WASHINGTON, D.C. — The U.S. Department of Education on Thursday issued sweeping new guidance reaffirming constitutionally protected prayer in public schools while simultaneously opening a high-profile investigation into whether college student data was improperly shared to influence elections.
The updated guidance on prayer and religious expression in public elementary and secondary schools clarifies that students, parents, teachers, and school employees may engage in religious expression consistent with their sincerely held beliefs, provided the activity is personal, non-disruptive, and not sponsored by the school itself.
The document, required under the Elementary and Secondary Education Act to be periodically updated, replaces guidance issued in 2023 under the Biden administration, which is no longer in effect. Education officials said the update reflects recent Supreme Court rulings and reinforces long-standing First Amendment protections.
Under the guidance, public schools may not organize, endorse, or coerce religious activity, but they also may not single out religious expression for unfavorable treatment. Religious speech, the department said, must be treated the same as secular speech, including in grading assignments or recognizing student organizations.
Education Secretary Linda McMahon said the guidance is intended to protect individual freedoms while maintaining the constitutional separation between church and state in public education.
The department cited recent Supreme Court decisions, including Kennedy v. Bremerton School District and Mahmoud v. Taylor, as shaping the current legal landscape. The guidance also aligns with executive orders signed by President Donald J. Trump establishing the White House Faith Office and the Religious Liberty Commission.
The full guidance is available at https://www.ed.gov/media/document/2026-guidance-constitutionally-protected-prayer-and-religious-expression-public-elementary-and-secondary-schools-113182.pdf.
On the same day, the department’s Student Privacy Policy Office announced it has launched investigations into Tufts University and the National Student Clearinghouse over potential violations of the Family Educational Rights and Privacy Act, known as FERPA.
The probe centers on the National Study of Learning, Voting, and Engagement, a project housed at Tufts that analyzes student voting behavior. Federal officials said they have received reports alleging that student data collected through the initiative may have been shared with third parties, including political organizations, without proper consent.
Investigators are examining what data was collected, how it was shared, who received it, and whether students were adequately informed or given the opportunity to opt out, as required by federal law. FERPA restricts the disclosure of personally identifying student information and applies to any institution receiving federal education funds.
Alongside the investigation, the department issued new guidance to colleges and universities clarifying their obligations under FERPA and warning that institutions using data from the NSLVE project could face compliance risks. The guidance rescinds prior Biden-era policies that encouraged participation in the initiative.
Violations of FERPA can result in the loss of federal funding, one of the most severe penalties available to the department.
Together, the actions signal an assertive shift by the Education Department, tightening enforcement around student privacy while drawing clearer boundaries around religious expression in public schools — two areas officials say are central to protecting constitutional rights in the nation’s education system.
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