Information Regarding Dept. of Education Instructions on National Study of Learning, Voting, and Engagement Data Use
On February 5, 2026, the Department of Education sent a letter to all presidents of Institutions of Higher Education. The Dear Colleague Letter (DCL) instructed institutions to stop using any 2026 National Study of Learning, Voting, and Engagement (NSLVE) data until the Department completes its investigations into Tufts University and the National Student Clearinghouse (the entities that run NSLVE) to determine whether they violated FERPA by illegally sharing the reports with third parties to influence elections.
This document provides background and talking points to help colleges and universities understand and navigate this guidance. If your institution needs additional support, please reach out to Amanda Fuchs Miller of Seventh Street Strategies at amanda@seventhstreetstrategies.com. Amanda was the Deputy Assistant Secretary for Higher Education Programs at the U.S. Department of Education in the Biden-Harris Administration and authored the toolkit on “Promotion of Voter Participation for Students” that is cited in the Dear Colleague Letter.
- On February 5, 2026, the Department of Education sent a letter to all presidents of Institutions of Higher Education, telling them to stop using any 2026 National Study of Learning, Voting, and Engagement (NSLVE) data, until the Department completes its investigations into Tufts University and the National Student Clearinghouse (the entities that run NSLVE) to determine whether they violated FERPA by illegally sharing the reports with third parties to influence elections. The DCL also states that the Department of Education is looking to see if NSLVE violates FERPA in the way it discloses student data.
- NSLVE has been in place for more than a decade, and has more than 1000 colleges and universities participating. The Department of Education has never found it to be not compliant with FERPA. You can learn more about NSLVE’s compliance with FERPA in their FAQs.
- The DCL stated that the Department of Education has assessed that NSLVE is in violation of FERPA, based on "preliminary analysis", and it says the Department has "concerns” about NSLVE’s use of data. It does not state that NSLVE or the use of the NSLVE data violates any laws, including privacy laws.
- We believe that the DCL is intended to have a chilling effect and that it is another effort by the Trump Administration to curb voting of eligible college students. Colleges should work with counsel to ensure they are FERPA compliant with the data they share with the National Student Clearinghouse and with how they utilize their campus reports, and they should monitor follow up guidance from the Department of Education.
- Importantly, this DCL does not in any way suggest that institutions' civic engagement practices should be curtailed. In fact, Section 487(a)(23) of the Higher Education Act of 1965, as amended, requires institutions of higher education to send voter registration forms to students. Improving nonpartisan civics education and research is fundamental to the role of our colleges and universities, and engaging the next generation of citizens in American democracy. The Alliance for Higher Education has a non-partisan college student voter engagement resource on our website as well as many others. resources available on our website to support this work.
