The U.S. Department of Education has launched investigations into a number of school districts, including Santa Fe Public Schools and Albuquerque Public Schools, over policies and procedures related to students’ gender identity that federal officials say violate parents’ rights.
The department expressed concerns in a Monday news release that the two school districts maintained policies that “prevent school personnel from sharing information about a child’s ‘gender transition’ or ‘gender identity’ with their parents.”
The agency’s Student Privacy Policy Office will probe whether the policies violate the federal Family Educational Rights and Privacy Act, or FERPA, and the Protection of Pupil Rights Amendment, the news release states.
“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 wrote in the news release. “We will vigorously investigate these allegations and hold districts accountable to bring parents out of the dark.”
The department also said it planned to take action against two Pennsylvania school districts.
Santa Fe Public Schools has not yet been contacted about the investigation, spokesperson Tara Melton wrote in an email, adding the district would respond and cooperate in the process should federal officials reach out.
“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,” she wrote. “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.”
Albuquerque Public Schools spokesperson Martin Salazar wrote in an email that “APS policies and procedures adhere to FERPA guidelines. We have been notified of the investigation and will respond through the appropriate channels.”
Kevin Bowen, executive director of the Santa Fe-based Human Rights Alliance, criticized the federal government’s announcement in an interview.
The policies the department plans to target are designed to ensure LBGTQ+ students — who can often be the subjects of rejection at home or bullying by their peers — can feel safe at school, he said.
“We’re trying to protect these kids so they don’t get bullied and they don’t feel badly about themselves, and there should be no one telling a kid that they feel any way that’s bad, and that’s what’s happening here,” Bowen said. “And unfortunately, this is going to turn into something I’m afraid is going to have a lot of negative repercussions in the school.”
A return of culture war related to policies and procedures governing student gender and sexual education has been looming for months in Santa Fe.
Nathan Burton/New Mexican file photo
Several parents, grandparents and other community members spoke during a late September meeting of the Santa Fe school board to express concerns over a number of policies related to the issue. Those include a policy addressing gender support plans, which formally allow students to be identified by their preferred name and gender marker in student information systems. Critics said the policy allowed those changes to be made without notifying or consulting parents.
Superintendent Christine Griffin previously told The New Mexican the policy did require parental approval, but that it “just wasn’t really clear.” In August, the district updated the policy to make clear that such a change will not be initiated without parental consent.
The federal Department of Education on Monday also pointed to a form entitled “Name & Pronoun Info Sheet,” which the agency said asks students to specify the name and pronouns they want to be referred to in class.
“Most concerning, however, is the fact that the form explicitly states the teacher will keep this information confidential from parents and asks the students what pronoun they should be referred to when speaking to their parents,” the department wrote in the news release.
Melton did not directly address the form, but wrote, “Santa Fe Public Schools remains committed to providing a safe, welcoming, and respectful learning environment where every student feels valued and supported.”
The federal agency criticized Albuquerque Public Schools for its “Procedural Directive PJ30,” which calls for educators to use students’ preferred names and pronouns in all possible situations, protect transgender students from discrimination and harassment and honor other accommodations related to their gender identity.
The U.S. Department of Education also referenced a lawsuit filed by an Albuquerque Public Schools social worker who alleged district policies requiring employees to honor students’ transition to using different names and pronouns infringed on her religious faith. The social worker alleged in the mid-September lawsuit that the district forced her not to tell parents about their children’s gender transition requests under Procedural Directive PJ30.
Salazar declined to comment on the allegations and the lawsuit, writing, “APS does not comment on pending litigation. We will address the allegations in court, using the appropriate process.”
Esteban Candelaria is a corps member with Report for America, a national service program that places journalists into local newsrooms. He covers child welfare and the state Children, Youth and Families Department. Learn more about Report for America at reportforamerica.org.
