Navajo Nation Report Alleges Systemic Discrimination in Major New Mexico School District
A newly released report from the Navajo Nation Human Rights Commission paints a stark picture of widespread discrimination and a “climate of fear” for Navajo students within the Gallup-McKinley County Schools, one of New Mexico’s largest districts and home to the highest population of Indigenous students in any U.S. school district.
The 25-page report is based on emotional public hearings held in Navajo communities last fall. Parents, students, and community members testified about harsh disciplinary actions, language barriers, discriminatory hiring, inadequate special education services, and even failing heating systems in classrooms. The commission’s chair, Dr. Wendy Greyeyes—an associate professor of Native American studies at the University of New Mexico—described an atmosphere of pervasive fear, with some witnesses in tears, worried about retaliation. “Some parents spoke on behalf of children who were too afraid to testify themselves,” she noted.
Investigation Findings Point to Disproportionate Punishment
The commission’s findings align with a prior investigative series published in December 2022 by New Mexico In Depth and ProPublica. That analysis of state discipline data from 2016 to 2020 found Indigenous students in New Mexico were punished more harshly and frequently than their peers. The data showed the Gallup-McKinley district was the primary driver of this statewide disparity.
In response to that 2022 investigation, New Mexico Attorney General Raúl Torrez opened an inquiry into the district’s disciplinary practices in 2023. Last week, Torrez’s chief of staff, Lauren Rodriguez, confirmed that the “exhaustive” investigation is complete. She stated the office found “troubling disciplinary practices” and has recommended that the New Mexico Public Education Department (PED) enforce stricter reporting requirements for student discipline data to better track disparities. This directly contradicts the stance of the district’s former superintendent, Mike Hyatt, who had previously attributed the disparity to poor data collection rather than discriminatory practices.
Legal Hurdles and Calls for Legislative Action
Despite its findings, the Attorney General’s office acknowledged a significant legal limitation. A spokesperson explained that under the current New Mexico Civil Rights Act, the office lacks explicit authority to pursue formal legal action against a public body for systemic civil rights violations—a power held by the federal Department of Justice. This gap in state law is why Torrez has advocated since 2023 for comprehensive civil rights legislation.
Such a bill, which had bipartisan support, passed the legislature in 2023 but was vetoed by Governor Michelle Lujan Grisham. The governor stated the bill, while well-intentioned, would “create confusion” and that the AG could undertake much of the work without it. Torrez maintains his office has implied authority but stresses that statutory clarity is essential. His office remains committed to pushing for such legislation.
Recommendations for Systemic Change
The Navajo Nation Human Rights Commission’s report offers specific remedies. It calls for a formal agreement between the Navajo Nation and the Gallup-McKinley district to adopt a restorative justice discipline policy, focusing on repairing harm and relationships rather than punishment. The report points to existing models, such as the talking-circles programs at New Mexico’s Cuba Independent School District and the STAR School on the Navajo Nation in Arizona.
Other key recommendations include:
- A comprehensive state financial audit comparing education spending for Native students versus other student groups in the district.
- Improved management and auditing of student discipline data by the PED, which Greyeyes says failed to catch the disparities: “There’s obviously not a clear auditing of data that’s being collected.”
The Gallup-McKinley County Schools district did not respond to multiple requests for comment on the report.
Rooted in History, Demanding a Response
Greyeyes frames the issues not as isolated incidents but as symptoms of deeper, historical forces. “The problems identified in the commission’s report are ‘rooted in colonization,’” she said. “It’s rooted in institutional racism. A lot of these things are accepted sometimes even by our own Navajo people, and we need to bring this information out and figure out a way to address these issues.”
The report’s recommendations, she asserts, are the starting point for that crucial conversation. With the Attorney General’s investigative findings now complete and the Navajo Nation’s community testimony documented, the pressure is on state lawmakers and education officials to determine if New Mexico’s legal framework is sufficient to protect the rights and well-being of its Indigenous students.
