Lana Oconnell
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student educational records in the US. It gives students the right to amend their records to match their legal documents and choose how much gender information to share. At the University of Utah, for example, students have the option to voluntarily self-identify information pertaining to their gender identity. However, the school principal usually has access to students' birth certificates and other personnel may encounter situations where a student's gender identity is not disclosed.
| Characteristics | Values |
|---|---|
| Students | Students may self-identify their gender and sexual identity. They may update this information at any time. |
| University | The university collects data on the gender and sexual identities of students to better understand their student population. The university uses this data to inform resources, programs, and policies that support their diverse campus. |
| Registrar's Office | The Registrar's Office maintains student records and may be willing to work with students to change their educational records. |
| Federal Law | The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student educational records and gives current and former students the right to amend those records. |
| State Law | State nondiscrimination laws may protect a student's right to be placed in campus housing according to their gender identity. |
| Title IX | Title IX protects a student's right to be placed in campus housing according to their gender identity. |
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What You'll Learn
Students can self-identify their gender
At the University of Utah, for example, students have the option to voluntarily self-identify their gender identity and sexual identity through a self-service page. This data is private and will be used to better understand the student population and support retention efforts. Students may update this information as many times as they like over the course of their enrollment at the university. However, if a student wants to update their legal name or gender marker in their official university record, they must complete a Change of Personal Information Form and supply the required documentation.
Some universities may not have a stated procedure for allowing name and gender marker changes, in which case the student can approach the Registrar's Office for assistance. It may be helpful to enlist the support of an ally, such as an LGBT resource professional, and to provide materials like Lambda Legal's Transgender Rights Toolkit to help the school understand the importance of updating educational records. While self-identification is important for transgender rights, opponents argue that it compromises safety in certain spaces and fairness in competitive sports.
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University staff can access gender information
At the University of Utah, for example, students can voluntarily self-identify their gender identity and sexual identity through a self-service page. This data is private and used to better understand the student population and support retention efforts. The university also allows students to update their legal name or gender marker in their official records by completing a Change of Personal Information Form and supplying the required documentation.
Other universities, such as the University of Minnesota, have policies in place to provide equal access and support for transgender, non-binary, and gender-expansive students, faculty, and staff. These policies include allowing university members to use a chosen name and gender identity that differs from their legal name and sex assigned at birth without being required to provide documentation.
In terms of access to gender information, university staff members typically have a responsibility to safeguard student privacy while also creating a safe and supportive environment. This may involve working closely with students to ensure that their chosen name and gender marker are accurately reflected in the student information system, which can be a powerful demonstration of the university's commitment to honouring and respecting the student's identity.
It is important to note that universities are encouraged to provide inclusive options for gender self-identification, recognising that relying solely on legal sex may not reflect the entirety of a person's gender identity. Additionally, students have the right to amend their educational records to match their legal documents if they are inaccurate, misleading, or violate their privacy rights under the Family Educational Rights and Privacy Act (FERPA).
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Students can change their gender information
At the University of Utah, for example, students can update their gender marker by completing a Change of Personal Information Form and supplying the required documentation. They can also update their gender identity and sexual identity on a self-service page as many times as they like over the course of their enrollment. This data is private and used to better understand the student population and support retention efforts.
In the United States, the Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student educational records and gives current and former students the right to amend those records to match their legal documents if they are “inaccurate, misleading, or in violation of the student’s rights of privacy.". Once a student reaches 18, their parents do not have access to these records unless the student grants permission.
In terms of housing, transgender students have the right to be placed in campus housing according to their gender identity, as long as their college or university is subject to Title IX and hasn't specifically exempted itself from this requirement. Similarly, transgender students have the right to use restrooms and locker rooms on campus in accordance with their gender identity, and they are protected under Title IX and state or local non-discrimination laws.
Students should also be allowed to wear clothing consistent with their gender identity and expression, regardless of whether they identify as transgender or cisgender. This includes clothing for special events such as homecoming, prom, and graduation.
