The U.S. Department of Education (ED) has issued new guidance warning colleges and universities against using data from a long-running national study on student voting, signaling a potential shift in how the federal government approaches campus civic engagement efforts.
In a letter sent Thursday, to presidents of institutions of higher education, the Department’s Student Privacy Policy Office (SPPO) advised schools to refrain from using data from the National Study of Learning, Voting, and Engagement (NSLVE) until federal investigations into Tufts University and the National Student Clearinghouse are completed. The office cautioned that institutions relying on NSLVE data released in 2026 “could be at risk of being found in violation of FERPA,” the federal law governing student education records.
NSLVE, launched in response to a 2012 Obama administration call to action on civic learning, has for more than a decade provided colleges with aggregated analyses of student voter registration and turnout. The study draws on enrollment data supplied by institutions through the National Student Clearinghouse and matches it with public voting records to assess participation trends. According to SPPO, however, recent inquiries have raised concerns about whether that data-sharing framework complies with FERPA’s strict consent requirements.
FERPA generally prohibits institutions from disclosing personally identifiable information from education records without student consent, unless a narrow exception applies. In its letter, SPPO questioned NSLVE’s reliance on the law’s “studies exception,” which allows limited disclosures for purposes such as administering student aid or improving instruction. “Based on our preliminary analysis, it appears that the NSLVE does not comply with the requirements of the studies exception under FERPA,” the office wrote.
The department also took issue with NSLVE’s practice of combining directory information with non-directory data, including race, sex, enrollment status, and academic program. SPPO stated that this type of data matching “creates records that cannot be disclosed without students’ consent and is where FERPA concerns are at their zenith.”
The guidance coincides with a broader enforcement action announced the same day. According to Democracy Docket, ED has opened a formal investigation into Tufts University and the National Student Clearinghouse and rescinded prior federal guidance that encouraged institutions to participate in NSLVE. Education Secretary Linda McMahon framed the move as a corrective to past policy, stating, “American colleges and universities should be focused on teaching, learning, and research — not influencing elections.”
McMahon further accused the Biden administration of encouraging improper data use, saying it “openly encouraged institutions to share and utilize student data in order to target certain populations.”
The department has warned that FERPA violations can carry significant consequences. In its letter, SPPO noted that enforcement options include “withholding further payments, issuing a cease-and-desist order, and recovering funds.” ED’s press materials similarly emphasized that violations “can result in termination of an educational entity’s Federal funding from the Department.”
Higher education groups and voting advocates have cautioned that the guidance could have an immediate chilling effect on campus voter engagement initiatives, which are often voluntary and resource-dependent. NSLVE has been widely used to identify participation gaps among first-time voters and historically underrepresented student populations, without tracking individual vote choice.
While the department maintains that its actions are aimed at protecting student privacy, the directive arrives amid heightened political scrutiny of higher education and election-related activity. Whether institutions will pause participation in NSLVE—or challenge the department’s interpretation of FERPA—may shape the future of student civic engagement efforts nationwide.
