We need your help to protect Nonbinary students in Virginia!

The Student Record Collection (SRC) is a data requirement for school districts in Virginia to report on their enrollment, classes, grades, demographics, etc. School districts submit data multiple times each school year. The data gives VDOE a picture of how the schools are doing and how students are progressing.

In the past, schools have been able to report data using M, F, X and/or Other gender markers. The NonBinary (N) option was apparently "retired" from the SRC In June 2023. In July 2023, the Other (A) option was activated, but was "retired" on May 12, 2025 (history of VDOE changes).

This change restricts acceptable responses in the Gender Code category to M and F, leaving no possible response for school districts to use for students who have legally changed their gender marker to X.

While Virginia does not allow people to change their gender marker on their birth certificate to X, Virginia does allow X on driver's licenses and ID cards issued by the Department of Motor Vehicles. Furthermore, nonbinary individuals have been able to change their gender marker to X on their US passports until recently, and current US passports with X are legally valid. The third way that students might have legally changed their gender marker to X is if they were born in another state that allows X gender markers.

This change was made quietly and appears to follow President Trump's executive orders restricting gender to male and female. These executive orders, however, do not have the force of law, and should not be used by VDOE to ignore students' legal identity documents. It can also be argued that this change, which requires school districts to look beyond students' valid and legally obtained identity documents and determine their sex assigned at birth, sets a precedent for school districts to reject all transgender students' legal name and gender changes.

We believe that state and federal action will not stop at erasure of non-binary students through data reporting requirements or exclusion of transgender athletes through discriminatory statewide high school sports policies. Each step taken by the federal government and the state threatens our students and is an affront to our values of equity and inclusion.

Please join us in sending a letter to our Virginia representatives to ensure they do everything in their power to protect our Nonbinary and Transgender youth, including contacting the VA DOE about this unlawful change and supporting VA districts in resisting both federal and state actions that direct districts to violate lawful nondiscrimination policies and federal law.