Data Foundation Comment Supporting Strong Privacy Protections for NAEP 2026

The Data Foundation today submitted public comments to the U.S. Department of Education supporting the National Assessment of Educational Progress (NAEP) 2026 data collection while urging the agency to maintain strong privacy protections for identifiable student records.

The Department of Education proposed removing Confidential Information Protection and Statistical Efficiency Act (CIPSEA) protections from NAEP 2026 due to staffing changes. CIPSEA, reauthorized in 2018 as part of the Evidence Act signed by President Trump, provides some of the world's strongest statutory protections for statistical data.

This change would create inconsistent privacy standards where historical NAEP data enjoys robust protections while new data collection relies on weaker safeguards—potentially leading to researcher challenges, increasing costs, and reducing public trust in government data collection.

Our Position

The Data Foundation supports robust education data collection with appropriate privacy protections. Effective data governance requires balancing accessibility for research and decision-making with strong confidentiality safeguards for individuals who provide information to the government.

Our comment urges the Education Department to:

• Maintain existing CIPSEA protections for NAEP 2026 to ensure consistent privacy standards
• Build staff capacity instead of weakening data protections, including working with Congress and OMB to secure adequate resources
• Meaningfully engage stakeholders including researchers, education agencies, and data users before implementing significant policy changes

Why This Matters

NAEP data informs education policy decisions at national, state, and local levels. Consistent privacy protections help ensure:

• Public trust in government data collection efforts
• Data quality by encouraging accurate responses from participants
• Research reliability for the education sector, business community, and policymakers who depend on this information
• System integrity across federal statistical programs

Rather than removing established protections, the Data Foundation encourages investment in the expertise needed to maintain robust privacy standards while supporting evidence-informed education policy. This approach aligns with the Federal Data Strategy's emphasis on building sustainable data infrastructure that serves both public accountability and innovation goals.

Related Links:

• Federal Register Notice (Comment period closes June 16, 2025)
• Download Full Comment