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The Washington Student Achievement Council (WSAC) has been asked to share our perspective on student data privacy. Many colleges, community partners, students, and families have also asked WSAC for resources to help those applying for financial aid when there are concerns about disclosing a student’s or family member’s immigration status.
All people living in Washington have the right to receive an education free from discrimination based on race, color, national origin, and immigration or citizenship status. This is central to WSAC’s work in managing state financial aid programs.
WSAC takes the privacy of personal information extremely seriously and is committed to taking all available legal measures to protect student data. Consistent with the Keep Washington Working Act, WSAC does not use “agency funds, facilities, property, equipment, or personnel to investigate, enforce, cooperate with, or assist in the investigation or enforcement of any federal registration or surveillance programs or any other laws, rules, or policies that target Washington residents solely on the basis of race, religion, immigration, or citizenship status, or national or ethnic origin.” WSAC also protects students’ personally identifiable information as required by the Family Educational Rights and Privacy Act (FERPA).
While recognizing WSAC’s commitment, as well as laws that protect student privacy, it is important for students and families to be informed about the limitations of such protections so that they can make well-informed decisions about applying for various types of student financial aid.
There are two main ways for Washington students to apply for financial aid for higher education and workforce training—the Free Application for Federal Student Aid (FAFSA) and the Washington Application for State Financial Aid (WASFA). The U.S. Department of Education provides the FAFSA, the most commonly used financial aid application. WASFA is the alternative application that WSAC provides for students who cannot or choose not to use the FAFSA. WASFA can be used to apply for the Washington College Grant, the College Bound Scholarship, and other state or institutional financial aid but cannot be used to apply for federal financial aid such as the Pell Grant.
Students and families can read the FAFSA and WASFA privacy statements to understand where their data is going and how it is used. Personal information submitted through either application is protected by the federal education privacy law (FERPA); however, the U.S. Department of Homeland Security does have the ability to obtain court orders, subpoenas, and warrants. If WSAC received a valid court order, subpoena, or warrant for FERPA-protected data, WSAC (unless prohibited from doing so) would notify students so they could seek protective action.
The opportunity to pursue an education is highly valued, and financial aid is the only way many students can afford college or training. We sympathize deeply with anyone concerned about their privacy in applying for financial aid, and we support students and families in making decisions that best fit their educational goals and risk considerations. While WSAC cannot provide guidance on what a family should do in a specific situation, we do encourage students, families, educators, and advocates to review the following resources that may provide helpful information.
State/Local Resources
- WSAC Resources for Students Who Are Immigrants
- Washington Immigrant Solidarity Network
- Northwest Immigrant Rights Project
- Keep Washington Working Act Guidance
National Resources