NM Attorney General seeks control over state response to Yazzie-Martinez

New Mexico Attorney General Raúl Torrez wants to take over the state’s “slow progress” in reforming public education to ensure all children are sufficiently educated as required by a landmark 2018 court ruling. The judge in that lawsuit found the state had violated the educational rights of Native American, English language-learners, disabled and low-income children. 

“There is frustration with the lack of progress over the past five years,” Torrez told New Mexico In Depth on Friday. “We’ve informed the governor’s office that we intend to resume control over the Yazzie-Martinez litigation.” 

Since the 2018 ruling, Gov. Michelle Lujan Grisham’s administration has resisted efforts for deep reforms to public education sought by plaintiffs in the lawsuit and a coalition of advocacy organizations pushing for changes. In 2020, it asked a state judge to end court oversight of the case, saying the state had fully complied with the 2018 ruling. The judge denied that request, however, saying oversight should stay in place until long-term reforms are adopted.Caroline Sweeney, spokesperson for Lujan Grisham, defended her administration’s work to resolve the Yazzie-Martinez lawsuit, pointing to significantly increased public school funding, the creation of new state agencies focused on special and early education, and increasing required instructional hours.

New Mexico expands restorative justice pilot project

A state pilot program to implement a new discipline approach called restorative justice will expand from 12 to 24 schools in the coming year, according to program coordinator Emma Green. 

Green appeared on the local public affairs show New Mexico In Focus last week, explaining restorative justice as a philosophical shift away from zero tolerance, exclusionary, traditional punitive model and a shift when possible toward accountability-based consequences. It brings together the person harmed and the person who did the harm to determine how to make it right, she said. 

“I have done over 300 talking circles,” Green said, “And I have never seen more accountability in any human than when somebody understands that they harmed someone else, that maybe they didn’t understand the ripple effect of their action.” 

New Mexico In Depth published a story earlier this month about restorative justice to explore new approaches to school discipline after finding that Indigenous students in New Mexico disproportionately experience harsher punitive discipline than other student groups. Executive Director Trip Jennings joined Green and NMiF Executive Producer Jeff Proctor to discuss that work and how restorative justice is gaining a foothold in New Mexico schools:

Growing number of NM schools pursue restorative justice to keep kids in schools

On a brisk February morning with snow on the ground, children arrived at Tsé Bit A’í Middle School in Shiprock, on the Navajo Nation in northwestern New Mexico. Word in the hallway was something was afoot: Substitute teachers were waiting in each classroom. 

The children’s 35 regular teachers were spotted, sitting in a large circle in the library. Students paused at the doorway to watch. The teachers, along with school counselors, were training in a new disciplinary approach, often referred to as “restorative justice,” which seeks to rebuild relationships, not simply punish the student who caused the harm. It’s a model New Mexico’s state education department has begun testing with a pilot project in a few other school districts.  

Rooted in the belief that everybody has a role to play in addressing harm, restorative justice largely relies on people talking and listening carefully to one another.

Gov. nixes civil rights division, but attorney general indicates he’ll still act

New Mexico Gov. Michelle Lujan Grisham killed a bill Friday that would have strengthened Attorney General Raúl Torrez’s authority to protect children’s rights and address racial disparities in how schools discipline children. The AG’s office defends state agencies accused of wrongdoing, but Torrez had wanted a new Civil Rights Division to investigate abuses by state agencies, school districts and other public bodies. Attorneys general in other states pursue civil rights cases, he noted. Both chambers of the Legislature listened, passing the bill in the final week of the legislative session. Days before the deadline for acting on legislation, Lujan Grisham expressed mixed feelings about the legislation, saying prosecutors already have tools to investigate neglect and abuse, according to the Albuquerque Journal.

Gallup school discipline event generates large turnout, passionate conversations

Dozens of people turned out April 1 to discuss, sometimes passionately, even angrily, the high rates of harsh discipline of Native students meted out by the Gallup-McKinley Public Schools district. Sponsored by news organizations New Mexico In Depth and ProPublica, in collaboration with  the McKinley Community Health Alliance, the turnout of about 70 people, mostly Navajo, at the University of New Mexico’s Gallup campus, showcased community interest generated by a story New Mexico In Depth and ProPublica published in December. The news outlets found that Native American students are expelled from New Mexico’s public schools far more frequently than other student groups, in large part due to practices at the Gallup-McKinley County Schools district. Seventy people turned out for a discussion of school discipline on April 1, 2023 in Gallup, NM. Credit: Tara Armijo-Prewitt

Gallup-McKinley, which enrolls more Native students than any other public school district in the country, has expelled children at least 10 times as often as the rest of the state in recent years.

