>> FUNDING FOR NEW MEXICO IN FOCUS PROVIDED BY VIEWERS  LIKE YOU.

>> Lou: THIS WEEK ON NEW  MEXICO IN FOCUS FROM THE CLASSROOM TO THE COURTROOM,  AN EXCLUSIVE INTERVIEW WITH STATE ATTORNEY GENERAL RAUL  TORREZ ON PUBLIC EDUCATION REFORM AND HIS INVESTIGATION  INTO HARSH DISCIPLINE AT THE SCHOOL DISTRICTS WITH THE MOST  INDIGENOUS STUDENTS IN THE COUNTRY.

>> Torres: I AM NOT GOING TO STAND ASIDE WHILE CHILDREN ARE  NOT GETTING THE EDUCATION THAT THEY ARE CONSTITUTIONALLY  ENTITLED TO.

>> Lou: AND A SPECIAL ROUND  TABLE DISCUSSION ON WHAT THE AG CALLED STALLED PROGRESS TO  THE YAZZIE MARTINEZ 2018 RULING.

NEW MEXICO IN FOCUS STARTS NOW.

THANKS FOR JOINING US THIS WEEK.

I AM SENIOR PRODUCER LOU DIVIZIO.

IT HAS BEEN FIVE YEARS SINCE JUDGE MANDATED GREATER  EDUCATIONAL EQUITY IN THE LANDMARK YAZZI MARTINEZ  RULING, BUT, THE STATE ATTORNEY GENERAL, RAUL TORREZ,  TELLS NEW MEXICO IN-DEPTH'S BRIAN FURLOUGH THIS IS, QUOTE,  FRUSTRATION WITH THE LACK OF PROGRESS, UNQUOTE.

HE INTENDS TO TAKE OVER THE CASE AND IN LESS THAN 15  MINUTES, EXECUTIVE PRODUCER JEFF PROCTOR ASKS SPECIAL  ROUNDTABLE IF THE DISADVANTAGED INDIGENOUS AND  DISADVANTAGED COMMUNITIES ARE HOPEFUL THAT TORREZ WILL GET  THINGS DONE.

THEN WE SHIFT OUR ATTENTION TO  ANOTHER SPLASH TORREZ MADE IN THE HEADLINES LAST MONTH.

THE FIRST TERM DEMOCRATIC AG ANNOUNCED PLANS TO INVESTIGATE  GALLUP MCKINLEY COUNTY SCHOOLS FOLLOWING AN INVESTIGATION  FROM NEW MEXICO IN-DEPTH AND PROPUBLICA THAT SPOTLIGHTED  THE DISTRICT'S DISPROPORTIONATELY HARSH  DISCIPLINE OF NATIVE AMERICAN STUDENTS.

IN THE SECOND HALF OF TODAY'S SHOW, JEFF ASKS OUR ROUNDTABLE  ABOUT THE LIMITS OF THE ATTORNEY GENERAL'S POWER TO  FORCE CHANGE.

BUT FIRST, IN PARTNERSHIP WITH NEW MEXICO IN-DEPTH, EXECUTIVE  DIRECTOR TRIP JENNINGS' EXCLUSIVE INTERVIEW WITH  ATTORNEY GENERAL TORREZ.

IN PART ONE OF THEIR  CONVERSATION, TRIP ASKS TORREZ WHY HE DECIDED TO STEP IN ON  THE YAZZIE MARTINEZ CASE?

>> Trip: RAUL TORREZ, THANK  YOU SO MUCH FOR JOINING ME ON NEW MEXICO IN FOCUS THIS WEEK.

>> Raul: THANKS FOR HAVING ME.

>> Trip: AS WE JUST HEARD, YOU  WANT TO TAKE OVER THE LITIGATION OF THE LANDMARK  YAZZIE MARTINEZ CASE.

YOU TOLD MY REPORTER BRYANT  FURLOW LAST MONTH THAT YOU HAVE BROAD AUTHORITY TO DO  THIS.

CAN YOU EXPLAIN TO OUR  AUDIENCE WHAT THAT AUTHORITY IS AND HOW IT WORKS?

>> Raul: WELL, ACTUALLY BEFORE I GET INTO THE AUTHORITY THAT  THE ATTORNEY GENERAL'S OFFICE HAS, I THINK ONE OF THE THINGS  THAT IS REALLY IMPORTANT FOR PEOPLE TO UNDERSTAND IS THE  ROLE THAT I THINK THE ATTORNEY GENERAL'S OFFICE NEEDS TO PLAY  IN BEING AN ADVOCATE FOR PEOPLE THAT FRANKLY DON'T HAVE  THE RESOURCES OR THE OPPORTUNITY TO ADVOCATE FOR  THEMSELVES.

AND IT IS REALLY THAT  RECOGNITION OF THAT FUNDAMENTAL DUTY THAT HAS  DRAWN ME TO TRY AND BE MORE OF AN ADVOCATE FOR THE LEAST  ADVANTAGED AND THAT STARTS, IN MY JUDGMENT, WITH CHILDREN.

AS YOU MENTIONED, THE ATTORNEY GENERAL'S OFFICE IS  RESPONSIBLE FOR REPRESENTING THE STATE, PUBLIC OFFICERS,  INDIVIDUALS, AGENCIES WHENEVER THEY ARE A PARTY TO  LITIGATION.

BUT IN OTHER PARTS OF THE  COUNTRY, THERE IS A BROADER UNDERSTANDING OF THE ROLE OF  THE ATTORNEY GENERAL'S OFFICE THAT DOESN'T JUST PLACE IT AS  A DE FACTO DEFENSE ATTORNEY FOR STATE AGENCIES.

IT ACTUALLY PLAYS AND NEEDS TO PLAY A MUCH BROADER ROLE IN  PROTECTING PUBLIC INTEREST.

SO, WHEN WE TOOK THE ACTION  THAT WE DID WITH RESPECT TO REASSERTING OURSELVES AND OUR  CONTROL OVER THE YAZZI MARTINEZ LITIGATION, IT WAS IN  RECOGNITION OF THE FACTS THAT WE HAVE BOTH AN OBLIGATION TO  REPRESENT THE PUBLIC EDUCATION DEPARTMENT, STATE OF NEW  MEXICO, BUT ALSO AN OBLIGATION AND A CONSTITUTIONAL, AND, I  BELIEVE, A MORAL OBLIGATION TO TRY AND STAND UP AND MAKE SURE  WE ARE ABIDING BY COURT ORDERS AND THAT WE ARE ENSURING THAT  EVERYONE, INCLUDING NEW MEXICO'S CHILDREN, HAVE ACCESS  TO THE RESOURCES THEY NEED.

>> Trip: YOU TOLD BRYANT THAT  YOU WERE FRUSTRATED BY THE LACK OF PROGRESS IN THE YAZZIE  MARTINEZ CASE.

CAN YOU SAY A LITTLE MORE  ABOUT -- I MEAN WERE YOU PERSONALLY FRUSTRATED?

YOU MENTIONED MORAL OBLIGATION.

CAN YOU MAYBE GO INTO THAT A LITTLE MORE WHY YOU FELT IT  WAS NECESSARY TO DO THIS.

>> TORREZ: WELL, YOU KNOW, I  COME FROM A FAMILY, MY FATHER'S SIDE, IN PARTICULAR,  WHERE, YOU KNOW, THERE REALLY WASN'T ENGLISH SPOKEN IN THE  HOME UNTIL THEY WENT TO SCHOOL AND IT WAS EDUCATION, IT WAS  PUBLIC EDUCATION THAT ALLOWED MY FAMILY, MY FATHER'S FAMILY  TO BE LIFTED OUT OF RURAL POVERTY IN NEW MEXICO.

AND, SO, I DON'T JUST LOOK AT THE YAZZIE LITIGATION, THE  MARTINEZ LITIGATION AS SOMETHING THAT NEEDS TO BE  EXAMINED FROM THE LENS OF AN ATTORNEY BUT I THINK ABOUT IT  IN TERMS OF WHAT IT MEANS FOR SO MANY OTHER FAMILIES IN OUR  STATE, BOTH IN URBAN SETTINGS AND ALSO IN RURAL COMMUNITIES,  WHERE THEY NEED ACCESS TO HIGH QUALITY EDUCATION AS A LADDER  OF OPPORTUNITY TO LIFT THEIR FAMILIES UP.

AND, YOU KNOW, YAZZIE MARTINEZ LITIGATION IS REALLY GROUND  BREAKING.

IT IS A REALLY CONSEQUENTIAL  ACTION, AND, QUITE FRANKLY, HAD I BEEN IN THIS ROLE  EARLIER, I PROBABLY WOULD HAVE ASSUMED THE ROLE OF THE  PLAINTIFF, YOU KNOW, THIS ACTION WAS BROUGHT BY THE  CENTER ON LAW AND POVERTY.

IT IS SOMETHING THAT FRANKLY  THE ATTORNEY GENERAL'S OFFICE ADVOCATING ON BEHALF OF THE  RIGHTS OF CHILDREN SHOULD SERIOUSLY CONSIDER ITS ROLE  AND OBLIGATION TO VINDICATE THOSE RIGHTS.

SO, AS YOU KNOW, JUDGE SINGLETON ISSUED AN ORDER OVER  FIVE YEARS AGO WHICH CLEARLY IDENTIFIED CONSTITUTIONAL  VIOLATIONS, INADEQUATE RESOURCES AND A FUNDAMENTAL  FAILURE ON THE PART OF THE STATE TO GIVE EQUAL ACCESS  PRIMARILY TO INDIGENOUS STUDENTS, NATIVE AMERICAN AND  ENGLISH LANGUAGE LEARNERS.

AND IN THAT ORDER SET OUT SOME  BROAD MANDATES THAT THE STATE WAS REQUIRED TO FULFILL.

LOOK THERE HAS BEEN PROGRESS.

THERE HAS BEEN INCREASED.

AND I THINK THE LEGISLATURE AND THE GOVERNOR DESERVE  CREDIT FOR PUTTING MORE MONEY INTO PUBLIC EDUCATION.

THAT SAID, FIVE YEARS ON, WE ARE STILL VERY FAR FROM  SATISFYING OUR CONSTITUTIONAL OBLIGATION TO MAKE SURE THAT  EVERY KID IN THIS STATE HAS THE OPPORTUNITY THAT MY FAMILY  GOT SO MANY GENERATIONS AGO, BECAUSE, YOU KNOW, WE NO  LONGER HAVE THE EXCUSE ANYMORE OF NOT HAVING ENOUGH MONEY.

WE CERTAINLY HAVE BEEN BLESSED WITH LOTS OF OIL AND GAS  REVENUE AND BUDGET SURPLUSES IN THE LAST FEW YEARS.

THE QUESTION NOW IS WHAT KIND OF DEEPER COMMITMENTS WE ARE  GOING TO BE ABLE TO MAKE ON THE PART OF THE STATE TO MAKE  SURE THAT EVERYONE HAS A FAIR AND EQUAL SHOT AT RISING IN  OUR SOCIETY.

