Education Department Rescinds Biden-Era Guidance Allowing Federal Work Study Funds for Political Activities

US Department of Education

WASHINGTON, D.C. — The U.S. Department of Education recently announced new guidance reversing a Biden-era policy that allowed Federal Work Study (FWS) funds to be used for certain partisan and nonpartisan political activities. The Department clarified that taxpayer-funded FWS programs should prioritize providing students with real-world work experience relevant to future employment, not political engagement.

The updated guidance follows a letter from sixteen Republican attorneys general asserting that the previous policy conflicted with federal law. The Department also issued clarification regarding voter registration requirements under the Higher Education Act (HEA), stating that institutions are not obligated to distribute registration forms to students they know are ineligible to vote.

“Federal Work Study is meant to provide students opportunities to gain real-world experience that prepares them to succeed in the workforce, not as a way to fund political activism on our college and university campuses,” said Under Secretary of Education Nicholas Kent. “Under President Trump and Secretary McMahon’s leadership, the American taxpayer will no longer fund poll workers, voter hotlines, or political rallies on campus. We will also not require institutions to solicit students to register to vote if they know they are ineligible.”

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Clarification on Voter Registration Requirements

The HEA requires colleges and universities to make a “good faith” effort to provide voter registration forms to students enrolled in degree or certificate programs. However, the Department’s revised interpretation emphasizes institutional flexibility, specifying that schools are not required to distribute registration forms to students they have reason to believe are ineligible to vote, such as international students.

Additionally, the Department recommends that institutions inform students about federal voting laws, including:

  • Only U.S. citizens may vote in federal elections.
  • Voting in multiple jurisdictions or states is prohibited under federal law.
  • Providing false information when registering to vote, such as residency details, is illegal.
  • In most states, individuals may only register to vote in the location where they are domiciled.
Connection to Executive Order 14248

The updated guidance was issued in response to President Trump’s Executive Order 14248, titled Protecting the Integrity of American Elections. The order directed federal agencies to strengthen safeguards against voter fraud and ensure compliance with existing election laws.

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Background on Federal Work Study Restrictions

The Federal Work Study program offers part-time jobs to students with financial need, helping them offset the costs of higher education. Under federal regulations (34 C.F.R. § 675.22(b)(5)), FWS funds cannot be used to employ students in positions involving any form of partisan or nonpartisan political activity. This includes roles such as serving as poll workers, assisting voters through hotlines, or distributing voter registration materials, regardless of whether these activities occur on or off campus.

The Department underscored that such roles are inherently political because they directly support the voting process — a core political function. The updated policy seeks to reinforce these restrictions and ensure that FWS funds are directed exclusively toward providing students with career-relevant job experience.

Implications Moving Forward

By rescinding the previous guidance, the Department is refocusing FWS resources on their original intent and reinforcing federal prohibitions on the use of taxpayer funds for political purposes. The new rules are also designed to reduce institutional liability by clarifying compliance obligations under both the HEA and federal election law.

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This marks another step in the administration’s broader effort to tighten election-related policies and ensure that federally funded programs remain separate from political activity.

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