US Department of Education launches FERPA probe into Tufts University, National Student Clearinghouse over student voting data

The U.S. Department of Education has launched an investigation into Tufts University and the National Student Clearinghouse (NSC) over possible violations of student privacy laws. The inquiry focuses on the National Study of Learning, Voting, and Engagement (NSLVE), a project housed at Tufts that tracks student voting data to study civic engagement.

The Department’s Student Privacy Policy Office (SPPO) said it is examining whether student data was shared without proper consent, potentially violating the Family Educational Rights and Privacy Act (FERPA). The probe follows reports alleging that student information may have been shared with third parties, including political groups, raising concerns about privacy and election-related activities.

What the investigation is about

The Student Privacy Policy Office (SPPO) is reviewing how student data was collected, accessed, and shared under the NSLVE programme. The Department said it has reason to believe there may be “significant FERPA compliance issues.”

According to the press release, the investigation will examine:

• What type of student data was collected
• How the data was shared
• Who received the data
• Whether proper student consent was obtained

Reports submitted to the Department allege that personally identifiable student information may have been shared not only with the National Student Clearinghouse and participating colleges, but also with political organisations aiming to influence elections.

The investigation will determine whether colleges and universities followed informed consent requirements under federal law.

Guidance issued to colleges and universities

Alongside the investigation, the Department has issued fresh guidance to all postsecondary institutions about their responsibilities under FERPA. The guidance rescinds earlier policies that encouraged institutions to participate in the NSLVE and use its data.

The Department warned that institutions using NSLVE data — which is expected to be released this year — could risk violating FERPA if they fail to meet privacy requirements.

The guidance reminds institutions that they must:

• Safeguard student education records
• Limit access to authorised officials with legitimate educational interest
• Obtain student consent before sharing non-directory personal information
• Clearly define directory information and provide students the option to opt out

What FERPA requires

FERPA is a federal student privacy law that applies to all institutions receiving U.S. Department of Education funding. It restricts the sharing of student education records without consent.

Under FERPA:

• Non-directory personal information cannot be shared without student approval
• Directory information can only be shared if institutions clearly define it and allow students to opt out
• Third parties acting on behalf of institutions must also follow the law

The Department stated that violations of FERPA can lead to serious consequences, including termination of federal funding.

U.S. Secretary of Education Linda McMahon said colleges should focus on “teaching, learning, and research – not influencing elections,” and confirmed that the investigation aims to protect student privacy and ensure compliance with federal law.
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