On September 25, 2025, Defending Education (DE) filed a complaint against Albuquerque Public Schools (APS) for discrimination on the basis of sex in programs or activities that receive federal financial assistance in violation of both Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. § 1681 et. seq, and the Equal Protection Clause of the 14th Amendment to the U.S. Constitution.

The complaint states the following:

APS is New Mexico’s largest school district, containing about a fourth of all New Mexico public school students. APS’s Office of Equal Opportunity Services admits that Title IX “prohibits discrimination on the basis of sex,” but also claims that Title IX applies based on students’ gender identity rather than on
the basis of their sex. APS defends this policy by citing outdated Department of Education guidance from the previous Presidential administration, even though a federal court vacated that guidance and the Department rejected it eight months ago. Gender identity discrimination is not the same as sex discrimination under Title IX, and the Supreme Court has never held it is.

APS’s policy (Procedural Directive PJ30, “Non-Discrimination for Students: Gender Identity and Expression”) appears to violate Title IX. It also violates various Presidential Executive Orders on policies
related to sex discrimination in federally funded programs,8 and this Department’s stakeholder guidance on Title IX and the prevention of sex discrimination in federally funded programs. In relevant part (Exhibit A) PJ30 states:

For purposes of this procedural directive, “gender identity” refers to one’s internal sense of gender, which may be different from one’s assigned sex at birth, and which is consistently asserted, or for which there is other evidence that the gender identity is sincerely held as part of the student’s core identity.

In PJ30’s “Restroom Accessibility” section (Exhibit B), APS clarifies: “Students shall have access to the restroom that corresponds to their gender identity at school.” In another apparent exercise in sex discrimination (Exhibit C) PJ30 permits students “to participate in interscholastic athletics in a manner consistent with their gender identity” rather than on the basis of sex.

Section 1 of the 14th Amendment to the U.S. Constitution asserts: “No state shall make or enforce any
law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state
deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” The Supreme Court held in Craig v. Boren that to
withstand equal protection scrutiny, sex distinctions “must serve important governmental objectives and must be substantially related to achievement of those objectives.”

APS’s restroom and locker room policies and its interscholastic athletic policy appear to violate Title IX and the Equal Protection Clause.

The Department’s own guidance on Title IX clarifies that covered educational programs and activities
include: “[A]ll the operations of a school that receives financial assistance including academics, extracurricular activities, athletics, and other programs. Title IX applies to all operations of a school,
including those that take place in the facilities of the school, on a school bus, or in a class or training
program sponsored by the school at another location.”

Accordingly, we ask that the Department promptly investigate all the allegations in this complaint, act swiftly to remedy unlawful policies and practices, and order appropriate relief.

Thank you for your prompt assistance with this request for investigation and resolution.

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