SO THAT IS WHAT BROUGHT ME TO  THE LITIGATION.

>> Trip: ASSUMING THAT YOU DO  TAKE OVER THE LITIGATION, WHAT CAN THE PUBLIC EXPECT TO SEE  AS FAR AS, YOU KNOW, THE SPEED, THE PHILOSOPHY, THE  PERSONNEL.

PLEASE BE SPECIFIC SO WE KIND  OF UNDERSTANDED WHAT YOU MEAN.

>> Raul: SO THE FIRST STEP IN  THIS PROCESS WAS TO SIT DOWN WITH THE PLAINTIFFS AND TRY TO  UNDERSTAND THEIR PERSPECTIVE.

WE MET WITH THE YAZZIE LEGAL  TEAM AND THEY INDICATED TO US, YOU KNOW, THEY ARE NOW IN POST  JUDGMENT DISCOVERY.

THEY ARE GATHERING NEW  INFORMATION AND THEY HAVE EXPRESSED FRUSTRATION ABOUT  THE LACK OF A SPECIFIC PLAN.

THAT IS FUNDAMENTALLY WHAT IS  MISSING IN THIS.

THERE HAVE BEEN SOME  ASPIRATIONAL SORT OF REPORTS THAT HAVE BEEN PUT OUT BY THE  STATE BUT THERE IS NOT A CLEAR ROAD MAP FOR PROGRESS  HITTING CERTAIN MILESTONES BY CERTAIN DATES.

NOW, I COME TO THIS AS A SON OF NOT ONLY A CAREER  PROSECUTOR BUT A CAREER PUBLIC SCHOOLTEACHER.

I KNOW ENOUGH TO KNOW THAT I AM NOT AN EDUCATION EXPERT BUT  I ALSO UNDERSTAND THAT WE HAVE EXPERTISE IN THIS STATE ABOUT  HOW TO DEVELOP MEASURABLE METRICS, WHETHER IT MEANS NEW  RESOURCES FOR THE AMOUNT OF FUNDING THAT GOES INTO  CLASSROOMS, THE KIND OF TRANSPORTATION NEED THAT RURAL  COMMUNITIES ARE OFTEN HIT WITH, THE KIND OF SUPPORTS,  TECHNOLOGY THAT NEEDS TO BE DEPLOYED TO THESE DISTRICTS.

AND MY ROLE IN THIS IS TO TRY TO CREATE A FRAMEWORK TO GET  THE PARTIES TALKING AGAIN.

YOU KNOW, ONE OF THE SADDEST  THINGS I LEARNED FROM THE YAZZIE TEAM IS THERE HAS BEEN  NO EFFECTIVE COMMUNICATION BETWEEN THE PLAINTIFFS AND THE  STATE.

WHAT THE STATE HAS BEEN  ENGAGED IN FOR THE LAST SEVERAL YEARS IS TRYING TO DO  EVERYTHING IT CAN TO GO TO COURT, DISMISS THE CASE AND  GET ITSELF OUT.

WHAT IT NEEDS TO BE DOING IS  FIGURING OUT CONCRETE WAYS TO MEET ITS OBLIGATION.

>> Trip: SPEAKING OF THE STATE'S KIND OF ORIENTATION TO  THIS, I MEAN, THE GOVERNOR HAS SAID THAT YOU SHOULD FOCUS ON  ACCOUNTABILITY OF SCHOOL DISTRICTS, YOU SHOULDN'T HAVE  ANY PART OF THIS KIND OF LITIGATION.

WHAT WOULD HAPPEN IF YOU GUYS DON'T AGREE OVER YOUR TAKING  OVER THE LITIGATION?

WHO GETS TO BE THE DECIDER ON  WHAT HAPPENS?

>> Raul: I AM STILL HOPEFUL  THAT WE CAN HAVE PRODUCTIVE CONVERSATIONS WITH THE  GOVERNOR'S OFFICE AND ADMINISTRATION.

AND THAT WE CAN HELP THEM UNDERSTAND WHAT OUR  CONSTITUTIONAL AUTHORITY ACTUALLY IS.

IT IS PRETTY CLEARLY LAID OUT IN STATUTE.

I WOULD HOPE THAT WE WOULDN'T SPEND UNNECESSARY TIME AND  ENERGY ON THE FRONT END BATTLING OVER WHETHER OR NOT I  HAVE THIS AUTHORITY.

IT IS PRETTY CLEAR THAT WE DO.

IT IS PRETTY CLEAR THAT NOT ENOUGH PROGRESS HAS BEEN MADE.

SO, MY RATIONALE FOR GETTING INVOLVED IN THIS IS THAT THE  LEGAL STRATEGY THAT THE STATE HAS ADOPTED UP TO THIS POINT,  AS I SAID, HAS BEEN FOCUSED ON GETTING OUT FROM UNDER COURT  SUPERVISION AND WHAT IT NEEDS TO BE FOCUSED ON IS  COMPLIANCE, CONSTITUTIONAL COMPLIANCE.

>> Trip: IS IT A CASE OF LIKE YOUR ATTORNEYS ARE GOING TO  TALK TO MY ATTORNEYS AND WON'T THIS WORK THIS OUT, IS THAT  HOW IT WORKS?

>> Raul: WELL, THE FIRST THING  IS THAT THE ATTORNEY GENERAL'S OFFICE HAS THE EXCLUSIVE  AUTHORITY TO REPRESENT THE STATE.

THAT IS THE JOB.

AT ITS MOST BASIC LEVEL, IT  HAS THAT OPPORTUNITY AND THAT AUTHORITY.

IF IT BECOMES NECESSARY TO TEST THE LIMITS OF THAT  AUTHORITY, I MEAN, THAT IS SOMETHING WE WILL CERTAINLY DO  IF WE HAVE TO.

BUT, AGAIN, MY HOPE IS IN THIS  THAT WE START HAVING CONVERSATIONS.

WHAT HAS BEEN GOING ON IS THE YAZZIE PLAINTIFFS HAVE BEEN  TAKING DEPOSITIONS OF PEOPLE IN THE PUBLIC EDUCATION  DEPARTMENT AND AS I UNDERSTAND IT, MOST OF THE DEPOSITIONS OF  THE PEOPLE THAT THEY IDENTIFIED AS BEING  RESPONSIBLE FOR IMPLEMENTING YAZZI MARTINEZ ARE NO LONGER  EVEN WITH THE DEPARTMENT.

SO WE HAVE GOT TO GET OUT OF  THE LAWYERING BUSINESS AND MOVE THIS BACK TO A PLACE  WHERE WE ARE ACTUALLY IN THE  PROBLEM-SOLVING BUSINESS.

>> Trip: SO SPEAKING ABOUT  AGREEING, I MEAN, YOU HAVE COME OUT PUBLICLY, CAME OUT  PUBLICLY TO SAY THAT YOU WOULD NOT DEFEND THE GOVERNOR'S GUN  BAN IN COURT.

IS THIS JUST A CASE OF YOU TWO  PLAYING POLITICS?

IS THAT WHAT THIS IS?

>> Raul: LOOK, WE HAVE AN OBLIGATION.

I HAVE AN OBLIGATION TO MAKE SURE THAT THE STATE LIVES UP  TO JUDICIAL ORDERS, RIGHT?

JUDGE SINGLETON MADE IT VERY  CLEAR IN THAT ORDER THAT THE STATE HAD FAILED TO MEET ITS  CONSTITUTIONAL OBLIGATIONS.

AND WHAT IS CLEAR IS THAT, YOU  KNOW, SOMEONE NEEDS TO STEP UP ON BEHALF OF THE STATE OF NEW  MEXICO AND START ADVOCATING FOR THESE CHILDREN AND NOT  ADVOCATING FOR AGENCY HEADS AND PEOPLE WHO ARE NOT MAKING  PROGRESS.

I WOULD BE MORE THAN HAPPY IF  I SAW SUFFICIENT PROGRESS IN THIS CASE AND THE PLAINTIFFS  COULD COME BEFORE THE COURT AND SAY, YES, THE STATE IS  ACTING IN GOOD FAITH AND WE ARE DELIVERING ON THESE  THINGS, TO LEAVE THAT ASIDE, BUT, I AM NOT GOING TO STAND  ASIDE WHILE CHILDREN ARE NOT GETTING THE EDUCATION THEY ARE  CONSTITUTIONALLY ENTITLED TO.

>> Lou: THANKS TO TRIP  JENNINGS AND ATTORNEY GENERAL RAUL TORREZ.

THE SECOND PART OF THEIR CONVERSATION IS COMING UP IN A  LITTLE OVER 15 MINUTES.

RIGHT NOW, WE WANT TO PUT THE  YAZZIE MARTINEZ CASE IN CONTEXT.

WHAT PROMPTED IT, THE STATE'S STRUGGLE TO COMPLY WITH THE  COURT ORDER AND THE IMPLICATIONS OF THE ATTORNEY  GENERAL STEPPING IN.

TO TACKLE ALL OF THAT,  EXECUTIVE PRODUCER JEFF PROCTOR LEADS A SPECIAL PANEL  WITH THREE DIFFERENT PERSPECTIVES ON THE CASE.

>> Jeff: THANKS LOU.

JOINING ME AROUND THE TABLE  ARE REGIS PECOS, FORMER COCHITI PUEBLO GOVERNOR AND  CO-FOUNDER OF THE SANTA FE INDIAN SCHOOL LEADERSHIP  INSTITUTE.

ACROSS THE TABLE YOU HAVE  HEARD FROM TRIP JENNINGS, EXECUTIVE DIRECTOR AT NEW  MEXICO IN-DEPTH AND MY FORMER EDITOR, AND CURRENT APS BOARD  MEMBER AND SENIOR FELLOW AT THE ONE GENERATION FUND,  DANIELLE GONZALES.

THANK YOU ALL FOR BEING HERE.

I WOULD LIKE TO BEGIN BY KIND OF TAKING A STEP BACK TO JULY  2018 WHEN JUDGE SINGLETON MADE HER RULING IN THE YAZZIE  MARTINEZ CASE.

REGIS, WHAT CONDITIONS EXISTED  IN NEW MEXICO PUBLIC SCHOOLS AT THAT TIME AND WHY WAS THIS  CASE NECESSARY?

>> Pecos: IT REALLY WAS, FIRST  OF ALL, AN AFFIRMATION OF WHAT HAS BEEN DOCUMENTED OVER THE  COURSE OF THE LAST 150 YEARS WITH REGARD TO WHAT  DEVASTATING RESULTS BECOME REALITY FROM WEAPONIZING  EDUCATION AS A FORM OF ASSIMILATION, IN THIS CASE,  FOR INDIGENOUS CHILDREN.

