When advocating for the rights of transgender students, it is important to be familiar with the federal laws protecting privacy and supporting individual identity in schools, including name changes. First, there is no law that says that schools cannot use names and pronouns that correspond with a student’s gender identity and name in schools. This means that informally, schools can use the name and pronouns the student provides (with or without a legal name change). Some school districts may have policies supporting this.
For formal documents, the Family Educational Rights and Privacy Act (FERPA) requires that school records be accurate and not misleading– so if the student has changed their name or gender marker legally, FERPA protects the student’s right to be identified in school documents by their correct (legal) name, because to do otherwise would be “inaccurate.” FERPA also protects the student’s privacy regarding the change. So, if a student has changed their name legally, under FERPA the school must both correct school records, and keep any information about the change confidential. Remember though, even without a legal name change, there is no law saying schools cannot use the name and pronouns given by the student, whether or not there has been a legal change. The State of Maryland provides guidance supporting students and schools through this process. Therefore, don’t accept “we aren’t allowed” as a reason for schools not to use preferred names. Ask for the law or policy that disallows it (hint: there isn’t one).
What is FERPA?
FERPA is a federal law designed to protect the privacy of student educational records. Under FERPA, parents and eligible students (those over 18 years of age or attending a post-secondary institution) have the right to:
– Inspect and review the student’s education records.
– Request the correction of inaccurate or misleading information in the records.
– Control the disclosure of personally identifiable information from education records, except under certain permitted circumstances.
FERPA gives parents and students significant control over what information schools can release, which is critical for transgender students who have changed their name or gender markers and do not want that change disclosed.
How Does FERPA Apply to Transgender Students?
For transgender students, FERPA plays a vital role in ensuring their privacy and right to self-identify within their educational environment. When a transgender student requests a name change or gender marker update in their school records, FERPA protects their right to correct school records– including that the school record include the student’s correct name, and keep their former name or sex assigned at birth confidential.
Under FERPA, a student (or their parents, if the student is a minor) can request that schools update educational records to reflect the student’s correct name and gender identity. 34 C.F.R. § 99.7(a)(2)(ii). This ensures that the student’s privacy is maintained, reducing the risk of disclosure that could potentially lead to discrimination, harassment, or emotional harm.
Why is it important for schools to make these changes?
When schools refuse to update a transgender student’s name and gender marker on records, it can cause serious issues for their privacy and safety. By not making these changes, schools might unintentionally “out” a student to others who see their records. This can lead to discrimination. It can also be emotionally damaging to the student, sending the harmful message that their identity isn’t valid. The U.S. Department of Education reports that transgender students are three times more likely to miss school than other students and that transgender students are more likely to feel unsafe at school.
Name Changes and Educational Records — Appeal Rights
Transgender students often seek to update their names on official school records, such as class rosters, report cards, and diplomas, to reflect their gender identity. Schools are required to respond to these requests and must take corrective action if the records are deemed inaccurate or misleading (the records are inaccurate if there has been a legal name change). If a school denies the request, FERPA provides the right to a hearing.
What Parents and Students Can Do
If you or your child wants to change a name or gender marker in school records, the first thing to do is contact the school administration and ask for the update. This letter, by Lambda Legal, is a great start to your communication with the school either before or after graduation. Make sure to submit a formal request and keep track of all the emails or conversations with the school, so you have a clear record of what has been discussed.
Title IX of the Education Amendments of 1972 bans sex discrimination in schools that receive federal funding (all public schools, and some private schools). This includes trans and gender non-conforming students. Students who believe they have faced discrimination at school based on sexual orientation or gender identity or because they do not conform with sex stereotypes may file a complaint with the Federal Office for Civil Rights.
FERPA provides important protections for all students, including transgender students, by ensuring their privacy and control over their educational records. If you or your child is navigating the process of updating a name or gender marker in school records, understanding your rights under FERPA is critical. This law helps safeguard the dignity and identity of transgender students.
This blog post is for informational purposes only. It is not legal advice and does not create an attorney-client relationship.