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The Torres family is one of many in New Mexico who are sticking with Stride's virtual school despite the controversy.Sharon Chischilly for NBC News

A virtual education company was a lifeline to a rural district. Now they're at war.

What began as an emergency option for New Mexico students during the pandemic has spiraled into dueling lawsuits and drawn government scrutiny.

GALLUP, N.M. — In 2020, as the Covid pandemic raged, the school district here thought it had found the perfect solution to help provide online schooling to its mostly Native American students when it hired a for-profit education company called Stride Inc.

Stride, a 25-year-old company also known as K12 Inc., is an industry leader in virtual education, serving over 220,000 students in 31 states last school year. It promised Gallup-McKinley County Schools (GMCS) it would provide teachers, laptops and internet hot spots for students who enrolled, in exchange for around $8,000 per pupil. The virtual school, New Mexico Destinations Career Academy, signed up roughly 1,000 students in the 2020-21 school year, a number that would quadruple over time.

Five years later, the district has ended its contract with Stride, a publicly traded corporation, and accused it of prioritizing profits at the expense of students. In interviews, court filings and government complaints, the district alleges Stride reported exaggerated student attendance counts to drive up revenue, neglected special education students and violated state law on student-teacher ratios. Graduation rates and math, reading and science scores among online students all declined, some dramatically, according to district data, while in-person rates improved or stayed the same.

In a complaint filed with the state Public Education Department in May, obtained by NBC News through a public records request, a key Stride employee alleged that top executives knew for at least two years that dozens of teachers were out of compliance with student ratio laws.

Mike Hyatt, the Gallup-McKinley superintendent, has blasted the company. “It was our students that were taken advantage of,” he said. “They’re the ones — whether they know it or not — that were harmed in this. And that just makes me sick inside that a company did this on our watch.”

Stride, a $6 billion company whose revenue has doubled over the past five years, is fighting back, with five lawsuits this year against the district that are still pending. It alleges that the district violated its contract with the company, along with laws governing open meetings for school boards, and it has refused to pay it for the past academic year.

Its attorney also lodged a conflict-of-interest complaint in April against Hyatt, prompting a state review of his educator’s license. Hyatt had applied for a job with Stride in December and been turned down in February. He said that there is no connection between the allegations and his rejection for the job and that the lawsuits are an attempt to distract from Stride’s problems.

A lawsuit the district filed against Stride in late August quotes the whistleblower, who said that on an April 8 Zoom call about the allegations, Peter Stewart, senior vice president of school development, said Stride should “attack first publicly.”

The state Public Education Department declined to comment on that whistleblower complaint, the allegations against Stride or the ongoing inquiry into Hyatt’s license. Stewart did not respond to a request for comment.

Stride also declined to address the whistleblower complaint. In response to questions, it defended its actions. “The situation with GMCS is highly unusual, and we believe the district’s actions have left us with no choice but to seek legal resolution to protect our students, staff and contractual obligations,” it said in a statement. “Stride is committed to fair and equitable business practices with our partner districts, and we deny the allegations made by GMCS.”

Mike Hyatt speaks
Gallup-McKinley Superintendent Mike Hyatt says Stride has attacked him to distract attention from his district's issues with the company. Sharon Chischilly for NBC News

The escalating clash in New Mexico underscores a broader national debate over the role of for-profit companies in public education, as Republicans and the Trump administration advance policies that encourage private companies to expand their footprint in K-12 education.

Gallup-McKinley officials are urging several state agencies to investigate the company and potentially block it from doing business in New Mexico, and they have filed a complaint against it with the Securities and Exchange Commission. Hyatt sent an email to every other superintendent in the state with the subject line “Warning about online company STRIDE Inc./ K12 that put profits above kids.”

But thus far, many families are sticking with Stride. It signed a new contract in July in two other rural New Mexico districts, allowing the virtual academy to continue uninterrupted. More than 3,000 students in the state are enrolled.