THE CULMINATING AFFIRMATION IS  WHAT THE FIRST INDIGENOUS LED STUDY HAD AFFIRMED WHAT IS  NECESSARY TO CREATE NEW SYSTEMS AND INSTITUTIONS TO  REDEFINE EDUCATION SO THAT EDUCATION IS BALANCED WITH ALL  OF THE CORE VALUES NECESSARY FOR THE MAINTENANCE OF THE  WAYS OF LIFE FOR INDIGENOUS PEOPLE.

THE LOW EDUCATION ATTAINMENT MANIFESTING IN POVERTY,  MANIFESTING IN HUNGER, IN HEALTH DISPARITY, CYCLES OF  VIOLENCE AND ULTIMATELY THE HIGHEST RATES OF SUICIDE IN  THE NATION HERE IN NEW MEXICO AND AMONG THOSE TAKING THEIR  LIVES ARE NATIVE CHILDREN.

>> Jeff: THAT IS SOME DEEP AND  HISTORICAL CONTEXT.

DANIELLE, THERE IS NO CHANCE  TO GET TO EVERYTHING THAT WAS IN THE JUDGE'S ORDERS BUT IF  WE COULD, MAYBE, SUMMARIZE A LITTLE BIT, WHAT DID JUDGE  SINGLETON ORDER THE STATE TO DO TO BEGIN TO START TO HEAL  AND RECTIFY WHAT WE JUST DESCRIBED.

>> Gonzales: WHAT IS INTERESTING ABOUT JUDGE  SINGLETON'S ORDER IS SHE LOOKED AT A VARIETY OF  DIFFERENT FACTORS.

ONE WAS LOOKING AT WHAT SHE  CALLS INPUTS AND OUTPUTS TO MAKE HER DECISION.

SO IN TERMS OF INPUTS INTO THE SYSTEM, WHAT ARE THE THINGS  THAT ADULTS WHO ARE RESPONSIBLE FOR THE  EDUCATIONAL SYSTEM HAVE CONTROL OVER AND ARE THOSE  ADEQUATE AND SUFFICIENT?

SHE LOOKED AT EVERYTHING FROM  BUILDINGS, FACILITIES, DESKS, PENCILS TO SOME OF THE LESS  TANGIBLE THINGS LIKE TEACHERS AND THEIR PROFESSIONAL  DEVELOPMENT, TEACHERS AND THEIR TRAINING, INSTRUCTIONAL  MATERIALS AND CURRICULUM.

SO, ARE THOSE INPUTS  SUFFICIENT AND ADEQUATE ENOUGH TO MEET THE NEEDS OF THE FOUR  GROUPS THAT SHE MENTIONED AS AT RISK IN THAT, WHICH ARE AS  WE JUST MENTIONED NATIVE AMERICAN STUDENTS, STUDENTS  WITH DISABILITIES, ENGLISH LEARNERS AND LOW INCOME KIDS.

SO, SHE FOUND THOSE INPUTS ARE INADEQUATE, AND THEN SHE  LOOKED AT THE OUTPUTS AND SHE CHARACTERIZED THOSE IN THREE  WAYS.

ONE IS TEST SCORES.

ONE WAS GRADUATION RATES AND THE OTHER IS COLLEGE  REMEDIATION RATES.

WHEN OUR KIDS ARE LEAVING OUR  K-12 SYSTEM, ARE THEY HAVING TO DO REMEDIAL COURSES IN  HIGHER ED?

THE ANSWER WAS YES AND SHE  CITED A WHOLE LITANY OF DATA ON THAT.

THAT WAS KIND OF THE MAIN THING AND IS THE INPUTS AND  OUTPUTS.

THERE WERE TWO OTHER THINGS I  THINK ARE REALLY IMPORTANT THOUGH.

ONE IS NEW MEXICO ACTUALLY ALREADY HAD IN PLACE AND HAS  IN PLACE A LOT OF THE RIGHT POLICIES, THE LAWS IN OUR  INDIAN EDUCATION ACT AND HISPANIC EDUCATION ACTS AND  BILINGUAL AND MULTICULTURAL EDUCATION ACT AND IN OUR STATE  CONSTITUTION.

SO, ON PAPER OUR STATE HAS  COMMITTED TO THIS CULTURALLY RESPONSIVE, RELEVANT AND  ADEQUATE EDUCATION ALREADY.

SO, SHE FOUND THAT THAT IS  THERE, BUT WE ARE JUST NOT DOING WHAT WE NEED TO BE DOING  TO MEET THOSE LAWS.

THE OTHER THING IS SHE LOOKED  AT FUNDING.

AND FUNDING IN A COUPLE OF  WAYS, WHICH IS, I THINK, A LITTLE BIT UNIQUE TO OTHER  EDUCATION LAWSUITS.

SHE LOOKED AT IS THERE  ADEQUATE FUNDING AND HOW IS IT BEING SPENT AND AGAIN FOUND ON  BOTH FRONTS WE ARE NOT LEADING THE CHARGE.

WE ARE NOT PUTTING ENOUGH MONEY INTO THE SYSTEM AND WE  ARE DON'T HAVE ENOUGH ACCOUNTABILITY OVER HOW IT IS  BEING SPENT, AGAIN, ON THOSE INPUTS AND OUTPUTS.

SO IT WAS A PRETTY RICH DECISION AND WE DON'T HAVE  TIME TO GO INTO ALL THE DETAILS BUT THERE IS A WHOLE  LOT TO DIG INTO THERE WHICH IS A CALL TO ACTION FOR ALL OF US  IN EDUCATION.

>> JEFF: STEMMING FROM, AT THE  END OF THE DAY, A ROLLING CONSTITUTIONAL VIOLATION, AT  THE END OF THE DAY WHAT SHE DETERMINED WAS THAT OUR  EDUCATION SYSTEM, OUR PUBLIC EDUCATION SYSTEM HERE WAS A  ROLLING VIOLATION OF THE STATE CONSTITUTION, RIGHT?

>> Gonzales: ABSOLUTELY.

>> Jeff: FIVE YEARS HAS NOW  PASSED SINCE JUDGE SINGLETON ISSUED HER RULING.

TRIP, I KNOW NEW MEXICO IN-DEPTH HAS COVERED YAZZI  MARTINEZ PRETTY EXPENSIVELY.

I AM CURIOUS, IN THE COURSE OF  THE STORIES THAT YOU HAVE PUBLISHED, PEOPLE YOU HAVE  INTERVIEWED, PEOPLE YOUR REPORTERS HAVE INTERVIEWED,  WHAT HAS THE SENSE FROM THEM BEEN IN TERMS OF PROGRESS AND  COMPLIANCE WITH WHAT WE JUST LAID OUT.

>> Trip: THERE IS A CONVERSATION ABOUT MONEY THAT  IS BEING SPENT OR MAYBE NEW ALLOCATIONS, YOU KNOW.

THAT CONVERSATION IS ONE CONVERSATION.

THEN THERE IS A SEPARATE CONVERSATION ABOUT CURRICULUM  CHANGE, ABOUT GETTING, YOU KNOW, TEACHERS WHO MAYBE LOOK  LIKE THE STUDENTS IN THEIR CLASSROOMS.

AND I THINK ON THE MONETARY CONVERSATION, THE STATE HAS  MADE SOME PROGRESS IN TALKING WITH SOME OF THE FOLKS THAT WE  HAVE INTERVIEWED BUT I THINK THERE ARE THOSE WHO SAY IT IS  NOT AS MUCH PROGRESS AS THEY SHOULD HAVE MADE ESPECIALLY IN  A TIME PERIOD WHERE YOU HAVE HISTORIC SURPLUS.

THE OTHER THING IS, AS FAR AS CURRICULUM CHANGE, GETTING  MORE THE PIPELINE OF TEACHERS, I THINK, THERE NEEDS TO BE A  LOT OF WORK.

THAT IS WHAT WE ARE HEARING  FROM PEOPLE.

I THINK THERE IS A LOT OF  FRUSTRATION WITH NOT AS MUCH PROGRESS AS WAS HOPED FOR.

I MEAN THAT RULING WAS 70 PAGES BUT THE FINDINGS OF  FACTS ARE LIKE 600 PAGES.

IF YOU READ THROUGH THAT, IT  IS EXTRAORDINARY WHAT THE COURT -- WHAT JUDGE SINGLETON,  YOU KNOW, FOUND AND THEN PUT OUT THERE PUBLICLY AND I WILL  TELL YOU THAT I HAVE COVERED EDUCATION HERE AND THERE IN  MANY STATES, NOT JUST NEW MEXICO.

THAT WAS A WEALTH, THAT OPENED MY MIND TO SOME OF THE THINGS  THAT WERE HAPPENING AROUND DISTRICTS RURAL AND URBAN.

AND I THINK THAT THERE HAS NOT BEEN HAS MUCH PROGRESS AS A  LOT OF PEOPLE HOPED FOR.

SOMETHING THAT REGIS AND I  HAVE TALKED ABOUT IS, FRANKLY, WE HAVE HAD FEDERAL REPORTS  DATING BACK TO 1978 ABOUT EDUCATION IN STATES.

THE MERRIAM REPORT AND KENNEDY REPORT IN THE 60'S.

THANK YOU REGIS FOR POINTING THOSE OUT TO ME, BUT I THINK  IT IS JUST NOT AS MUCH PROGRESS AS THEY THOUGHT THERE  SHOULD BE.

>> Jeff: YOU MENTIONED THE  WORD FRUSTRATION AND I AM GOING TO ASK YOU A QUESTION IN  JUST A MOMENT.

FRUSTRATION IS A THEME THAT  WE'LL GET INTO A LITTLE BIT BUT CATCH VIEWERS UP TO WHERE  WE ARE NOW.

ATTORNEY GENERAL HAS SAID HE  WOULD LIKE TO TAKE OVER THE STATE'S ROLE IN THE LITIGATION  ON YAZZI MARTINEZ.

I HAVE TO ASK THE TWO BIG  QUESTIONS.

HE SAYS HE HAS THE AUTHORITY  TO DO THIS, REGIS, SO MY QUESTIONS ARE DOES HE?

AND IF, IN FACT, HE DOES, SHOULD THE PUBLIC EXPECT A  CHANGE IN TERMS OF THE PROGRESS THAT WE HAVE BEEN  TALKING ABOUT.

>> Pecos: I AM NOT AN  ATTORNEY, ONE, TO CONCLUSIVELY RESPOND TO THAT QUESTION.

BUT IF HE DOES, THEN I THINK IT IS A WELCOME OPPORTUNITY AS  MANY HAVE EXPRESSED AS A RESULT OF THE FRUSTRATION OF  WHAT REFLECTS VERY LITTLE MOVEMENT IN THE LAST FIVE  YEARS.

AND SO CHAIRMAN LENTE, AS ONE  EXAMPLE, PUBLICLY STATED, JUST A FEW DAYS AGO, IN A CONVENING  HERE WITH TRIBAL REPRESENTATIVES FROM NAVAJO  NATION, MESCALERO, JICARILLA AND THE PUEBLOS, THAT IF THAT  IS WHAT, ONE, HELPS TO CHANGE BY BRINGING PEOPLE TO THE  TABLE, THEN IT IS A WELCOME OPPORTUNITY.

