were present even in kindergarten and early elementary grades, often for subjective infractions like “disorderly conduct.”
In response to earlier reports, former district Superintendent Mike Hyatt had characterized the findings as inaccurate, attributing the skewed numbers to potential data entry errors and a broad interpretation of disciplinary policies. However, the Department of Justice investigators concluded that these explanations failed to account for the clear racial patterns identified in the district’s own records. State investigators noted that when faced with these issues, district leadership at the time denied the problems existed and relied on what the report termed a “misleading and flawed counter-analysis.”
Recommendations for Reform
The report emphasizes that the district must “acknowledge the facts” and pivot toward restorative justice to address what investigators called an “excessive reliance on exclusionary and discriminatory discipline.” Key recommendations from the Department of Justice include:
- Establishing clear, standardized definitions for student infractions and their corresponding penalties to ensure proportionality.
- Implementing restorative justice programs, such as talking circles, which encourage students to understand the impact of their actions rather than relying solely on punitive measures.
- Creating an accessible, transparent complaint process for families to report grievances regarding disciplinary actions.
- Publishing regular, public audits of all discipline data to ensure accountability and track progress.
These recommendations align with a separate March 2026 report from the Navajo Nation Human Rights Commission, which also urged the district to adopt more equitable disciplinary alternatives. Wendy Greyeyes, chair of the commission, highlighted that while neighboring districts have successfully moved toward these restorative models, Gallup-McKinley faces a significant challenge in rebuilding trust with the community.
Broader Implications for Student Welfare
The Department of Justice report warns that the consequences of these disciplinary practices extend far beyond the classroom. Out-of-school suspensions effectively strip students of access to essential services, including free school meals and participation in extracurricular activities. Research cited in the report links frequent suspension and expulsion to long-term negative outcomes, such as reduced academic achievement, increased risk of contact with the criminal justice system, and lower lifetime earnings.
Investigators also pointed to discrepancies in record-keeping. In 2023, the district provided a contract auditor with data that was described as “inexplicably different” from information reported to both state and federal departments of education, with thousands of disciplinary records missing from the sets. This lack of transparency has led the state to call for more robust oversight, including mandatory annual audits of student discipline across all districts in New Mexico.
The Path Forward
Current district leadership has acknowledged the report’s findings. Superintendent Jvanna Hanks II, who is leading the district through this transition, stated that the school system is reviewing the recommendations and current student data. “Our focus is that students should be in school, supported in school, and treated fairly in school,” Hanks said in a statement provided via a public relations firm.
At the state level, the New Mexico Public Education Department is currently reviewing the findings to determine how to better enforce oversight. While legislation aimed at granting the Attorney General’s office expanded investigative powers for civil rights violations passed in 2023, it was ultimately blocked by a pocket veto from Governor Michelle Lujan Grisham. The Governor’s office cited concerns over whether such powers would conflict with federal student privacy protections. As the district begins its review process, the state remains under pressure to ensure that the systemic issues identified in the report are addressed to protect the educational rights of all students in the region.
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