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To advocate for non-binary students, we must validate their existence in school improvement data. This study examines shortfalls of current data practices by comparing demographic information from surveys that allow students to self-identify as non-binary to state-maintained data that draws from gender selections in student permanent records. Additionally, we conduct a series of t tests on 12 survey measures, including emotional safety and engagement in school, to understand how the non-binary student experiences differ from their peers. Our findings, that non-binary students report less positive schooling experiences nearly across the board, offer insight into the massive deficiency of current data collection practices. We conclude with recommendations for states amid the new Title IX ruling.