NOT SO MUCH ONE TARGETING THE GOVERNOR OR PED IN THAT LACK  OF MOVEMENT BUT THE CRISIS THAT WE ARE IN COMPELS US TO  LOOK AT HOW COLLABORATIVELY WE ARE MOVING THROUGH THESE  DISCUSSIONS.

AND, SO, IF HIS ENTRANCE HELPS  TO MOVE US BY BRINGING PLAINTIFFS, AS HE HAS  ARTICULATED, TO THE TABLE THEN I THINK IT IS A POSITIVE  ENTRANCE INTO THE DYNAMICS OF THE STAKEHOLDERS MOVING  FORWARD.

>> Jeff: EVEN PHILOSOPHICALLY,  RIGHT, EVEN IF IT IS JUST A PHILOSOPHICAL SHIFT TO GET  MORE PEOPLE TO THE TABLE.

SO, PEOPLE TEND TO THINK OF  THE ATTORNEY GENERAL AS A PROSECUTOR.

WE USE THAT PHRASE TOP COP, THE STATE'S TOP COP ALL THE  TIME.

EVEN FROM A PUBLIC PERCEPTION  PERSPECTIVE, DANIELLE, IS THE ATTORNEY GENERAL'S OFFICE THE  RIGHT PLACE FOR THIS TO LIVE, LEADERSHIP IN THE STATE'S ROLE  IN THIS CASE.

>> Gonzales: SO, THERE IS TWO  MINDS.

I DO AGREE WITH REGIS ON THE  PERSPECTIVE THAT LIKE MAYBE THIS IS THE KICK IN THE PANTS  THAT IS NEEDED TO BRING SOME ACCOUNTABILITY, TO BRING SOME  ACTION, TO BRING SOME NEEDED CONVERSATIONS WITH THE RIGHT  PEOPLE.

ON THE OTHER HAND, KEEPING  THIS IN THE COURT SYSTEM IN OUR CRIMINAL JUSTICE SYSTEM  AND LEGAL SYSTEM IS PROBABLY NOT WHAT IS BEST ULTIMATELY  FOR OUR STUDENTS.

I THINK LEGAL FEES ARE GOING  TO CONTINUE TO MOUNT UP.

HOW ELSE MIGHT WE BETTER SPEND  THOSE FUNDS?

I THINK IT IS KIND OF LIKE A  CUSTODY BATTLE.

YOU CAN CONTINUE TO HAVE MOM  AND DAD FIGHT OVER THE KIDS, BUT DOES THAT ULTIMATELY  BENEFIT THE KIDS?

AND I THINK THE OTHER THING IS  THAT THIS IS JUST ANOTHER TECHNICAL FIX.

I STARTED WITH MENTIONING WE HAVE ALL THE RIGHT LAWS ON PAPER.

WE HAVE THE RIGHT PAPER THERE,  WE HAVE THE RIGHT LAWS, WE HAVE ENOUGH MONEY, TO YOUR  POINT.

BUT WHAT IS REALLY NEEDED IS  DEEP CULTURAL SHIFT, THE MINDSET SHIFT, THE HEALING  THAT YOU TALKED ABOUT.

IT IS NOT GOING TO HAPPEN  THROUGH OUR COURT SYSTEM.

IT IS NOT GOING TO HAPPEN  THROUGH SUBPOENAS.

IT IS NOT GOING TO HAPPEN  THROUGH PLANS AND LEGAL DOCUMENTS.

IT IS GOING TO HAPPEN THROUGH DEEP WORK, DEEP RELATIONAL  WORK AT THE LEVEL CLOSEST TO KIDS AND FAMILIES AND I THINK  THAT IS WHAT IS REALLY STILL MISSING FROM THIS WHOLE  CONVERSATION AROUND PROGRESS OR LACK OF PROGRESS WITH THIS.

>> Pecos: TO POLITICIZE THIS WILL ONLY RESULT IN LOSING THE  MERITS OF WHAT COLLECTIVELY WE HAVE TO CONTRIBUTE IN  ADDRESSING THE CRISIS IN EDUCATION.

AND TO YOUR VERY POINT, AN ANALOGY, NONE OF US WANT TO  SEE CHILDREN BE THE PONS IN A WHOLE OTHER LEVEL OF WHO IS  RIGHT, WHO HAS THE LEGAL RIGHT.

THAT IS WHAT WE DON'T NEED AT THE MOMENT.

SO, EMBRACING THE CHALLENGES ON ALL PARTS, THE EXECUTIVE,  THE LEGISLATIVE, THE ATTORNEY GENERAL IN HIS DISCUSSIONS  ABOUT ENTERING THIS, REALLY SHOULD BE ONE THAT WE  COLLECTIVELY EMBRACE TO ALL COME TO THE TABLE AND, ONE,  BEGIN TO ROLL UP OUR SLEEVES AND RESPOND IN A COLLABORATIVE  WAY IF WE ARE GOING TO SHIFT THE PARADIGM.

>> Jeff: YOU JUST ANSWERED ONE OF MY QUESTIONS.

I APPRECIATE YOU GETTING THERE.

I WANT TO STICK A PIN IN THE POLITICS FOR JUST A MOMENT.

TRIP, YOU JUST FINISHED INTERVIEWING THE ATTORNEY  GENERAL RIGHT OVER ON THE OTHER PART OF OUR SET.

I AM CURIOUS WHAT YOUR TAKEAWAYS WERE IN TERMS OF HIS  INTEREST IN THIS CASE.

WHAT STUCK OUT TO YOU IN THE  COURSE OF YOUR CONVERSATION?

>> Trip: I THINK THAT WHAT HE  EXPRESSED WAS SEEMED TO BE A REAL PASSION FOR THIS.

HE MENTIONED THAT HIS OWN FATHER'S STORY KIND OF REALLY  MOVED HIM.

HIS FATHER GREW UP IN A MOSTLY  SPANISH SPEAKING HOME SO HE REALLY IDENTIFIED WITH MAYBE  THE EDUCATIONAL PROGRAMS THAT HIS FATHER WENT THROUGH AND  SOME OF THE DEFICIENCIES, AS WELL AS HIS MOM BEING A PUBLIC  SCHOOLTEACHER.

I THINK THAT HE IS PREPARED  TO -- I KNOW WE TALKED ABOUT, YOU KNOW, MAYBE NOT GETTING  LOST IN THE TURF, POSSIBLE TURF BATTLE, THE POLITICAL BUT  INSTITUTIONAL BATTLE.

I THINK HE IS PREPARED TO  PROBABLY PUSH THAT IF THERE IS SOME CHALLENGE TO HIM TAKING  THIS OVER.

HE HAS SPOKEN THAT IN OTHER  STATES, YOU KNOW, ATTORNEYS GENERAL HAVE THIS KIND OF  POWER TO PROTECT CHILDREN AND WHATNOT.

I THINK -- I GOT THE SENSE THAT HE SEEMS LIKE HE IS GOING  TO MOVE FORWARD ON THIS IF HE IS CHALLENGED.

THOSE WERE MY TAKEAWAYS ON THE CONVERSATION WITH HIM.

>> Jeff: I WANT TO SPEND A MOMENT ON THE POLITICS OF  THIS.

IT WOULD BE VERY DIFFICULT TO  NOT SEE AS A PIECE OF THE WHOLE.

OBVIOUSLY, THE ATTORNEY GENERAL VERY PUBLICLY JUST  REFUSED TO DEFEND THE GOVERNOR'S PUBLIC HEALTH ORDER  AND A FIREARM CARRYING BAN IN PUBLIC.

IT IS TOUGH NOT TO PUT THAT TOGETHER WITH THIS.

REGIS, TO YOUR POINT OF NOT PLACING CHILDREN AND THEIR  EDUCATION AND THEIR WELL-BEING IN THE MIDDLE OF SOMETHING  LIKE THIS, HOW DOES THAT GET ACCOMPLISHED IN THE KIND OF  HYPER-PARTISAN, EVEN THOUGH THESE ARE TWO MEMBERS OF THE  SAME PARTY, FIGHT THAT WE TEND TO   SEE ON THE POLITICAL LANDSCAPE NOW?

>> Pecos: I THINK YOU HAVE TO UNPACK ALL OF THOSE ELEMENTS  LEGALLY, POLITICALLY, TO REALLY GET BACK AT THE HEART  OF WHAT WE HAVE TO DO BECAUSE THIS ISSUE, THIS CRISIS,  REALLY HAS BEEN GENERATIONALLY.

WE HAVE NOT HAD THE OPPORTUNITY -- THERE WAS SUCH  GREAT OPTIMISM WITH THIS LANDMARK DECISION.

FOR INDIGENOUS PEOPLES THIS IS THE FIRST OPPORTUNITY TO  REDEFINE EDUCATION WHERE LANGUAGE AND CULTURE IS AT THE  HEART AND EDUCATION IS NOT WEAPONIZED TO BE A PROCESS OF  ASSIMILATING US.

WE ARE AT THE POINT IN THIS  JOURNEY WHERE LANGUAGE IS THE MOST FRAGILE AS A RESULT OF  GENERATIONAL ATTACKS ON SOMETHING THAT IS CENTRAL TO  WHO WE ARE, CENTRAL WITH THE MAINTENANCE OF A WAY OF LIFE.

SO, IF WE FAIL, OUR ELDERS TEACH US THAT WHEN LANGUAGE IS  LOST, CULTURE WILL BE AS WELL.

WHEN YOU LOSE THOSE TWO, THE  ELDERS SAY THAT THERE IS NO MORE "US" IN THE WAY THAT THE  CREATOR GIFTED US LANGUAGE AND CULTURE AND A WAY OF LIFE,  THAT EVERY GENERATION BEFORE US HAVE SACRIFICED, HAVE  PUSHED BACK.

AND IF WE FAIL IN THIS TIME,  THE QUESTION WE ALWAYS ASK IS HOW WILL FUTURE GENERATIONS  SPEAK OF US, OR TO ASK THE QUESTION, WHAT DID WE WANT  MOST THAT FUTURE GENERATIONS INHERIT FROM US?

AND AT THE VERY CENTER OF THAT ANSWER IS LANGUAGE AND CULTURE  FOR THE MAINTENANCE OF A WAY OF LIFE.

>> Jeff: I KNEW THIS WAS GOING TO FEEL WAY TOO FAST BUT THAT  IS UNFORTUNATELY ALL THE TIME WE HAVE FOR THE FIRST SEGMENT  BUT WE ARE NOT DONE YET.

WE'LL MEET RIGHT BACK HERE IN  LESS THAN 15 MINUTES TO TALK ABOUT THE ATTORNEY GENERAL'S  INVOLVEMENT IN A DIFFERENT EDUCATION ISSUE NEW MEXICO  IN-DEPTH BROUGHT TO LIGHT AS WELL, HARSH DISCIPLINARY  TACTICS AT THE LARGELY INDIGENOUS GALLUP MCKINLEY  SCHOOLS.

