11. Department of Education · Notable
Rescind the 'nonbinary' category in the Civil Rights Data Collection
Printed page 332 11. Department of Education
“The new Administration must quickly move to rescind these changes, which add a new “nonbinary” sex category to OCR'S data collection and issue a new CRDC that will collect data directly relevant to OCR's statutory enforcement authority.”
What has happened
- Done
OMB concluded the review, approving the revised collection with change (ICR 202507-1870-001). The nonbinary sex category and the gender identity data elements are out of the CRDC and a new collection is approved in their place, which is both halves of what the Quote asks for.
- Attempted
ED's Office for Civil Rights submitted a revised Mandatory Civil Rights Data Collection to OMB for the 2025-26 and 2027-28 collections. Supporting Statement A explains the change: to align with the 2020 Title IX Rule and Executive Order 14168, OCR proposes "the retirement of the nonbinary category and the gender identity category from the CRDC", listing the affected data elements and striking the definitions of "nonbinary" and of harassment or bullying on the basis of gender identity.
Research log
What was searched, and what didn’t count as evidence
Research notes
- The reginfo.gov review record and the Supporting Statement are the Primary sources here; the Federal Register notice of 2025-08-07 announces the submission but not what changed, and its abstract says only that the Department is “proposing a revision of a currently approved information collection request”. A researcher reading the notice alone would record a false negative.
- Action
- rescind
- Object
- OCR Mandatory Civil Rights Data Collection (CRDC) revisions
- ID
- 831