The U.S. Department of Education announced investigations into Albuquerque Public Schools (APS) and Santa Fe Public Schools (SFPS) over policies that let students use pronouns and name changes without informing parents. The federal review, cited by KOAT, claims the practices violate parents’ rights under federal law.
U.S. Secretary of Education Linda McMahon issued a statement emphasizing that “policies designed to conceal or hide the most sensitive information about a child’s well‑being not only violate federal law but also educators’ moral obligation to let parents be the first decision‑makers in their child’s lives.” She added that the Department will “vigorously investigate these allegations and hold districts accountable to bring parents out of the dark.”
APS responded that its policies and procedures adhere to FERPA guidelines and that the district has been notified of the investigation. The district said it will “respond through the appropriate channels.” Santa Fe Public Schools, meanwhile, noted it has not yet been contacted by the Department but reiterated its commitment to a safe, welcoming environment and to involving parents in decisions about a student’s name or gender marker in official records.
Legal expert John Day, quoted by KOAT, described the situation as a “complicated struggle” between parental access to student information and schools’ duty to protect children. “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 have voiced strong reactions. Kristi Borrego Ojinaga, a mother of four, said she pulled her daughter from SFPS after a classmate transitioned genders and began using the girls’ bathroom, stating, “Being that our daughter at the time was six years old, I felt that anything that affected her at school was my business.” She added that school officials did not adequately address her concerns.
Advocates for student privacy expressed worries that the investigations could infringe on student rights. Kevin Bowen of the Santa Fe‑based Human Rights Alliance warned, “It’s not going to help anyone,” and called for balanced communication, education, and empathy to reach a solution.
A recent Supreme Court case out of California, referenced by Day, underscores the national debate over parental rights in school matters. While the case is not yet finalized, Day noted it appears to side with parents.
Two Pennsylvania school districts were also named in the Department’s broader investigation, indicating the issue extends beyond New Mexico.
What’s next: APS has said it will cooperate with the investigation and respond through proper channels. Santa Fe Public Schools indicated it will respond if formally contacted. Both districts are expected to provide documentation to the Department of Education as the probe proceeds, and parents are encouraged to stay informed about any policy changes that may affect their children’s education.
