Item 7.01 of Form 8-K in satisfaction of the public disclosure requirements of Regulation FD and Item 2.02 of Form 8-K, insofar as they disclose historical information regarding the Company’s results of operations or financial condition for the three months ended September 30, 2009.

In accordance with General Instructions B.2 and B.6 of Form 8-K, the information included in this Current Report on Form 8-K (including Exhibits 99.1 and 99.2 hereto), shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference into any filing made by the Company under the Exchange Act or Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such a filing.

Item 7.01.  Regulation FD Disclosure.

The disclosure contained in Item 2.02 is incorporated herein by reference.
 
Item 9.01.  Financial Statements and Exhibits.

(d)  Exhibits.  The following exhibits are being furnished herewith to this Current Report on Form 8-K.

 
Exhibit No.
 
Description
 
 
99.1
 
Press Release dated October 21, 2009
 
 
99.2
 
Third Quarter 2009 Supplemental Financial Report
 

 
SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 
      EDUCATION REALTY TRUST, INC.
 
     
     
Date: October 21, 2009
By:
 /s/ Randall H. Brown
 
   
Randall H. Brown
Executive Vice President,
Chief Financial Officer,
Treasurer and Secretary
 

 
INDEX TO EXHIBITS

 
Exhibit No.
 
Description
 
 
99.1
 
Press Release dated October 21, 2009
 
 
99.2
 
Third Quarter 2009 Supplemental Financial Report