Have a Student in New Mexico Schools? Here Is What to Know About How School Discipline Works.

Credit: Laila Milevski/ProPublica

We wrote this story in plain language. Plain language means it is easier to read for some people. This is a guide to school discipline in New Mexico and Gallup-McKinley County Schools. You can print and share a short copy of this guide. 

This guide is part of a project by ProPublica and New Mexico In Depth. 

We are reporters. We are not lawyers or advocates.

Torrez: School discipline disparities would be priority for new civil rights division

A school bus takes students home in rural New Mexico. Image: Marjorie Childress/New Mexico In Depth

New Mexico Attorney General Raúl Torrez wants the Legislature to make explicit his power to investigate possible civil rights violations in New Mexico, with a focus first on children, including racial disparities in school discipline and problems at the state’s troubled child welfare department. Torrez cited recent reports of a “pattern of disparate penalties or discipline meted out to various groups, particularly Native American students,” as well as “some very serious issues” at the state Children, Youth and Families Department (CYFD) to explain why he has urged the Legislature to create a civil rights division within the Attorney General’s office. 

“We need to get directly involved in protecting the civil rights of our citizens,” Torrez said in a February interview with New Mexico In Depth. “Our first priority will be looking at children.” 

New Mexico In Depth and ProPublica reported in December that Native American students are expelled from New Mexico’s public schools far more frequently than other student groups, in large part due to practices at the Gallup-McKinley County Schools district. Gallup-McKinley, which enrolls more Native students than any other public school district in the country, has expelled children at least 10 times as often as the rest of the state in recent years.

Lawmaker wants to bar most early childhood school suspensions and expulsions

A child plays in an activity area of the New Mexico PreK class at Berrendo Elementary in Roswell. Xchelzin Pena/New Mexico In Depth

New Mexico lawmakers are debating a bill that would curtail expulsions and out-of-school suspensions for the state’s youngest students. National studies show that children in child care and preschool programs are at least three times more likely than older children to be expelled. The bill would bar out-of-school suspensions for children younger than 8 years old, except in cases where the child threatened, attempted or caused bodily injury to another individual that was not in self-defense. And none of those suspensions would be allowed to exceed three days.

Gallup School Superintendent Says Changing a Label Explains Away Its Harsh Native Student Discipline. It Doesn’t.

At New Mexico in Depth and ProPublica, we practice “no surprises” journalism: No one should read anything about themselves in our articles without first having had a chance to respond. 

So journalists in our newsrooms were surprised to read in the Gallup Sun, a weekly newspaper, that the superintendent of Gallup-McKinley County Schools had criticized our story about his school district. We had given him ample opportunity to respond to our reporting, but the Sun did not give us that opportunity in turn. 

Superintendent Mike Hyatt told the Sun and school board members that he ignored our requests to talk to him because he believed we had a predetermined narrative. That’s not the case. ProPublica, a national nonprofit investigative news outlet, partnered with New Mexico In Depth, a state-based nonprofit news organization, to look at school discipline across New Mexico. We wanted to understand what was driving high rates of discipline for Native American students in the state.

Native leaders say tribal education trust fund would be game changer

Education programs run by Native American tribes in New Mexico rely in part on money from the state, but accessing those dollars makes it difficult to complete all of the work they envision.Tribal leaders and advocates have long lobbied for a change. This year they want to make it happen.Each year, tribes can apply for grants, and if their applications are approved, they must spend the money first and then submit documentation to the state for reimbursement. 

On paper, it sounds straightforward. But in reality, sometimes tribes can’t spend down all the money by an artificial deadline. In fiscal year 2020-2021, 22 tribes received grants under the Indian Education Act but only two requested reimbursement for the full amount they were awarded. 

It’s a cycle that repeats year after year, hampering their ability to realize the vision of educating their own children. 

With state lawmakers heading into the 2023 legislative session with a multi-billion dollar surplus, Rep. Derrick Lente, a Democrat from Sandia Pueblo, said he will introduce legislation to create a $50 million tribal education trust fund that would provide tribes automatic funding every year. 

Tribes would use annual interest earned on trust fund money for language revitalization efforts, resources such as wi-fi, and career readiness programs, among other priorities. It would give tribes greater autonomy, Lente said.