>> Lou: THANKS TO JEFF AND  PANELISTS.

THE GOVERNOR'S SPOKESPERSON  SENT A STATEMENT IN RESPONSE TO OUR QUESTIONS ABOUT THE  ATTORNEY GENERAL'S DECISION TO TAKE OVER LITIGATION IN THE  YAZZI MARTINEZ CASE, SAYING, IN PART, QUOTE, WE HAVE MADE  CLEAR SINCE THE ATTORNEY GENERAL MADE THIS ANNOUNCEMENT  THERE NEEDS TO BE MORE EYES ON SCHOOL DISTRICTS AND HOW THEY  ARE USING OR NOT USING THE RESOURCES MADE AVAILABLE BY  THE STATE.

THE ATTORNEY GENERAL SHOULD  ASSIST THE STATE IN THAT WORK TO HOLD SCHOOLS ACCOUNTABLE.

OVER FOUR BILLION DOLLARS, A 56% INCREASE BY THIS  ADMINISTRATION, FLOWS THROUGH THE PED TO DISTRICTS EVERY  YEAR AND WE KNOW THE DISTRICTS CONTINUE TO UNDERUTILIZE THOSE  RESOURCES.

NOW, TO ANOTHER SITUATION THE  ATTORNEY GENERAL IS GETTING INVOLVED IN, THE  DISPROPORTIONATE EXPULSIONS AT GALLUP MCKINLEY SCHOOL.

BRYANT FURLOW'S REPORTING FOR NEW MEXICO IN-DEPTH AND  PROPUBLICA LAST DECEMBER FOUND THAT NATIVE STUDENTS ARE  EXPELLED FROM NEW MEXICO PUBLIC SCHOOLS AT A MUCH  HIGHER RATE THAN OTHER CHILDREN AND THE NUMBERS AT  THE GALLUP MCKINLEY DISTRICT ARE DRIVING THAT DISPARITY.

IN AN ANALYSIS OF STATE DATA BRYANT AND PROPUBLICA FOUND  NATIVE STUDENTS EXPULSION NEARLY DOUBLED THOSE OF WHITE  STUDENTS AT GALLUP MCKINLEY.

THE RATE IS EVEN HIGHER ACROSS  THE STATE.

THE DISTRICT HAS ONE QUARTER  OF THE STATE'S NATIVE STUDENTS BUT ACCOUNTS FOR  THREE-QUARTERS OF NATIVE STUDENT EXPULSION STATE-WIDE  OVER FOUR YEARS ENDING IN 2020.

AT THE TIME OF BRYANT'S REPORTING, THE ATTORNEY  GENERAL SAID HE FOUND THE DATA CONCERNING BUT JUST LAST  MONTH, TORREZ ANNOUNCED HIS INTENTION TO OPEN AN  INVESTIGATION INTO THE DISPROPORTIONATELY HARSH  PUNISHMENT AT GALLUP MCKINLEY.

NOW FOR THE FIRST TIME SINCE  THAT ANNOUNCEMENT, ATTORNEY GENERAL TORREZ EXPLAINS HOW HE  CAME TO THAT DECISION AND WHAT AN INVESTIGATION MIGHT LOOK  LIKE.

>> Trip: I WANT TO MOVE NOW TO  YOUR DECISION TO INVESTIGATE THE EXPULSION AND LONG-TERM  SUSPENSION RATES AT GALLUP MCKINLEY SCHOOL DISTRICTS.

WHY IS SCHOOL DISCIPLINE SO IMPORTANT TO THIS LARGER  CONVERSATION OF PUBLIC EDUCATION IN NEW MEXICO?

>> Torrez: WE HAVE KNOWN FOR QUITE SOMETIME THAT THERE IS  DISPROPORTIONATE PUNISHMENT NOT JUST IN NEW MEXICO BUT  ACROSS THE COUNTRY FOR CHILDREN OF COLOR, NATIVE  AMERICAN, AFRICAN AMERICAN AND HISPANIC CHILDREN, THAT WHEN  IT COMES TO THE RATE AT WHICH THEY ARE DISCIPLINED, PLACED  IN DETENTION, SUSPENSION AND EXPULSION.

WE ALSO KNOW THAT THE DISRUPTION OF THEIR ABILITY TO  ATTAIN AN EDUCATION ACTUALLY INCREASES ALL SORTS OF REALLY  SORT OF DIFFICULT AND OFTENTIMES DANGEROUS LIKELY  OUTCOMES AS ADULTS.

IT IS ONE OF THE ROOT CAUSES  OF THE PIPELINE THAT WE HAVE FROM UNDER RESOURCED  COMMUNITIES TO THE CRIMINAL JUSTICE SYSTEM AND TO JAIL.

LOOK, AS A DISTRICT ATTORNEY AND AS THE ATTORNEY GENERAL, I  AM TRYING TO DO EVERYTHING THAT I CAN TO LIMIT THE TIMES  THAT LAW ENFORCEMENT IS CALLED UPON TO INTERVENE IN A  SITUATION WITH AN ADULT WHO IS EITHER VIOLENT OR DANGEROUS OR  IMPACTING PUBLIC SAFETY AND I WILL USE EVERY AVAILABLE TOOL  TO DO THAT.

IF THAT MEANS GOING UPSTREAM  AND TALKING TO SCHOOL DISTRICTS ABOUT THEIR  DISCIPLINARY POLICIES AND TRYING TO FIGURE OUT WHETHER  OR NOT THERE IS DISPROPORTIONATE IMPACTS FOR  COMMUNITIES OF COLOR, THAT IS WHAT WE ARE GOING TO DO.

I HAVE AN OBLIGATION TO TRY AND DO BOTH OF THOSE THINGS AT  THE SAME TIME.

WE HAVE OPENED AN  INVESTIGATION WITH THE MCKINLEY COUNTY.

>> Trip: CAN I ASK YOU A QUESTION ABOUT THAT.

>> Torrez: YES, ABSOLUTELY.

>> Trip: GALLUP MCKINLEY  COUNTY SUPERINTENDENT MIKE HYATT HAS SAID THAT HE HAS NOT  BEEN NOTIFIED OF THE INVESTIGATION.

IS THAT ACCURATE?

>> Torrez: HE HAS ACTUALLY  BEEN TO MY OFFICE AND PROBABLY SINCE YOU HAVE TALKED TO HIM  LAST, THEY REACHED OUT.

AND WE HAD AN INITIAL  CONVERSATION AND WE TOLD THEM OUR PLANS.

TO THEIR CREDIT THEY SAID THEY WERE WILLING TO PROVIDE ANY  INFORMATION THEY HAVE AND GIVE BROADER CONTEXT TO THE  SITUATION.

>> TRIP: WHEN DID YOU GUYS  MEET?

>> Torrez: THE MEETING WAS  WITHIN THE LAST COUPLE OF WEEKS.

THAT WE HAVE HAD THIS MEETING.

AND WE WILL BE FOLLOWING UP  WITH HIM TO TRY AND GET ACCESS TO THE UNDERLYING DATA.

THEIR CONTENTION IS THAT THERE IS SOME MISUNDERSTANDING ABOUT  THE DATA.

WE HAVEN'T DRAWN ANY  CONCLUSIONS YET BUT I WAS VERY CLEAR THAT WE INTEND TO DIG  INTO THIS AND TRY TO UNDERSTAND WHAT IS GOING ON.

>> Trip: THE PUBLIC EDUCATION DEPARTMENT SAID IT WOULD SHARE  UPDATED INFORMATION WITH YOU AS WELL.

THE INVESTIGATION THAT WE DID, THE STORY THAT WE DID, WAS  ONLY THROUGH 2020.

HAVE THEY SHARED THAT  INFORMATION WITH YOU AND IF THEY HAVE, WHAT DOES THE DATA  SHOW?

>> Torrez: WE HAVEN'T GOTTEN  TO THE POINT WHERE WE HAVE GOTTEN UPDATED DATA.

THE FIRST STEP IS TO GO OUT AND SIT DOWN AND LOOK AT THE  DATA THEY HAVE AND BRING IT TO, IF NECESSARY, AN  INDEPENDENT AUDITOR TO COME IN AND LOOK AT THIS AND SEE WHAT  IS ACTUALLY GOING ON AND THEN COMPARE THAT TO THE DATA THAT  IS BEING HELD BY THE STATE, BECAUSE I KNOW THAT THERE IS  PROBABLY SOME RECONCILIATION THAT NEEDS TO BE DONE THERE.

THE POINT IS THAT THIS IS SOMETHING THAT THE ATTORNEY  GENERAL'S OFFICE, FRANKLY, SHOULD BE ACTIVELY ENGAGED IN.

AND I DON'T KNOW YET, AND I WON'T JUDGE, WHETHER OR NOT IT  CONSTITUTES A CIVIL RIGHTS VIOLATION BECAUSE I DON'T HAVE  ENOUGH INDEPENDENT INFORMATION TO KNOW ABOUT THE QUALITY OF  THE INFORMATION, BUT IT IS THE FACT THAT WE ARE IN THIS  BUSINESS THAT SHOULD SEND A POWERFUL SIGNAL TO SCHOOL  DISTRICTS ACROSS THE STATE.

>> Trip: AS YOU KNOW, THE  GOVERNOR POCKET VETOED SENATE BILL 426 THAT WOULD HAVE GIVEN  YOU SUBPOENA POWER IN THIS CASE.

YOU KNOW, WHAT CAN YOU DO TON -- IF THE SCHOOL DISTRICT  DECIDES -- I KNOW THEY SAID THEY ARE WILLING TO WORK WITH  YOU, BUT IF THEY DECIDE NOT TO TURN OVER RECORDS, WHAT CAN  YOU DO?

WHAT KIND OF TOOL DO YOU USE?

>> Torrez: I AM GLAD YOU RAISED THAT.

ONE OF THE MORE DISAPPOINTING ASPECTS OF THE POCKET VETO, IT  PROVIDED FOR WHAT WAS CALLED CIVIL INVESTIGATIVE DEMAND.

IT IS A DISCREET DISCOVERY TOOL THAT ALLOWS US TO GATHER  INFORMATION BEFORE FILING A LAWSUIT.

WE DON'T UNFORTUNATELY NOW HAVE THAT AUTHORITY SO WE ARE  LEFT WITH THE REGULAR TOOLS OF LITIGATION WHICH FUNDAMENTALLY  MEANS ENGAGEMENT THROUGH CORRESPONDENCE, COMMUNICATION,  THAT IS INFORMAL AND THAT IS WHAT WE ARE DOING NOW WITH THE  SCHOOL DISTRICTS.

IF IT BECAME NECESSARY, WE  COULD CERTAINLY FILE A LAWSUIT AND THEN GAIN ACCESS TO THAT  INFORMATION.

