Parental-rights showdown erupts as feds probe NM school districts
Two of New Mexico’s largest public school districts are now under federal investigation over policies that allow students to use different names or pronouns at school without that information necessarily being disclosed to their parents.
The U.S. Department of Education announced Monday that its Student Privacy Policy Office has opened investigations into Albuquerque Public Schools and Santa Fe Public Schools, citing concerns that district practices may violate federal parental-rights laws.
Federal officials said they are examining possible violations of the Family Educational Rights and Privacy Act, or FERPA, and the Protection of Pupil Rights Amendment, or PPRA. The department also announced action involving school districts in Pennsylvania as part of a broader nationwide enforcement campaign.
The New Mexico investigations center on whether schools can facilitate what federal officials describe as a student’s “social transition” — such as using a different name or pronouns — while withholding that information from parents.
Education Secretary Linda McMahon said the administration considers parental notification a fundamental issue.
“Policies designed to conceal or hide the most sensitive information about a child’s well-being not only violate federal law,” McMahon said, adding that parents should remain the primary decision-makers in their children’s lives.
The investigations do not themselves establish that either New Mexico district violated federal law.
APS policy draws federal scrutiny
Albuquerque Public Schools has maintained a detailed gender-identity directive for years.
Under APS Procedural Directive PJ30, students have the right to be addressed at school by a name and pronouns corresponding with their asserted gender identity without first obtaining a legal name change.
The policy also states that transgender or gender-nonconforming students may decide “when, with whom, and how much” information they share about their gender identity.
When school employees contact a student’s parents, however, the directive instructs staff to use the student’s legal name and the pronouns associated with the student’s sex assigned at birth unless the student or parent has specified otherwise.
The directive distinguishes between official records and internal school use. APS says legal names and sex must remain in certain permanent academic records, while preferred names and gender may be used in internal documents and day-to-day interactions.
Federal officials are scrutinizing whether that separation can effectively keep information from parents that FERPA entitles them to inspect.
APS disputes that its procedures violate the law.
“APS policies and procedures adhere to FERPA guidelines,” district spokesperson Martin Salazar said. “We have been notified of the investigation and will respond through the appropriate channels.”
APS social worker already suing district
The federal inquiry comes less than two months after Jeanette Martinez, a social worker at Atrisco Heritage Academy High School, sued APS over the same general policy.
Martinez alleges the district requires her to withhold information from parents when students use different gender identities at school and that following the rule conflicts with her constitutional and religious rights.
Her lawsuit says she works with special-education students and argues that she should not be required to conceal a student’s social transition from that student’s family.
The Center for American Liberty, which represents Martinez, argues that APS cannot condition her employment on keeping such information from parents. APS has declined to comment specifically on the pending lawsuit.
The Education Department cited reporting on Martinez’s case when announcing its new investigation.
Santa Fe form gets federal attention
The allegations involving Santa Fe Public Schools are somewhat different.
The Education Department says it received reports that students were given gender support plans and a “Name & Pronoun Info Sheet” asking which names and pronouns they wanted teachers to use.
According to the federal agency, the form allegedly told students that the information could be kept confidential from parents and asked students how teachers should refer to them when communicating with their families.
That detail appears to be among the most significant issues drawing federal scrutiny.
Santa Fe Public Schools says its formal policies require parental involvement before a student’s name or gender marker is changed in the district’s official student-information system.
Superintendent Christine Griffin previously acknowledged that the district’s policy had not been sufficiently clear on the issue. SFPS updated its guidance in August to explicitly state that an official change would not be initiated without parental consent.
District spokesperson Tara Melton said SFPS had not yet received an official inquiry from the Education Department when the investigation was announced but would cooperate if contacted.
“Santa Fe Public Schools remains committed to providing a safe, welcoming and respectful learning environment where every student feels valued and supported,” Melton said.
Federal government escalating enforcement
The investigations are part of a much broader federal effort.
Education Week counted at least 222 investigations opened by the Education Department since the beginning of the administration through Oct. 26, covering issues including transgender policies, DEI programs and other administration priorities.
And federal officials have increasingly moved beyond investigations.
In September, the Justice Department sued Kansas City, Kansas Public Schools, alleging the district violated FERPA and PPRA by facilitating students’ gender transitions without notifying parents.
The administration described that case as the first federal lawsuit of its kind.
The Education Department previously found four Kansas districts in violation of FERPA over similar policies. One, Topeka Public Schools, subsequently entered a resolution agreement requiring it to make gender-support records available to parents and rescind guidance preventing parental access.
The Justice Department filed another lawsuit in October against Anne Arundel County Public Schools in Maryland over similar allegations.
That history raises the stakes for APS and Santa Fe.
Federal officials have warned that persistent violations of FERPA can ultimately jeopardize federal education funding, although such a penalty would come only after an enforcement process and opportunities for a district to come into compliance.
Legal fight is not settled
There is, however, an important unresolved legal question.
FERPA was enacted primarily to guarantee parents access to educational records, while PPRA regulates certain surveys, evaluations and collection of sensitive information from students.
Neither statute specifically refers to gender identity.
The administration argues that gender-support plans, preferred-name records and similar information fall squarely within parental access protections.
School districts and transgender-rights advocates dispute that interpretation in some cases, arguing that the laws do not necessarily require educators to proactively disclose every informal conversation or classroom interaction to parents.
Education Week has described the administration’s effort to use FERPA and PPRA to compel parental notification of students’ social transitions as a novel and contested legal theory that is now being tested in federal court.
That makes the New Mexico investigations part of a potentially consequential national legal fight over where student privacy ends and parental rights begin.
For APS and Santa Fe Public Schools, federal officials will now examine whether policies intended by the districts to protect students instead cross the line into withholding records or sensitive information that federal law says parents are entitled to see.
The districts say they follow federal law.
The administration says it intends to find out.
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