Albuquerque, New Mexico: Feds Investigate Albuquerque and Santa Fe Schools Over Gender Identity Policies

The U.S. Department of Education announced on Monday, November 9 that it has opened investigations into Albuquerque Public Schools and Santa Fe Public Schools. The department says the districts' gender identity and expression policies may violate federal family education and privacy law.

The department's Student Privacy Policy Office will run both investigations. The office will test the district policies against the Family Educational Rights and Privacy Act, known as FERPA, and the Protection of Pupil Rights Amendment, according to the department's news release.

What the department alleges in Albuquerque

In Albuquerque, the department alleges that a district social worker was "prevented from sharing 'gender identity' information with parents" because of the district's non-discrimination rule on gender identity and expression. That rule tells schools to use a student's chosen name, to keep a student's preferred name and gender in informal records, and to use the legal name in the permanent records that parents can see.

Albuquerque Public Schools answered the same day. Martin Salazar, the district's senior director of communications, said in an emailed statement for the district and its board: "APS policies and procedures adhere to FERPA guidelines. We have been notified of the investigation and will respond through the appropriate channels."

What the department alleges in Santa Fe

In Santa Fe, the department says parents reported that the district used "gender support plans" without their consent or knowledge. It pointed to a form titled "Name and Pronoun Info Sheet," which asks students what they want to be called in class. The department says the form tells teachers to keep what students write confidential from parents.

A Santa Fe Public Schools spokesperson told Source New Mexico the district has not been notified of an investigation. The district said it stays committed to a safe and respectful learning environment, that parents must take part and consent before a student's name or gender marker changes in its official student information system, and that it will respond and cooperate if an official inquiry arrives.

The federal letters behind the cases

The investigations follow a joint letter the Education Department and the U.S. Department of Justice sent on October 5, 2026 to attorneys general in every state. The letter pointed to recent federal guidance and raised concerns about school districts and federal law on mental health screenings in schools. The New Mexico Attorney General's office confirmed to Source New Mexico that it received the letter.

Secretary of Education Linda McMahon said in a statement: "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. We will vigorously investigate these allegations and hold districts accountable to bring parents out of the dark."

The department said its release also covers action against two Pennsylvania school districts, with the Justice Department joining one of those cases for an enforcement action. The New Mexico investigations are at the opening stage. Neither district has been found in violation, and both will answer through the federal process.