EDUCATION
New Mexico AG investigation finds Gallup schools more severely discipline Native, Hispanic students
District leaders say they are reviewing NMDOJ report and working to treat all students fairly
The New Mexico Department of Justice recently published the results of a yearslong investigation into Gallup-McKinley County Schools and found that the district disproportionately disciplines Native American and Hispanic students, causing them to miss exponentially more instructional time than other students across the state.
Attorney General Ra煤l Torrez鈥檚 found that the district鈥檚 students lose 鈥渁t least twice as many鈥 instructional days as those in other New Mexico districts to out-of-school suspensions. It鈥檚 even higher for Native American and Hispanic students, who lose 鈥渞oughly eight to 10 times鈥 and three to four times as many school days, respectively, as their white peers, according to the report.
Teachers in the district impose harsher penalties on Native and Hispanic students than on white students, the report says.
Torrez鈥檚 office in 2023 following news that the district drove New Mexico鈥檚 outsized rates of expelling Native students.
In the agency鈥檚 new report, titled 鈥淔orced Out: How Exclusionary and Disparate Disciplinary Practices at Gallup-McKinley County Schools Rob Students of Instructional Time,鈥 NMDOJ officials wrote that the district 鈥渁ppears to have made progress鈥 in some areas, including reducing its number of expulsions and referrals to law enforcement agencies.
The Navajo Nation Human Rights Commission in March also issued a report that called on district leaders to adopt a new, culturally appropriate disciplinary system in light of these longstanding allegations.
A district spokesperson in a statement that under Superintendent Jvanna Hanks鈥 leadership, district leaders created , which will include positions 鈥渄esignated for members of the Native American community.鈥
鈥淕allup-McKinley County Schools is aware of and has been reviewing the New Mexico Department of Justice report and appreciates NMDOJ鈥檚 work to help ensure all students are treated fairly, supported appropriately and able to remain engaged in learning,鈥 the statement said.
Broadly, the issue of lost instructional time has for state lawmakers in recent months. A June Legislative Finance Committee found that a $2.6 billion investment aimed in large part at complying with the state鈥檚 landmark Yazzie/Martinez educational equity lawsuit had done little to rectify the issue of kids missing out on learning time.
Students across the state are required to annually attend a minimum of 1,140 instruction hours. The average absentee student in New Mexico missed about 215 hours in the 2024-25 school year 鈥 nearly one-fifth of the total required learning time, according to that report.
However, Kevin Mitchell, president of the Gallup-McKinley County Schools Board of Education, pushed back on the NMDOJ findings. Native American students will comprise the majority of the district鈥檚 disciplinary actions because the majority of its students are Native, he said.
The sprawling district sits in the Four Corners region and includes portions of the Navajo Nation. In fact, nearly 54% of Gallup鈥檚 population is Indigenous, .
鈥淚t doesn鈥檛 take a rocket scientist to figure out we鈥檙e talking about 89% Native American population throughout the whole district 鈥 it could be a little higher,鈥 Mitchell said. 鈥溾榊ou guys are disciplining Native Americans more than other students.鈥 Well, of course 鈥 it鈥檚 all we have.鈥
Mitchell added that many of his district鈥檚 schools serve small, rural communities, meaning a handful of chronic offenders in the classroom can skew overall disciplinary rates.
In a follow-up statement to Source NM, Mitchell wrote that he and his elected colleagues on the Board of Education have 鈥渃onsistently fought for quality education for all students,鈥 citing the new Equity Council and the re-establishment of an Indian Education Committee.
鈥淭his work does not end with one report or meeting,鈥 Mitchell wrote.