Feds launch investigations into Albuquerque, Santa Fe schools’ gender identity policies

The U.S. Department of Education announced Monday that it launched investigations into the Albuquerque and Santa Fe Public School districts, alleging their gender-identity and expression policies violate federal family education and privacy law.

The federal agency instructed its Student Privacy Policy Office to investigate whether policies regarding student gender identity at the Albuquerque and Santa Fe public school districts violate the Family Educational Rights and Privacy Act and the Protection of Pupil Rights Amendment, according to a news release.

Specifically, the U.S. Department of Education alleges that a district social worker with the Albuquerque Public Schools was “prevented from sharing ‘gender identity’ information with parents,” due to APS’ non-discrimination rule regarding gender identity and expression, which mandates that schools use a student’s chosen name and directs schools to separate a student’s preferred name and gender in informal records, while referring to their legal name in permanent records that are made available to parents. 

In an emailed statement, APS Senior Director of Communications Martin Salazar responded to the allegations on behalf of the district and APS board: “APS policies and procedures adhere to FERPA guidelines. We have been notified of the investigation and will respond through the appropriate channels.”

The ED and U.S. Department of Justice sent letters on Oct. 5, 2026, to all state Attorneys General, pointing them to recent federal guidance and expressing “concerns about their school districts’ lack of compliance with these federal laws regarding mental health screenings conducted in schools.”

The New Mexico Office of the Attorney General confirmed receipt of the letter to Source NM.

In addition, the ED says it has received reports from parents in Santa Fe who alleged that “the school district utilized ‘gender support plans’ without their consent or knowledge.” The ED cited a form titled “Name and Pronoun Info Sheet” that asks students what they’d like to be referred to in class. The form, the ED says, explicitly states that the teacher will keep what the students filled out confidential from parents. 

An SFPS spokesperson sent Source NM a statement that said the district has not been notified of an investigation.

“Santa Fe Public Schools remains committed to providing a safe, welcoming, and respectful learning environment where every student feels valued and supported.

“Should we receive an official inquiry, we will respond appropriately and cooperate with the process. We recognize and respect the essential role parents and guardians play in their children’s lives and education. Our district policies and procedures reflect that commitment, including requiring parental involvement and consent for changes to a student’s name or gender marker in our official student information system.

“We remain committed to following applicable state and federal laws while fostering strong partnerships between our schools and families. Our focus continues to be on what matters most: supporting our students, partnering with families, and creating schools where every child can learn, grow, and thrive.”

Since taking office last year, President Donald Trump has signed numerous orders targeting transgender rights.

“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,” U.S. Secretary of Education Linda McMahon said in a statement. “We will vigorously investigate these allegations and hold districts accountable to bring parents out of the dark.”

The news release also says the department is taking action against two Pennsylvania school districts, and partnering with the U.S. Department of Justice in one instance for an enforcement action. 

This is a developing story and may be updated.