FERPA and Trans Students' Privacy 




In the Guidance from the DOE/DOJ, a section was dedicated to students' privacy.  A student's transgender status is protected information.

"Nonconsensual disclosure of personally identifiable information (PII), such as a student’s birth name or sex assigned at birth, could be harmful to or invade the privacy of transgender students and may also violate the Family Educational Rights and Privacy Act (FERPA).26 A school may maintain records with this information, but such records should be kept confidential. "

This means that a school can not out a student in any way.  The student's birth name and sex assigned at birth can not be publicly accessible. 

The implication is that schools have a responsibility to change student's emails, logins, id cards, and rosters.  

Learn more about FERPA directly from the source.

From Lambda Legal, check out this Handy Fact Sheet, and their detailed FAQ on your FERPA Rights



Our collection of Legal Resources can help when addressing issues of school policy and other barriers for LGBTQ+ youth.  Feel free to reach out to us as well for help or advice!