Trump admin investigates New Mexico schools over policies protecting trans students’ privacy
Some protections for trans students are ending (Getty Images)
The US Department of Education has opened investigations into two New Mexico school districts over policies it says may stop staff sharing information with parents about a child’s gender identity or transition.
The department said on Monday it is investigating Albuquerque Public Schools (APS) and Santa Fe Public Schools (SFPS) over rules tied to students’ gender identity and parents’ access to information. It said the districts could lose federal funding if investigators find the policies broke federal law.
Federal officials said they are examining whether the policies violate the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA). In Santa Fe, the department alleged that, without parents’ knowledge or consent, students were asked which preferred name or pronoun they wished to use in class.
What is the federal investigation looking at?
The dispute centres on how schools support trans and non-binary pupils, and when parents must be informed about a student’s name, pronouns, or social transition at school.
FERPA governs access to, and privacy of, student education records, and is often cited in arguments over what information schools can share with parents. The Protection of Pupil Rights Amendment sets rules around certain student information and parental rights.
The investigations come after the Department of Education formally rescinded Biden-era Title IX protections that explicitly treated discrimination based on sexual orientation and gender identity as sex discrimination, restoring Trump first-term rules.
What have Albuquerque and Santa Fe schools said?
APS said it had been informed of the investigation and insisted it is following federal privacy rules. An APS spokesperson said: “APS policies and procedures adhere to FERPA guidelines. We have been notified of the investigation and will respond through the appropriate channels.”
SFPS said it had not been contacted about the announced investigation, but would cooperate if it receives an official inquiry. A spokesperson said: “Santa Fe Public Schools remains committed to providing a safe, welcoming, and respectful learning environment where every student feels valued and supported. At this time, Santa Fe Public Schools has not been contacted by the US Department of Education regarding the announced investigation. Should we receive an official inquiry, we will respond appropriately and cooperate with the process… [Our policies include] requiring parental involvement and consent for changes to a student’s name or gender marker in our official student information system.”
Earlier this year, a similar FERPA argument was at the heart of a major funding fight when California filed a lawsuit against the US Department of Education after the federal government threatened to withhold approximately $4.9 billion in annual education funding over the state’s law prohibiting the forced outing of transgender students.
