Date: February 5, 2026

The U.S. Department of Education has announced important actions to protect the privacy of student information and uphold the integrity of U.S. elections by examining how student voting data is collected and used by educational programs and third parties. (U.S. Department of Education)

🔍 Investigating Student Data Practices

The Department’s Student Privacy Policy Office (SPPO) has launched an investigation into Tufts University and the National Student Clearinghouse (NSC) regarding the National Study of Learning, Voting, and Engagement (NSLVE). This investigation seeks to determine whether the way student data is collected and shared violates the Family Educational Rights and Privacy Act (FERPA). (U.S. Department of Education)

Reports suggest that NSLVE may have involved sharing personally identifying student information not only with participating universities and the NSC but also with external organizations that might use the data in ways that could influence elections. (U.S. Department of Education)

📚 What’s Being Investigated?

SPPO’s review will focus on:

• What student data is being collected through NSLVE
• Who the data is shared with
• Whether students gave proper consent for the use and sharing of their information
• Compliance with FERPA requirements for protecting educational records and privacy. (U.S. Department of Education)

FERPA is a federal law designed to protect the privacy of student education records. It limits how schools and third parties can share student data and requires clear consent from students before sharing non-directory information. (U.S. Department of Education)

📌 New Guidance for Colleges and Universities

In addition to the investigation, the Department has issued updated guidance to clarify FERPA compliance requirements for higher education institutions. This new guidance rescinds earlier policies that encouraged participation in NSLVE and warns that institutions using NSLVE data risk violating federal privacy laws. (U.S. Department of Education)

Institutions are now advised to:

• Ensure they only collect and share student data with informed consent
• Carefully safeguard student privacy
• Fully understand their responsibilities under FERPA. (U.S. Department of Education)

🗣 Statement from the Secretary of Education

U.S. Secretary of Education Linda McMahon emphasized the importance of protecting student privacy and focusing on core educational missions: “American colleges and universities should be focused on teaching, learning, and research — not influencing elections.” (U.S. Department of Education)

📌 Why This Matters

Violations of FERPA can have serious consequences, including the potential loss of federal funding for institutions that fail to protect student data properly. (U.S. Department of Education)