by Bryant Furlow, New Mexico In Depth with ProPublica

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Series: Unequal Discipline:Native Students Face Harsh Discipline in New Mexico

Native American students in New Mexico are expelled far more often than members of any other group. One school district, Gallup-McKinley County Schools, is responsible for most of that disparity.

New Mexico Attorney General Raรบl Torrez is opening an investigation into disproportionately harsh punishment of Native American children by Gallup-McKinley County Schools.

New Mexico In Depth and ProPublica reported in December that Native students are expelled from the stateโ€™s public schools at a much higher rate than other children, and that Gallup-McKinley, with the largest Native student population of any public school district in the U.S., is largely responsible.

The district, which includes large swaths of the Navajo Nation in northwestern New Mexico, enrolls a quarter of the stateโ€™s Native students but was responsible for at least three-quarters of Native expulsions in the 2016-17 to 2019-20 school years, according to student discipline data. The districtโ€™s annual expulsion rate was 4.6 per 1,000 students, at least 10 times as high as the rest of the state during those four school years.

After the news outlets published their investigation, superintendent Mike Hyatt disputed those findings, claiming that the district had made an error in how it classified discipline, which drove up expulsion rates. (He said his district had misreported suspensions to the state Public Education Department as expulsions.) But Gallup-McKinleyโ€™s rate of student removals from school for 90 days or longer, regardless of what those removals were called, remained far higher than in the rest of the state, the news outlets found.

Gallup-McKinley officials did not respond to questions about Torrezโ€™s intention to investigate the districtโ€™s discipline disparities.

The attorney generalโ€™s office has traditionally defended public agencies accused of wrongdoing rather than investigating them. Torrez, who took office in January, told New Mexico In Depth heโ€™s dismayed that itโ€™s taken this long for the attorney generalโ€™s office to investigate agencies and school districts suspected of violating New Mexicansโ€™ civil rights.

โ€œItโ€™s embarrassing, frankly, when I speak with colleagues from other states who have been doing this work since the 1970s,โ€ Torrez said.

In March, state lawmakers passed a bill that would have enshrined a new Civil Rights Division in the attorney generalโ€™s office. Gov. Michelle Lujan Grisham didnโ€™t sign the bill into law, noting that the agency already had the authority to pursue civil rights cases and that executive agencies can police themselves.

The legislation would have granted the attorney general authority to demand records from public bodies suspected of civil rights violations, which the agency does not have now. Without that authority, his investigators must get public bodies to cooperate and, if they refuse, sue them in court to obtain records โ€” a much longer process.

The governorโ€™s office did not respond to questions about the attorney generalโ€™s investigation into school discipline at Gallup-McKinley.

Torrez said that investigation will not be limited to expulsion and suspension rates. It will look at how often the district refers students to law enforcement, among other things.

His office is seeking updated student discipline data from the Public Education Department, but for now itโ€™s examining a dataset the news organizations obtained from the department and published online, along with a detailed description of their data analysis. Martha Pincoffs, the acting communications director for the department, said that it plans to share updated data with Torrezโ€™s office.

Torrez did not say when his office would formally notify Gallup-McKinley of its investigation, and itโ€™s unclear how long the probe will take.

โ€œOur hope is that they will voluntarily change these practices,โ€ he said.

Torrez also wants to take control of the stateโ€™s response to a decade-old lawsuit in which a judge ruled that the state had violated the educational rights of Native Americans, English-language learners and disabled and low-income children.

Caroline Sweeney, spokesperson for Lujan Grisham, defended her administrationโ€™s work to resolve that suit, known as Yazzie-Martinez, and suggested that Torrez focus on holding local school districts accountable.

The grandmother of one Navajo middle school student whose removals from a Gallup-McKinley school were described in New Mexico In Depth and ProPublicaโ€™s story said the investigation was welcome news. (New Mexico In Depth and ProPublica agreed not to name her or use her grandsonโ€™s full name due to her fear that he would face retribution in school.)

โ€œIโ€™m not too sure Gallup-McKinley will be honest with them, though,โ€ she said.

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