AND GO TO COURT AND WE WOULD  HAVE TO GO AND FILE A COMPLAINT AND ISSUE SUBPOENAS  AND ENGAGE IN THE DISCOVERY PROCESS.

>> Trip: IT SOUNDS LIKE THIS POCKET VETO PROBABLY WILL SLOW  DOWN AND HAMPER THIS INVESTIGATIVE PROCESS, IF THEY  DON'T COMPLY.

>> Torrez: I THINK WHAT WAS  REALLY NOT WELL UNDERSTOOD IS THAT, NO.

1, WE ARE GOING TO  ENGAGE IN THESE INVESTIGATIONS REGARDLESS.

BUT WHAT THE LEGISLATION WOULD HAVE PERMITTED US TO DO IS  OPEN DISCREET INVESTIGATIONS WITHOUT AN UNNECESSARY  LITIGATION ON THE FRONT END AND WITHOUT GETTING INTO THIS  PROTRACTED FIGHT OVER WHAT KIND OF ACCESS WE HAD TO  DIFFERENT KINDS OF INFORMATION.

IT IS A VERY SHORT AND DISCREET BUT POWERFUL TOOL  THAT WE WOULD BE ABLE TO USE.

WE USED IT IN THE CONSUMER  PROTECTION SPACE ALL THE TIME AND THAT IS PROBABLY THE  BIGGEST HINDRANCE WE HAVE BUT BY NOT HAVING THAT LEGISLATION  PASSED.

>> Trip: HAVE YOU OR YOUR  STAFF BEGUN TO TALK WITH NAVAJO NATION OFFICIALS  BECAUSE GALLUP MCKINLEY, BASICALLY, THESE ARE PRIMARILY  NAVAJO THAT ARE IN EXPULSION AND LONG-TERM SUSPENSION  RATES.

HAVE YOU TALKED TO NAVAJO  OFFICIALS AND IF SO WHAT HAS THEIR REACTION BEEN TO THE  SITUATION?

>> Torrez: WE ARE ORGANIZING A  TRIP TO WINSLOW, ARIZONA FOR ME TO SIT DOWN AND HAVE AN  EXTENDED CONVERSATION WITH THE PRESIDENT OF THE NAVAJO  NATION.

THIS IS GOING TO BE IN THE  NEXT SEVERAL WEEKS BUT NOT JUST ABOUT THE DISCIPLINARY  ISSUES IN THAT SCHOOL DISTRICT BUT ABOUT ISSUES RELATED TO  CRIMINAL JURISDICTION.

THERE HAS BEEN SOME REAL  UPHEAVAL CREATED BY RECENT SUPREME COURT DECISIONS.

AND, ALSO, A NUMBER OF ISSUES PERTAINING TO EVERYTHING FROM  CANNABIS TO LOTS OF OTHER ISSUES, BUT THIS WILL  CERTAINLY BE PART OF THE CONVERSATION AND I KNOW THAT  THE PRESIDENT AND LEADERSHIP OF THE NAVAJO NATION IS EAGER  TO HAVE THAT CONVERSATION.

>> Trip: HAVE THEY EXPRESSED A  WILLINGNESS TO TALK ABOUT THIS?

>> Torrez: THEY HAVE EXPRESSED A WILLINGNESS TO TALK ABOUT  ALL OF THE ISSUES AND THAT IS ONE OF THE OTHER CHANGES THAT  IS GOING TO BE -- THAT IS ACTUALLY IN PROGRESS RIGHT NOW  IN THE ATTORNEY GENERAL'S OFFICE, THE ESTABLISHMENT OF  THE FIRST EVER DEDICATED INDIAN AFFAIRS UNIT.

WE NEVER HAD THAT BEFORE.

WHAT WE USED TO DO IS SEND  ISSUE AREA ATTORNEYS TO GO AND HAVE CONSULTATION.

>> Trip: IN YOUR OFFICE, YOU'RE GOING TO ESTABLISH THIS  DIVISION?

>> Torrez: THAT IS RIGHT.

IT FOCUSES EXCLUSIVELY ON THE INTERSECTION OF ALL THE ISSUES  IN OUR OFFICE FROM LAW ENFORCEMENT TO REGULATION TO  SCHOOL FUNDING, ALL OF THOSE ISSUES.

THAT WILL BE ALL CENTRALIZED IN ONE UNIT DEDICATED TO  ESTABLISHING CONCRETE GOVERNMENT-TO-GOVERNMENT  CONSULTATIONS IN A WAY THAT IS MORE STRUCTURED AND MORE  NUANCED AND REALLY STARTS TO DEVELOP THIS RELATIONSHIP OVER  TIME, RATHER THAN SENDING DIFFERENT ATTORNEYS FROM THE  OFFICE TO TALK ABOUT DIFFERENT ISSUES, IT IS TO TRY TO  UNDERSTAND THE INTERSECTION BETWEEN ALL OF THOSE ISSUES IN  THE STATE.

>> Trip: BEYOND EXPULSION AND  LONG-TERM SUSPENSION RATES AT GALLUP MCKINLEY, ARE THERE  OTHER PRACTICES THAT YOU AND YOUR AGENCY WILL LOOK AT  GALLUP MCKINLEY, OTHER ISSUES OR PRACTICES?

>> Torrez: RIGHT NOW WE ARE FOCUSED ON THE DISCIPLINARY  ISSUES.

BUT AS YOU CAN IMAGINE, YOU  KNOW, WE TALKED EARLIER ABOUT YAZZIE MARTINEZ.

THEY OBVIOUSLY HAVE A KEEN INTEREST IN THAT AND THEY  OBVIOUSLY HAVE AN INTEREST IN HAVING A DEEPER APPRECIATION  AND UNDERSTANDING OF THE ROLE WE ARE GOING TO PLAY NOW,  ASSUMING DEFENSE FOR THE STATE OF NEW MEXICO, SO MY HOPE IS  THAT WE ARE ABLE TO RESOLVE LOTS OF ISSUES, ALL FOR THE  BETTERMENT AND TO THE BENEFIT OF THE STUDENTS IN THAT  COMMUNITY.

>> Lou: ONCE AGAIN, THANKS TO  TRIP JENNINGS AND TO ATTORNEY GENERAL TORREZ FOR MAKING TIME  TO CLARIFY HIS POSITION ON BOTH OF THESE CASES.

EARLIER THIS WEEK, GALLUP MCKINLEY SUPERINTENDENT MIKE  HYATT ATTACKED NEW MEXICO IN-DEPTH REPORTING IN AN EMAIL  TO US, BUT HE DID NOT OFFER ANY FACTS OF HIS OWN.

HYATT SAYS HE HAS NOT BEEN FORMALLY NOTIFIED OF TORREZ'  INVESTIGATION.

IN AN EMAILED RESPONSE FOR  COMMENT HYATT TOLD US, QUOTE, WHILE WE KNOW AN INVESTIGATION  WILL BE A WASTE OF TAX DOLLARS WE DO WELCOME ANY  INVESTIGATION BECAUSE GALLUP MCKINLEY COUNTY SCHOOLS, OUR  STAFF AND COMMUNITY KNOWS THE ACCUSATIONS ARE FALSE.

DISCRIMINATION IS NOT WHAT WE ARE ABOUT AND WE HAVE WORKED  HARD TO CONTINUALLY BUILD MORE EQUITY IN ALL ASPECTS OF OUR  EDUCATIONAL SYSTEM.

NOW BACK TO EXECUTIVE PRODUCER  JEFF PROCTOR AND OUR PANEL FOR REACTION TO THE ATTORNEY  GENERAL'S DECISION TO INVESTIGATE.

>> Jeff: THANKS AGAIN TO NEW MEXICO ATTORNEY GENERAL, RAUL  TORREZ FOR ANSWERING QUESTIONS.

AND WELCOME BACK TO REGIS PECOS, DANIELLE GONZALES AND  TRIP JENNINGS.

WE'LL START THIS SEGMENT WITH  YOU, AGAIN, TRIP.

HOW DID BRYANT FURLOW, THE  REPORTER FOR NEW MEXICO IN-DEPTH, FIND HIS WAY TO  GALLUP MCKINLEY SCHOOLS AND HOW DID NEW MEXICO IN-DEPTH  AND PROPUBLICA QUANTIFY THE FINDINGS ONCE BRYANT WAS  FINISHED WITH HIS REPORTING?

>> Trip: SO THIS WAS A  QUESTION WHERE WE ASKED A QUESTION ABOUT DISCIPLINING OF  STUDENTS STATE-WIDE.

THIS WAS NOT -- YOU KNOW -- WE  KIND OF SAID WHAT DO THE NUMBERS LOOK LIKE?

SO WE BEGAN TO TRY TO ASSEMBLE DATA FROM THE STATE.

WE WENT TO THE PUBLIC EDUCATION DEPARTMENT.

THEY GAVE US THE DATA OF DISCIPLINE RECORDS ACROSS THE  STATE.

BRYANT AND SOME OF THE DATA  SCIENTISTS, DATA JOURNALISTS AT PROPUBLICA BEGAN ANALYZING  THAT.

AND AFTER WEEKS OF ANALYZING  IT, THEY FOUND THAT EXPULSION RATES AND LONG-TERM SUSPENSION  RATES WERE MUCH HIGHER AMONG ONE GROUP AND IT WAS  INDIGENOUS STUDENTS.

SO, THAT WAS THE SECOND ROUND.

AND THEN THE THIRD ROUND WAS WHY IS THAT?

WHY IS THAT HAPPENING AT THE STATE LEVEL?

THEY ASKED THAT QUESTION AND THEY REFINED SOME OF THEIR  ANALYSIS LOOKING AT DATA.

AND WHAT THEY FOUND WAS ONE  SCHOOL DISTRICT WAS MAINLY FUELING THAT EXPULSION AND  LONG-TERM SUSPENSION HIGH RATES AND THAT WAS GALLUP  MCKINLEY SCHOOL DISTRICT.

>> Jeff: THESE WERE THEIR  NUMBERS, JUST TO CLARIFY.

>> Trip: LET ME SAY THIS, THEY  DIDN'T RESPOND TO OUR REQUEST FOR THEIR DATA SO WE WENT TO  THE PUBLIC EDUCATION DEPARTMENT AND GALLUP MCKINLEY  HAD GIVEN THE PUBLIC EDUCATION DEPARTMENT THE DATA THAT WE  WERE LOOKING AT, ALONG WITH ALL THE OTHER DISTRICTS RIGHT?

PUBLIC EDUCATION DEPARTMENT IS THE GATHERING PLACE FOR ALL  THIS DATA.

SO IT IS, YES, THEIR OWN DATA,  YES.

>> Jeff: SO WHAT WAS THE  REACTION WHEN THE STORY PUBLISHED, THE FIRST STORY  BACK IN DECEMBER?

NO.

1, FROM THE COMMUNITY?

FOLKS THAT LIVE IN THAT AREA?

AND NO.

