On September 25, 2025, Defending Education (DE) filed a complaint against Albuquerque Public Schools (APS) with the U.S. Department of Education’s Office for Civil Rights. DE claims APS is breaking Title IX, a law that bans sex discrimination in schools that receive federal funds. DE also claims APS is violating the Constitution’s Equal Protection Clause, which bars government bodies, including public schools, from treating people differently because of their sex.
APS is New Mexico’s largest school district, with about a fourth of the state’s public school students. Its Office of Equal Opportunity Services admits that Title IX “prohibits discrimination on the basis of sex.” But it also openly applies Title IX based on based on gender identity instead. Gender identity discrimination is not the same as sex discrimination under Title IX, and the Supreme Court has never said it is.
APS’s policy on gender identity, Procedural Directive PJ30, says that “[s]tudents shall have access to the restroom that corresponds to their gender identity at school.” It also lets students take part in school sports “in a manner consistent with their gender identity” rather than their sex. In practice, that means biological males can use girls’ restrooms and play on girls’ teams.
Defending Education urges the Department to investigate every claim in its complaint, fix APS’s illegal policies and practices, and order the right remedies.
Read the full complaint below:
