Measuring Sex and Gender 

Identity in Department of 

Education Information 

Collections

JB Simpson, Deputy Chief Data Officer

U.S. Department of Education
This presentation is intended to promote ideas. 

The views expressed are part of ongoing deliberations and do not

necessarily reflect the position of the U.S. Department of Education.

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Overview

1. Scope and Background

2. ED Information Collections

3. Working Group Formation, Process, Inputs, and Results

4. Looking Ahead

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Scope and Background

• The U.S. Department of Education (ED) has over 50 information collections that 

ask questions about sex or gender. 

• Some of these information collections are surveys conducted by the National 

Center for Education Statistics. However, the majority of the collections are 

administrative forms, which will be the focus of this presentation.

• Until recently, most forms had the binary response options of male or female. As 

ED has received input from the public, changes have been made to some of these 

information collection instruments. 

• Identifying a need to coordinate among different offices, the Department’s Data 

Governance Board initiated the formation of a working group to evaluate ED’s 

information collections and make recommendations.

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ED Information Collection: FAFSA

• The FAFSA Simplification Act passed in 

2021 required that ED add additional 

demographic questions to the FAFSA.

• The 2023-2024 FAFSA that launched on 

October 1, 2022 now has these questions 

at the end of the form.

• Changes may be made to the questions for 

the 2024-2025 FAFSA.

• The data is being stored in a separate 

system and will not be shared with schools. 

5 FAFSA Demographic Questions
ED Information Collection: CRDC

• The Civil Rights Data Collection (CRDC) 

for 2021-22 plans to update the question 

on sex.

• The question will be revised from male 

and female to include a third category of 

nonbinary. 

• During the public comment period for 

the proposed change, ED received 152 

comments on this topic, with 136 of 

them expressing support.

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CRDC Website 
Working Group Formation

Purpose

• Discuss the potential of a consistent 

approach while carefully considering 

inclusivity, privacy, utility, clarity, and 

interoperability

Intended Outcomes 

• A shared understanding of terms, goals, 

and the current state of the ED’s 

information collections

• The identification of the pros and cons, as 

well as expected costs and benefits, of 

potential changes

• The development of guidelines that could 

would be broadly applicable

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A working group focused on how ED measures sex and gender in information collections was 

initiated by ED’s Data Governance Board and formed with representation from each office.
Working Group Process

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Convened subject 

matter experts and 

interested parties

Inventoried all 

information collections 

with questions on sex or 

gender

Reviewed terminology, 

research, public 

comments, drivers, and 

recent changes 

(e.g. FAFSA and CRDC)

Drafted 

guidelines
Working Group Inputs

In addition to public comments and our own 

internal subject matter experts, the following 

were important inputs for the working group:

1. FCSM Measuring SOGI Research Group

2. State Department Research on X Gender Marker 

Definitions

3. National Academies report on Measuring Sex, 

Gender Identity, and Sexual Orientation

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Working Group Results

The group is reviewing and revising draft guidelines that summarize what we have learned and our 

areas of agreement. For example:

 Questions about sex and gender should only be asked if legally required or if there are clear plans 

to use the data. 

 Sex and gender identity are not interchangeable terms. Sex is biological and is assigned at birth. 

Gender identity is how a person identifies themselves. Questions should be clear about whether 

they are asking about sex or gender identity.

 Questions about gender identity should not be binary. Questions about gender identity should have 

at least one third option such as “another gender identity” or “nonbinary.” Being nonbinary means 

identifying as a gender other than exclusively male or female. 

 It should be clear to respondents how the data on gender identity will be used and protected.

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Looking Ahead

• Potential approval and implementation of internal guidelines

• Public comment process 

• Testing

• Interagency Working Group on SOGI Data required by 

Executive Order 14075

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Thank You