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Gender information is used for analysis
Universities typically collect gender information from students through application forms, surveys, and other demographic information forms. This information is used for analysis at various levels and for various purposes. Firstly, it is essential to understand that gender information is considered sensitive personal information and is protected by laws such as the Family Educational Rights and Privacy Act (FERPA) in the US. This law ensures that students' educational records are kept private and gives them the right to amend these records to match their legal gender identity.
Universities collect gender information to better understand their student population and support retention efforts. For example, the University of Utah encourages students to voluntarily self-identify their gender and sexual identity through a self-service page, which they can update as many times as they like during their enrollment. This data is used to answer questions such as "How many students in the incoming class identify as LGBTQIA?+" and "How do the graduation rates of LGBTQIA+ students compare to their cisgender peers?". By collecting and analyzing this data, universities can develop resources, programs, and policies that support a diverse campus and improve retention rates.
Additionally, gender information is crucial for universities to assess the school climate and the unique experiences and needs of their students, especially those who identify as LGBTQIA+. Schools with a better understanding of their students' identities can provide appropriate services and programming to ensure a positive and supportive environment for all. This is particularly important for transgender and non-binary students, who experience higher rates of negative consequences and face substantial obstacles in school due to structural and institutional failures.
Furthermore, collecting gender data can help universities identify and dismantle the barriers faced by LGBTQIA+ community members in specific fields, such as science, technology, engineering, mathematics, and medicine (STEMM). An abundance of research shows that excellence in STEMM is linked to diversity, and collecting gender information can help universities create more inclusive and supportive pathways for LGBTQIA+ students in these fields.
Lastly, gender information is also used for analysis when it comes to housing and restroom rights for transgender students. Universities that are subject to Title IX are required to provide housing and restroom facilities that align with students' gender identities, and having accurate gender information helps universities fulfill these rights.
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Privacy laws protect students' gender information
FERPA also allows students to amend their educational records to match their legal documents if they are inaccurate, misleading, or violate their privacy rights. For example, transgender students can change their legal name or gender marker in their official university records by completing a Change of Personal Information Form and supplying the required documentation. Additionally, universities may collect data on the gender and sexual identities of students through voluntary self-identification, which helps them understand their student population better and support retention efforts.
The right to privacy includes the right to non-disclosure and informational privacy, which covers medical records and gender identity. Even when information is part of a student's records and covered by FERPA, there are exceptions that permit disclosure under certain circumstances, such as when the student or others may be at risk of harm. For example, FERPA expressly permits disclosing information from a student's records to protect the health or safety of the student or others in an emergency.
Furthermore, schools should be mindful that a transgender student's gender identity and preferred name may not conform to their official records. School staff should protect the student's privacy by avoiding inadvertent disclosure of their legal name and assigned sex at birth. Information about a transgender student's legal identity, transgender gender identity, and assigned sex at birth should be treated as confidential information. Disclosing such information to other students, parents, or third parties may violate privacy laws unless legally required or authorized by the student.
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Frequently asked questions
The Office of the Registrar houses students' gender information. Only authorized staff can access this data, and they are not allowed to share any individual data relating to how a student identifies in reports or any public format.
Yes, students can change their gender information at universities. They can update their legal name or gender marker in their official university records by completing a Change of Personal Information Form and supplying the required documentation. Some universities also allow students to indicate their chosen name, gender identity, and pronouns without providing legal documentation.
Universities collect gender information from students to better understand their student population and to support retention efforts. This information is used to analyze the recruitment, retention, and graduation of students across different gender identities.
Yes, universities are required by law to maintain the privacy of students' educational records. Students have the right to keep their gender identity private, and universities must treat students in accordance with their gender identity.
Yes, students are not required to provide their gender information at universities. Universities understand that not everyone may feel comfortable sharing their gender identity, and they respect students' rights to privacy and confidentiality.
