The Department of Education announced a federal investigation into two of New Mexico’s largest school districts—Albuquerque Public Schools (APS) and Santa Fe Public Schools (SFPS)—over their policies related to pediatric gender treatments in the classroom. Both districts confirmed they have received notice of the probe, though APS was the first to publicly acknowledge it.
Parental‑rights at the forefront
Legal analyst John Day described the situation as a “complicated struggle” between parental rights and school obligations. “What the federal government says is you have parents who have rights. They have rights to access all these records about their children,” Day said. “And the schools are saying, ‘we have an obligation to protect these children when they’re in our schools.'”
Parents like Kristi Borrego Ojinaga, a mother of four, have welcomed the investigation. After her six‑year‑old daughter was placed in a classroom where a classmate transitioned and began using the girls’ bathroom, Borrego Ojinaga withdrew her child from SFPS. “Being that our daughter was six years old, I felt that anything that affected her at school was my business,” she explained. She added that school officials did not adequately address her concerns when she raised them.
School officials defend policies
Both districts have defended their approach, emphasizing a duty to create a safe and inclusive environment for all students. APS spokesperson said the district follows federal guidance that supports the well‑being of transgender and gender‑diverse youth while also respecting family involvement. SFPS has not issued a detailed public statement beyond confirming receipt of the investigation notice.
Critics warn of privacy and safety risks
Kevin Bowen, a leader with the Santa Fe‑based Human Rights Alliance, cautioned that the investigation could infringe on student privacy and fail to prioritize children’s needs. “It’s not going to help anyone,” Bowen said, urging a balanced solution that includes communication, education, and empathy.
Legal backdrop
The probe comes amid a broader national debate over parental rights in education. A recent Supreme Court case from California, though not yet decided, appears to favor parental access to school records and decision‑making. Day noted that the pending ruling could set a precedent that influences the current investigation.
Two school districts in Pennsylvania have also been named in the Department of Education’s inquiry, indicating that the issue extends beyond New Mexico.
What parents can do
Parents concerned about their children’s exposure to pediatric gender treatments are encouraged to request their child’s educational records under the Family Educational Rights and Privacy Act (FERPA). Legal experts advise keeping written records of all communications with school officials and, if necessary, seeking counsel to ensure their rights are protected.
As the investigation proceeds, both districts say they will cooperate fully while continuing to provide support services for all students. The outcome could shape how schools across the nation address pediatric gender treatments and parental involvement moving forward.
Original reporting: KOAT Albuquerque — read the source article.
