President Donald Trump has made headlines by signing an executive order that asserts the existence of only two sexes—male and female—concluding that the federal government must operate under this principle. However, the Department of Education is still applying a broader view of gender identity by including a nonbinary option on the Free Application for Federal Student Aid (FAFSA), which sparked some confusion given the recent directive.
A screenshot shared with The Daily Signal reveals that FAFSA includes a question regarding the student's gender, offering options for male, female, nonbinary, and a choice to prefer not to answer. Although the department acknowledged the inclusion of a nonbinary option, a spokesperson mentioned that the next iteration of FAFSA will adhere to the biological classification, aligning with Trump's perspective. Madi Biedermann, the deputy assistant secretary for communications, stated that efforts are underway to ensure the 2026-2027 FAFSA represents the notion of only two sexes.
Biedermann elaborated on the impracticality of altering the current FAFSA for the 2025-2026 academic year, pointing out that it was developed under the previous administration. With over five million students already having submitted applications, implementing changes now would necessitate a lengthy process of notice and comment that could prove disruptive, especially given prior issues with the FAFSA rollout in 2024.
Despite a potentially resistant federal workforce in Washington, the Department of Education has adopted elements of Trump’s policies, eliminating diversity, equity, and inclusion (DEI) initiatives from its public documents. This shift includes disbanding the DEI council, canceling DEI training programs, and revoking an "Equity Action Plan." Furthermore, the department's Office for Civil Rights has dismissed certain complaints about "book bans," which had previously been scrutinized under the Biden administration for allegedly creating a hostile atmosphere in schools.
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