2 FROM THE DISTRICT.

YOU MENTIONED THEY DIDN'T RESPOND TO YOUR REQUEST FOR  COMMENT.

>> Trip: THIS WAS A  MONTHS-LONG INVESTIGATION, PROBABLY MOST OF 2022.

AND THEY DID NOT RESPOND TO, YOU KNOW, MANY, MANY REQUESTS  FOR COMMENT OVER TIME.

THAT INCLUDES ALL OFFICIALS AT  VARIOUS LEVELS OF THE DISTRICT.

AND IT IS A PRACTICE OF PROPUBLICA, AND WE LIKE THIS  PRACTICE, THAT NEW MEXICO IN-DEPTH AND PROPUBLICA SENT A  NO SURPRISES LETTER, WHICH IS, THESE ARE OUR CONCLUSIONS,  THIS IS HOW WE ARRIVED AT THESE CONCLUSIONS, THE  METHODOLOGY, PLEASE RESPOND, IF YOU SEE ANYTHING THAT IS  PROBLEMATIC, THAT DOESN'T LOOK LIKE IT IS CORRECT.

WE SENT THAT NEARLY SIX WEEKS BEFORE PUBLICATION.

DIDN'T HEAR ANYTHING.

WE PUBLISHED IN DECEMBER AND  IN JANUARY THE SUPERINTENDENT MIKE HYATT AT A SCHOOL BOARD  MEETING BASICALLY JUST LAMBASTED THE STORY THAT WE  DID, THE ANALYSIS, CALLED IT RIDICULOUS AND FAKE NEWS.

AND BASICALLY SAID THAT REALLY WE DON'T EXPEL THAT MANY  PEOPLE.

WHAT CAME OUT LATER IS THAT I  THINK BECAUSE OF OUR STORY, THEY WENT AND CHANGED, AS I  RECALL, EXPULSION DATA TO LONG-TERM SUSPENSION DATA.

BASICALLY IT WAS LIKE THESE WEREN'T EXPULSIONS, THEY WERE  ACTUALLY LONG-TERM SUSPENSIONS.

WE DID SOME DATA ANALYSIS AROUND LONG-TERM SUSPENSIONS  AND GALLUP MCKINLEY SCHOOLS LED THE STATE IN LONG-TERM  SUSPENSIONS, SAME THING.

SO, YOU KNOW, THEY DIDN'T LIKE  THE STORY.

>> Jeff: FAIR ENOUGH.

LET'S PULL BACK A LITTLE BIT AND TRY TO PLACE MCKINLEY  COUNTY AND GALLUP IN PARTICULAR IN NEW MEXICO.

DANIEL WHO LIVES IN THAT PART OF THE STATE?

WHO GOES TO SCHOOL THERE?

AND HOW HAS THAT DISTRICT  TENDED TO FAIR OVER TIME.

>> Gonzales: PREDOMINANTLY  NATIVE KIDS IS A HUGE PART OF THE POPULATION OF THAT SCHOOL  DISTRICT AND HAS NOT PERFORMED WELL OVER TIME.

NOW, THERE WERE INCREASES, YOU KNOW, IN THE EARLY MID 2000'S  PARTICULARLY IN SOME MATH READING ASSESSMENTS BUT IT  HASN'T BEEN A HIGH PERFORMING DISTRICT AND THERE ARE A WHOLE  HOST OF REASONS.

OBVIOUSLY WE HAVE TALKED A  LITTLE BIT ABOUT SOME OF THE INTERGENERATIONAL ISSUES,  TRAUMA, HISTORY OF OUR BOARDING SCHOOLS, POVERTY,  ALCOHOLISM.

THERE IS A LOT GOING ON OUT  THERE AND SO CERTAINLY THESE ARE HUGE ISSUES BUT WE ALSO  NEED TO REMEMBER THERE IS EXTERNAL FACTORS TOO, BUT,  LOTS OF STUFF.

>> Jeff: WHAT ARE THE  DOWNSTREAM EFFECTS OF THE KINDS OF HARSH DISCIPLINE  TACTICS THAT BRYANT UNCOVERED?

HOW DOES A SCHOOL ENVIRONMENT  LIKE THAT IMPACT CHILDREN, FAMILIES AND COMMUNITY?

>> Pecos: YOU KNOW, THERE IS A HIGH CORRELATION BETWEEN  SYSTEM FAILURE OF OUR CHILDREN THAT WHEN THERE IS NONRELEVANT  IN THEIR LIVES, IN THEIR CURRICULUM, COMPOUNDED  BY THERE IS ONLY 3% OF NATIVE TEACHERS ACROSS ALL OF NEW  MEXICO IN PUBLIC SCHOOLS.

SO THAT THE REALITY IS, LIKE  IN GALLUP MCKINLEY, THAT THE MAJORITY OF CHILDREN WILL  NEVER SEE ONE OF THEIR OWN IN THE CLASSROOM.

SO, THE LACK OF RELEVANT RESULTS IN YOUNG PEOPLE  GETTING PUSHED OUT OF SCHOOLS AND THEN DISCIPLINE IS REALLY  THE MEANS BY WHICH YOUNG PEOPLE USE TO FORCE THEM OUT,  WITH ALL OF THE FACTORS THAT ARE ONE ARTICULATED,  DELINEATED IN THE FINDINGS IN THIS CASE.

BUT THE GREATER CONTEXT TO APPRECIATE IS THAT PARTICULAR  REGION FROM THE U.S. COMMISSION ON CIVIL RIGHTS TO  THE REGIONAL COMMISSION ON CIVIL RIGHTS, FROM THE NAVAJO  NATION'S COMMISSION ON CIVIL RIGHTS, ALL DOCUMENT THE KIND  OF LONG HISTORY OF RACISM AND DISCRIMINATION THAT COMES FROM  THEIR OWN WORK OF THE COLONIAL SETTLER FRAMEWORK THAT  CONTINUES THE UNDERPINNINGS OF RACISM AND DISCRIMINATION.

AND IT CULMINATES IN EDUCATION TO PUSH OUT YOUNG PEOPLE.

THE WAY THEY FIND WAYS IS TO BECOME PROBLEMATIC BUT IF  EVERY ONE OF YOU HAVE EVER SEEN SOME OF THE FIRST  PHOTOGRAPHS IN BOARDING SCHOOLS WHERE HARSH DISCIPLINE  AND ENFORCEMENT WAS UTILIZED, DANIELLE, I DON'T KNOW IF YOU  HAVE EVER SEEN BUT THERE IS A PHOTO OF HANDCUFFS THAT ARE  THIS SMALL MADE FOR CHILDREN HANDCUFFED WHO WERE SIX, SEVEN  YEAR OLDS.

SO, THIS HISTORY OF HARSH  TREATMENT OF DISCIPLINE AND ENFORCEMENT GOES ALL THE WAY  BACK OVER THE COURSE OF 150 YEARS.

AND THIS LARGER KIND OF HISTORICAL CONTEXT  UNFORTUNATELY PLAGUES THAT REGION AND IT IS THE CULTURE  THAT CONTINUES TO PERPETUATE THIS KIND OF ATTITUDE AND  BEHAVIOR.

IN ALL FAIRNESS TO THE FOLKS  IN GALLUP MCKINLEY, THEY HAVE BEEN STRONG ADVOCATES.

ONE, TO PETITION THE UNDERFUNDING OF DELAPIDATED  SCHOOL FACILITIES THAT WAS ANOTHER CASE AGAINST THE STATE  THAT THE COURTS, ONE, CONCLUDED WAS UNDERFUNDING.

THEY HAVE BEEN STRONG ADVOCATES AND PROPONENTS IN  RESOLVING THE LONG-STANDING IMPACT ISSUES BUT EVERY TIME,  WHETHER IT IS 20 INCIDENTS OR ONE OR TWO, IN THAT KIND OF A  CONTEXT, THESE CASES ARE REMINDERS.

AND IT ONLY PEELS THE SCAB FOR THAT PAIN AND HURT OF THIS  HISTORY TO BLEED ALL OVER AGAIN.

>> Trip: YOU MENTIONED REACTION IN THE COMMUNITY.

BY HAD A PUBLIC EVENT AFTER THIS HAPPENED AND IN APRIL IN  GALLUP AND 70 PEOPLE SHOWED UP AND PEOPLE WHO WERE TALKING TO  US SAID THAT WAS PRETTY LARGE GATHERING OF FOLKS ABOUT  THIS STORY THAT WHAT WE FOUND THESE RATES.

WHAT WAS SO MOVING, AND I WANTED TO SAY THIS BECAUSE  REGIS JUST MENTIONED THIS, WHAT WAS MOVING -- I MEAN, A  LOT OF IT WAS MOVING BUT WHAT WAS MOVING WAS THESE  GRANDPARENTS WHO BEGAN TO LIKE, SAY, YOU KNOW, I DIDN'T  THINK MUCH OF IT BUT AFTER I READ THE STORY I STARTED  TALKING TO MY FRIENDS, WERE YOU TREATED THIS WAY BACK IN  SCHOOL?

AND THEY BECAME EMOTIONAL  TALKING ABOUT IT.

THIS IS SOMETHING THAT IS  GENERATION AFTER GENERATION AFTER GENERATION AND THERE IS  ONE THING TO READ IT IN A STORY BUT ANOTHER ONE TO  LISTEN TO A GRANDMOTHER OR GRANDFATHER TALK TO YOU AS A  HUMAN BEING TO HUMAN BEING AND I LEFT THAT PLACE PROFOUNDLY  KIND OF CHANGED, I THINK, UNDERSTANDING THIS IS A DEEPLY  ROOTED SITUATION.

>> Jeff: IT SPEAKS TO WHAT  REGIS JUST SAID WHICH IS THAT SCHOOL DISCIPLINE IS A NEW  NAME FOR AN OLD SYSTEM OF OPPRESSION.

I LIKE WHEN I HAVE THE CHANCE TO TRY TO CONTEXTUALIZE NEW  MEXICO WHEN I CAN.

HERE IN OUR STATE, ATTORNEYS  GENERAL HAVE TYPICALLY PLAYED THE ROLE OF DEFENDING PUBLIC  ENTITIES WHEN THEY ARE ACCUSED OF WRONGDOING IN COURT.

HERE WE HAVE AN ATTORNEY GENERAL WHO WOULD LIKE TO PLAY  THE OTHER SIDE.

I WONDER, DANIELLE, IF THERE  ARE EXAMPLES FROM AROUND THE COUNTRY WOULD HE MIGHT LOOK NO  WITH A SLIGHTLY DIFFERENT FOAL AN ATTORNEY GENERAL IN A CASE  WITH EDUCATION CONTEXT.

>> Gonzales: I WANT TO START  BY SAYING CASES RELATED TO STUDENT DISCIPLINE, SCHOOL TO  PRISON PIPELINE, ARE NOT UNIQUE BY ANY MEANS AND HAVE  BEEN HAPPENING FOREVER, SINCE WE HAVE BEEN COLLECTING DATA.

