Family of 12-year-old trans student files complaint against Nebraska school officials

An eastern Nebraska family filed a complaint with the U.S. Department of Education Friday, claiming school officials shared their 12-year-old’s transgender status without consent.

The complaint asserts administrators at a Nebraska middle school violated the Family Rights and Educational Privacy Act (FERPA) by disclosing the transgender status of a 12-year-old student with an outside organization.

The American Civil Liberties Union of Nebraska assisted in filing the complaint.

Grant Friedman, a legal fellow with ACLU of Nebraska, says the issue affects more than transgender people.

“Yes, this is about a trans girl, but first and foremost, it is about a student’s and their family’s right to have their information protected by schools,” he said.

Friedman says transgender status falls under personal identifiable information protected under FERPA, just like a student’s date of birth or social security number.

FERPA cases are handled internally through the U.S. Department of Education’s Student Privacy Policy Office, or SPPO, which means there is almost no case law around transgender status and how it applies to FERPA.

If the SPPO finds reasonable cause to believe a FERPA violation has occurred, Friedman says school officials could be given mandatory training or, in extreme cases, the school could lose federal funding.

The SPPO has 90 days to respond to the complaint and determine whether additional information is needed before proceeding in the investigation.