Education Department Alleges Privacy Violations in Use of Student Voting Data
The Student Privacy and Policy Office (SPPO) at the Department of Education issued guidance to institutions advising them to refrain from using any data or information derived from the National Study of Learning, Voting, and Engagement (NSLVE) pending its investigation of potential Family Educational Rights and Privacy Act (FERPA) violations.
On the same day the guidance was issued, the Department also launched an investigation of Tufts University, which houses NSLVE, and the National Student Clearinghouse, which collaborates with NSLVE to produce the data used in the study. The Department indicated that it is concerned that there are “…compliance issues regarding what data is being collected, how the data is shared, who it is shared with, and whether proper consent was obtained by students.”
The guidance rescinds all guidance and policies issued by the Biden Administration that encouraged institutions to participate in NSLVE and/or to use the data from the study to “target certain student populations.” The document also reminds institutions that the Department has at its disposal several enforcement options when an institution is not in voluntary compliance with FERPA, including withholding or recovering federal funds or issuing an order to cease and desist the activity resulting in a violation.
NSLVE has compiled data for even-year election cycles beginning in 2016, and includes information on more than 10 million students. The full national report on the 2024 election cycle was expected to be released “in early 2026.” According to NSLVE, more than 1,000 institutions participate in the study.
At this time, it is unclear if the new guidance will affect institutions’ ability to comply with the provisions of the Higher Education Act that require institutions to facilitate voter registration among their student populations.
For more information, please contact:
Suzanne Vieth