I ALSO WANT TO ACKNOWLEDGE THAT THERE ARE SIGNIFICANT  DATA QUALITY ISSUES.

SO, I UNDERSTAND THAT YOU HAVE  EXPLORED THE DATA EVEN MORE AND THE DISPARITY STILL EXISTS  BUT THERE ARE HUGE PROBLEMS WITH OUR DATA COLLECTION ALL  THE WAY UP TO THE OFFICE OF CIVIL RIGHTS AT THE U.S.  DEPARTMENT OF EDUCATION.

WE NEED TO EXPLORE DATA  QUALITY ISSUES, PERIOD, AND WE NEED TO LOOK AT WHAT IS GOING  ON AT A MUCH DEEPER LEVEL.

SO, YES, THERE IS DEFINITELY A  ROLE FOR THE ATTORNEY GENERAL HERE.

THERE HAVE BEEN ROLES OTHER ATTORNEY GENERALS HAVE PLAYED  IN OTHER STATES AS WELL, BUT ALSO GROUPS LIKE NAACP LEGAL  DEFENSE FUND, MEXICAN AMERICAN LEGAL DEFENSE FUND, THERE IS  OTHER PROJECTS OUT THERE WHO HAVE CONSISTENTLY ADVOCATED IN  THE COURTS ON BEHALF OF STUDENTS OF COLOR BECAUSE HERE  IN NEW MEXICO CERTAINLY THE ISSUE IS NATIVE AMERICAN,  THERE IS OTHER CASES.

THERE WAS ONE IN TEXAS WHERE  THE ISSUE WAS BROWN CHILDREN, BLACK CHILDREN.

DENVER, HISPANIC CHILDREN.

THIS IS NOT UNUSUAL BUT I  THINK TO YOUR POINT, YOU HAVE TO GET INTO WHAT IS HAPPENING.

THERE IS A DATA QUALITY ISSUE.

THERE IS THE REPORTING.

THERE IS THE DISCIPLINE SYSTEM.

THERE IS WHAT IS IN POLICY.

THERE IS A QUESTION OF HOW OUR  EDUCATORS ARE TRAINED OR NOT TRAINED, RATHER, ON HOW TO  HANDLE DISCIPLINE AND BEHAVIOR ISSUES.

TO YOUR WHOLE POINT, THERE IS A QUESTION AROUND BELONGING  AND SAFETY IN OUR SCHOOLS AND I THINK WE REALLY NEED TO  EXPLORE WHAT HAPPENS TO YOUNG PEOPLE WHEN THEY HAVE THIS  TOXIC STRESS LEVEL WHERE THEIR CORD LEVEL IS CONSTANTLY  PUMPING BECAUSE THEY ARE CONSTANTLY UNDER THREAT  EVERYWHERE THEY GO AND HOW THAT LEADS TO BEHAVIOR ISSUES  AS WELL.

SO, LOTS OF WORK TO DO ON  TRAUMA-INFORMED APPROACHES.

IT IS A REALLY COMPLEX ISSUE  AND SO I DO THINK THERE IS CERTAINLY A ROLE FOR THE AG IN  THIS, BUT ROLES ACROSS THE SYSTEM AS WELL THAT WE NEED TO  EXPLORE.

>> Jeff: I APPRECIATE THAT YOU  KEEP ORIENTING US BACK TOWARD THE BELOW THE SURFACE PIECES  OF THIS.

I WANT TO ASK ONE MORE  QUESTION OF TRIP ABOUT THE SORT OF HIGHER LEVEL STUFF,  SURFACE LEVEL STUFF.

IN YOUR CONVERSATION WITH THE  ATTORNEY GENERAL, DID HE TALK SOME ABOUT WHAT THE  LIMITATIONS OF THIS INVESTIGATION MIGHT BE, IN  PARTICULAR, IN LIGHT OF THE GOVERNOR'S VETOING A BILL THAT  WOULD HAVE ESSENTIALLY GIVEN HIM SUBPOENA POWER IN THIS  CASE.

>> Trip: THAT IS RIGHT.

THE GOVERNOR POCKET VETOED, SHE DIDN'T SIGN THE BILL FOR  THOSE OF YOU WHO DON'T KNOW WHAT POCKET VETO MEANS, BY THE  DEADLINE.

SO THE BILL WAS KILLED.

IT WOULD HAVE CREATED THIS DIVISION AND GIVEN THE  ATTORNEY GENERAL THE SUBPOENA POWER TO DEMAND RECORDS OF ANY  PUBLIC ENTITY THAT HE DEEMED THAT HE NEEDED TO INVESTIGATE.

NOW THAT HE DOESN'T HAVE SUBPOENA RECORDS, HE IS HOPING  TO WORK WITH GALLUP MCKINLEY.

THEY HAVE MET, THE ATTORNEY  GENERAL'S OFFICE AND GALLUP MCKINLEY OFFICIALS AND HE  HOPES THEY COMPLY WITH HIS REQUESTS.

IF THEY DON'T, THEN HE WOULD HAVE TO PROBABLY ONE TOOL IS  GO TO THE COURT AND SUE THEM FOR THE RECORDS, WHICH, YOU  KNOW, I THINK, MY INTERPRETATION WOULD BE THIS  WOULD SLOW DOWN THE PROCESS OF THE INVESTIGATION.

AND I THINK HE SAID THAT IS ONE POSSIBLE INTERPRETATION,  BUT, I THINK IT IS A LEGITIMATE INTERPRETATION OF  WHAT WOULD HAPPEN WITHOUT THE SUBPOENA RECORDS.

>> Jeff: LET'S END ON MAYBE A LITTLE BIT OF A HOPEFUL NOTE.

THERE ARE ALTERNATIVES TO EXPULSION AND HARSH  DISCIPLINARY TACTICS THAT WE HAVE SEEN IN SCHOOLS.

TRIP AND I JUST HAD A CONVERSATION AT THIS TABLE A  FEW WEEKS AGO WITH SOMEBODY FROM PED WHO IS WORKING ON  RESTORATIVE JUSTICE PRACTICES.

SO, MY QUESTION IS THIS,  GALLUP MCKINLEY IS NOT USING THOSE, AT LEAST NOT AS OF NOW,  BUT WHAT WOULD CHANGE IN THAT DISTRICT LOOK LIKE REGARDLESS  OF THE OUTCOME OF THE ATTORNEY GENERAL'S INVESTIGATION?

>> Pecos: THERE IS A PROCESS AND THE PRINCIPLES THAT ARE  TRADITIONAL IN THAT KIND OF RESTORATIVE JUSTICE FRAMEWORK  REALLY BRINGS ALL OF THE PARTIES TO TOGETHER, CHILDREN,  FAMILY, RELATIVES, SCHOOLS, AND IT IS A PROCESS THAT  ADDRESSES THE TRUTH OF THE ISSUES.

BUT THERE IS A PROCESS THAT IS A NATURAL OUTCOME AND THAT IS  OWNING RESPONSIBILITY WHERE YOU OWN THAT RESPONSIBILITY  BUT IT IS BRINGING PEOPLE BACK INTO GOOD STANDING AS THE  ULTIMATE OUTCOME AND IN BRINGING PEOPLE BACK INTO GOOD  STANDING, IT KIND OF RESTORES PEOPLES' STARTING ALL OVER  AGAIN.

BUT THE MOST IMPORTANT PART OF  THE PROCESS IS REALLY UNDERSCORING THAT THERE IS A  COLLECTIVE AND SHARED RESPONSIBILITY TO REALLY THINK  ABOUT COMMUNITY BEING A SIGNIFICANT PART OF SCHOOLS,  SCHOOLS BEING A VERY SIGNIFICANT PART OF THE  COMMUNITY.

AND RIGHT NOW SCHOOLS  HISTORICALLY HAVE NOT BEEN SAFE PLACES.

AND SO RESTORATIVE JUSTICE CAN REALLY RESPOND TO ADDRESS  MULTIPLE ELEMENTS TO REDEFINE SCHOOLS AS PLACES THAT ARE  SHARED IN THE OWNERSHIP WITH SHARED RESPONSIBILITIES, WITH  SHARED ACCOUNTABILITY.

BUT THE HISTORY OF SCHOOLS HAS  RESULTED IN A CONDITIONING THAT SOMEONE ELSE KNOWS BEST  AND THERE IS NOT A RELATIONSHIP BETWEEN PARENTS,  COMMUNITY AND SCHOOLS THAT CAN RESULT THROUGH THIS PROCESS A  RESTORATION OF THIS RELATIONSHIP THAT IS SO  FUNDAMENTAL TO EVERYONE'S WELL-BEING.

>> Jeff: ANOTHER CONVERSATION THAT WENT BY WAY TOO FAST.

THANKS AGAIN TO ALL OF YOU FOR COMING IN AND TALKING THROUGH  BOTH OF THESE STORIES.

I REALLY APPRECIATE IT.

>> LOU: THANK YOU JEFF.

THANKS TO OUR PANELISTS AND  ATTORNEY GENRAL RAUL TORREZ FOR MAKING TIME TO COME AND  SPEAK WITH US.

NOW TO A STORY WE'LL HAVE OUR  EYE ON DURING THE WEEK AHEAD.

STATE DISTRICT JUDGE, FRED VAN  SOELEN HAS ONE WEEK TO ISSUE A RULING IN A LAWSUIT  CHALLENGING THE CONGRESSIONAL DISTRICT DRAWN AND APPROVED BY  THE LEGISLATURE IN 2021.

THE CASE BEGAN IN EARLY 2022,  AFTER THE REPUBLICAN PARTY OF NEW MEXICO AND SEVEN  INDIVIDUALS FILED A LAWSUIT ACCUSING THE DEMOCRATIC  CONTROLLED LEGISLATURE OF ATTEMPTING TO DILUTE THE POWER  OF REPUBLICAN VOTERS.

AT PARTICULAR ISSUE IS  CONGRESSIONAL DISTRICT 2, WHERE DEMOCRAT DAVE VASQUEZ  NARROWLY EDGED OUT REPUBLICAN INCUMBENT YVETTE HARRELL IN  2022.

VAN SOELEN'S RULING, WHICH THE  SUPREME COURT WILL REVIEW, IS DUE OCTOBER 6.

MEANWHILE WE ARE ALSO DIGESTING SOME LAST MINUTE  DEVELOPMENTS.

WEDNESDAY, THE SUPREME COURT  GRANTED AN EMERGENCY PETITION DISMISSING GOVERNOR MICHELLE  LUJAN GRISHAM AND LIEUTENANT GOVERNOR MORALES AS DEFENDANTS  IN THE CASE.

TESTIMONY AND ARGUMENTS  WRAPPED UP EARLIER TODAY, FRIDAY, IN JUDGE VAN SOELEN'S  COURTROOM.

WE'LL LET YOU KNOW WHAT  HAPPENS WHEN THAT RULING COMES DOWN NEXT WEEK.

THANKS FOR WATCHING.

SEE YOU NEXT TIME.

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