5 Major Lawsuits Rocking Albuquerque Public Schools: The Legal Crisis Facing APS In 2025

The Albuquerque Public Schools (APS) district is currently navigating a complex and high-stakes wave of litigation, with several major student-filed lawsuits making headlines and setting new legal precedents as of December 10, 2025. These legal battles, ranging from landmark anti-discrimination rulings to serious allegations of teacher misconduct and excessive force, collectively paint a picture of a district grappling with systemic issues of safety, accountability, and student rights. The most significant development is a recent New Mexico Supreme Court ruling that fundamentally changes the district's liability in discrimination cases. This article provides an in-depth, updated look at the most prominent student lawsuits and legal challenges facing Albuquerque Public Schools in 2025, detailing the allegations, the key players, and the current status of each case. The sheer volume and severity of these claims underscore a critical moment for the future of public education in New Mexico’s largest school district.

The Legal Landscape: A Chronology of Key APS Lawsuits and Allegations

The following list details the most recent and impactful legal actions brought by students and their families against Albuquerque Public Schools.

1. The Landmark Anti-Discrimination Ruling: Johnson v. The Board of Education (2025)

This case represents the most significant legal development for APS in recent history, as it fundamentally altered the district’s accountability under state law. The lawsuit, filed by the American Civil Liberties Union (ACLU) of New Mexico on behalf of a student named McKenzie Johnson, alleged that a former APS teacher, Mary Jane Eastin, created a hostile learning environment and discriminated against the plaintiff. The core legal question was whether public schools, as state entities, are subject to the New Mexico Human Rights Act (NMHRA), the state’s primary anti-discrimination law. On January 23, 2025, the New Mexico Supreme Court delivered a unanimous and decisive ruling: APS must adhere to state anti-discrimination laws. This landmark decision cleared the way for the lawsuit against APS to proceed and established a powerful new precedent. The ruling means that public schools, including universities, can now be sued in state court for discriminatory conduct, providing a critical new avenue for students to seek justice against the state’s largest school district.

2. The Valley High School Sexual Harassment Case (Trial Nearing)

A separate, high-profile lawsuit alleging educator sexual misconduct is also moving toward trial, keeping the issue of teacher accountability front and center. The lawsuit, filed in 2020 (known as *Serrano v. Albuquerque Public Schools et al*), alleges that an English teacher at Valley High School engaged in inappropriate behavior with a 17-year-old student during the 2019–2020 school year. The complaint asserts that this teacher-on-student sexual harassment constitutes discrimination under Title IX, the federal law that protects people from sex-based discrimination in education. As of late 2025, the trial date for this case is fast approaching. The district’s Board of Education has been holding closed sessions to discuss the litigation, indicating the high priority and potential financial and reputational risk the case poses to APS. The litigation centers on whether the district failed to take meaningful actions to protect the student from the alleged abuse, despite having available resources and knowledge.

3. Lawsuit Over Excessive Force: The Pepper-Sprayed Student

In a case highlighting concerns over school safety and disciplinary measures, the family of an APS student filed a lawsuit against the district after the student was pepper-sprayed on campus. The allegations focus on the use of excessive force by school personnel or security officers during a campus incident. The use of chemical agents like pepper spray (or OC fogger) within a school setting, especially against a student, raises serious questions about training, de-escalation protocols, and the overall safety environment within APS schools. Lawsuits of this nature often seek to hold the district accountable for the actions of its employees under federal civil rights law (Section 1983 litigation) and state tort claims.

4. The $3.5 Million Volcano Vista High Settlement

While a settlement, not an ongoing lawsuit, the massive $3.5 million payout to the family of a former Volcano Vista High School student serves as a stark reminder of the district’s liability in serious injury cases. This multi-million dollar resolution was reached years after the student was severely injured during an incident involving a sword on school grounds. The settlement amount reflects the severity of the injury and the family’s successful claim that the district was negligent in its duty to ensure a safe environment for its students. These types of payouts place significant financial strain on the district and often prompt reviews of safety procedures and risk management.

5. Ongoing Title IX Discrimination Complaints (2024-2025)

Beyond the individual lawsuits, APS continues to face formal complaints regarding systemic discrimination, most notably under Title IX. In September 2025, the organization Defending Education (DE) filed a civil rights complaint against Albuquerque Public Schools, specifically alleging discrimination on the basis of sex. These complaints, often filed with the U.S. Department of Education’s Office for Civil Rights (OCR), allege that APS staff and officials failed to adequately address or respond to allegations of sex-based discrimination and harassment. These federal complaints, separate from the state court lawsuits, demonstrate a continuing concern among community members and advocacy groups that APS is not fully complying with its legal obligations to protect students from a hostile environment.

The Broader Implications for Albuquerque Public Schools

The confluence of these legal challenges—from the New Mexico Supreme Court ruling to the nearing trial in the Valley High case—has created a legal and administrative firestorm for APS. The cases have several overlapping themes and implications: * Heightened Accountability: The *Johnson* ruling mandates that APS is now fully accountable to the New Mexico Human Rights Act. This significantly expands the legal grounds on which students can sue the district for discrimination based on race, sex, disability, and other protected classes. This is a game-changer for civil rights litigation in New Mexico public education. * Systemic Failure to Protect: Multiple lawsuits, particularly the sexual harassment and abuse claims, allege that APS officials failed to take "meaningful actions" to protect students, despite being aware of the risks or allegations. This points to a potential systemic failure in training, reporting protocols, and administrative response to serious misconduct. * Financial and Reputational Damage: The multi-million dollar settlement and the costs associated with defending these complex lawsuits, including legal fees and potential jury awards, place a significant burden on the district’s budget. Furthermore, the persistent negative press erodes public trust in the Board of Education and the district’s administration. * The Role of Advocacy Groups: Organizations like the ACLU of New Mexico and Defending Education are playing a critical role in driving these legal challenges. Their involvement ensures that student rights are fiercely defended and that the district is held to the highest standards of federal and state anti-discrimination law. The legal battles against Albuquerque Public Schools are more than isolated incidents; they are a critical test of the district's commitment to student safety and civil rights. As the trial dates approach and the implications of the Supreme Court's anti-discrimination ruling take hold, APS faces a mandate to fundamentally reform its policies on educator misconduct, student discipline, and compliance with anti-discrimination statutes. The outcome of this litigation will define the legal landscape for students across New Mexico for years to come.