Gallup is a small city in McKinley County along historic Route 66 with dramatic red sandstone cliffs that once offered a scenic backdrop for old Hollywood movie shoots. Surrounded by Navajo and Zuni reservation land, it has a poverty rate triple the national average. According to the district, 100% of its students qualify for reduced price lunch because of their families’ income.

The Gallup-McKinley school district is also vast; it covers nearly 5,000 square miles, making it 25% larger than Los Angeles County but with less than 1% of the population. It’s hard to drive 10 minutes without losing a cellphone signal at least once.

A dirt road outside lined with greenery and trees
McKinley County's poor infrastructure reflects its disproportionately high poverty rate — triple the national average — stemming in part from the closings of mines, power plants and oil refineries. Sharon Chischilly for NBC News
A military surplus bridge seen from the side, outside surrounded by trees and mesas
Some families preferred virtual schooling because travel in the district, spread over 5,000 square miles, is difficult.Sharon Chischilly for NBC News

So when the pandemic hit in 2020, district administrators scrambled to figure out how to provide at-home schooling without laptops to give students, some of whom also had no internet at home. The district turned to printing out packets and delivering them, breaking multiple copiers from overuse, Deputy Superintendent Jvanna Hanks said.

“It was just such an unprecedented event,” Hanks said. “We lost staff members; people on the reservation lost their entire families. It was devastating.”

Jvanna Hanks seated outside
Gallup-McKinley Deputy Superintendent Jvanna Hanks said the district struggled to make remote schooling work during the pandemic.Sharon Chischilly for NBC News

In June 2020, the district signed its contract with Stride. Once schools reopened, New Mexico Destinations Career Academy became an alternative for students who wanted to stay at home longer term. State rules allowed anyone within New Mexico to enroll.

For parents like Evan and Kimberly Torres, traveling beadwork artists who live on a reservation outside Gallup, Stride’s virtual school was just what they were looking for. Three of their children are enrolled, and one graduated from the academy last school year.

“It’s just like in a classroom setting,” Evan Torres said. “The only difference is instead of a big, huge whiteboard, everything gets put to them on their screen.”

On a recent afternoon, his fifth grade son, Isaiah, sat at his bedroom desk surrounded by Legos and posters for Sonic the Hedgehog and “Five Nights at Freddy’s.” He watched a recorded math lesson he had missed the day before because the family had attended a ceremonial dance at a pueblo. Math is his favorite subject, Isaiah said, “because it’s the easiest.”

With the area’s difficult roads, Torres said, it’s comforting to have his children at home and not have to worry about a two-hour bus ride because they are “off somewhere stuck in the mud.”

Evan Torres looks over Isaiah's shoulder while they look at a laptop inside of a bedroom
Evan Torres helps his son Isaiah with his classwork at Church Rock near Gallup, N.M.Sharon Chischilly for NBC News
Green stick figures are drawn on a door with drawn text above the figures that reads "Torres family"
The Torres family drawn on a door in Isaiah’s bedroom.Sharon Chischilly for NBC News

Despite the convenience, many education experts see virtual schools as a poor alternative to the traditional brick-and-mortar ones. Research has historically shown students enrolled in them do far worse academically than those in traditional schools.

“Virtual schooling poses a real danger,” said Jennifer Darling-Aduana, an assistant professor of learning technologies at Georgia State University, who has studied virtual schools. There’s no consensus about what counts as a full day of instruction, she said, and success often depends on having adults around to support children and keep them on task. “There’s an existing understanding of what face-to-face instruction looks like and how you can measure process and outcomes,” she said, but most states have yet to regulate virtual schools the same way.

Stride and other companies behind them argue that if students perform poorly, it is partly because they enroll many who face adversity or had been struggling already. And virtual schools point to surveys showing high parent satisfaction.

In its statement, Stride said 84% of families who used its services in New Mexico opted to stick with them. “That choice reflects the confidence families have in a program that supports their children’s growth and success,” it said.


For years, Gallup-McKinley officials thought things were mostly humming along well with Stride. Hyatt, the superintendent, even gave recommendations to other districts considering Stride, and he said he was unaware that the company had had conflicts in other states.

Kentucky officials tried but failed this year to cap enrollment in virtual schools, alleging Stride had produced poor academic outcomes and violated class size laws. In 2016, Stride paid over $8 million to settle a California Justice Department investigation into allegations it had misrepresented attendance records and academic progress for its virtual schools in the state.

The company told NBC News that the settlement does “not reflect who Stride is today.”

This year, Gallup-McKinley began to have its own struggles with Stride. In December, according to district officials and the SEC complaint, a data analyst hired by the district found students had been included in Stride’s enrollment figures even though they had stopped attending months before.

A view of houses on top of a tall mesa rock structure
Homes in the village of Acoma Pueblo, N.M., where the Torres family attended a ceremonial dance in September. The area has a high concentration of Native American reservations.Sharon Chischilly for NBC News

The district said further investigation found other problems, as well. Stride failed to properly screen dozens of special education students or hire specialized staff members to work with them, according to the district’s lawsuit. The suit also alleges that teachers were sometimes assigned more than 200 pupils, well over limits set by the state that range from 20 to 160, depending on the grade. Dozens of teachers hired by Stride had not been properly licensed in New Mexico, according to the SEC complaint. From 2022 to 2024, the reading proficiency rate for online students dropped 5 percentage points, and the rate for math fell by 10, both to well below the state and Gallup-McKinley averages, according to the district.

Stride has said the district’s data is incorrect but has not disclosed a full analysis of those scores. Instead, it has pointed to numbers showing individual students entering its virtual school improved in math and reading proficiency over time. In response to questions about special education, it said the district, not Stride, “oversees the communication and implementation of its special education policies.” Stride said its students have better attendance than the children who attend in person, which the district disputes. It also accused the district of interfering in the credentialing process for teachers the company hired.

The district moved to cut the contract in April, prompting the series of lawsuits from Stride. In one of them, Gallup-McKinley schools have filed a counterclaim accusing Stride of abusing the legal process for “retribution.” The district filed a separate lawsuit against the company, alleging fraud and defamation. This month, Stride asked a court to dismiss the defamation claims, arguing the company never said anything false, and to force the rest of the claims into confidential arbitration proceedings.

“This is more than just a contract,” said Kevin Mitchell, a member of the Navajo Nation and the Gallup-McKinley school board. “This is about retaliation. This is about setting our Native children and our educational system backwards.”

Kevin Mitchell looks off into the distance
Kevin Mitchell, a member of the Gallup-McKinley school board, said he feels like Stride took advantage of the district.Sharon Chischilly for NBC News

In its contracts with the two new districts, Chama Valley Independent and Santa Rosa Consolidated in New Mexico, Stride agreed to pay $1 million to each in the first year and then 5% of revenues annually to handle administrative costs, while also collecting payment. The state auditor’s office told NBC News that it opened investigations into complaints Gallup-McKinley filed last month arguing that the other New Mexico districts did not fairly consider other virtual school vendors. Stride called the complaints “baseless.”

Do you have an experience to share about technology in education? Please contact reporter Tyler Kingkade.

Martín A. Madrid, superintendent of Santa Rosa Consolidated, said his district chose to contract with Stride to help students who have to travel long distances or need alternative approaches to education. “We believe this model will expand opportunities and provide an excellent education for our students,” Madrid said in an email. Chama Valley Independent did not respond to requests for comment.

Isaiah rests on a green pillow on his bed
Isaiah, a fifth grader, in his bedroom.Sharon Chischilly for NBC News

During a field hearing in Gallup last month for the state Legislature’s education committees, district officials laid out data showing problems it had with Stride.

Mimi Stewart, a Democrat and the state Senate’s president pro tempore, said she walked away wondering how a taxpayer-funded virtual school had been set up and grown to become larger than many districts in the state without lawmakers knowing about it. Both she and the chair of its Education Committee told NBC News that they expect legislation to be introduced soon that would improve oversight of virtual schools operating in the state.

“We have got to stop spending this much money on virtual schools when there’s very little regulation,” said Stewart, who declined to speculate on what the legislation might include. “I think it’s the state’s issue that we need to fix.”