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NCLB requires public
high schools to provide student information to military recruiters; state law
requires ‘reasonable access’ to students
The South Dakota
Department of Education wants to remind public high schools and district
business offices that the provisions of the No Child Left Behind Act of
2001 (§ 9528) and the National Defense Authorization Act for Fiscal
Year 2002 (§ 544) require public high schools to provide to
military recruiters, upon request, access to secondary school students and
directory information on those students. In addition, South Dakota laws
require public secondary schools to permit military recruiters, including
those from the South Dakota National Guard, “reasonable access” to school
facilities and students, for the purpose of providing information about
military careers and benefits.
Private secondary schools
that receive funds under ESEA are subject to § 544 of the National Defense
Authorization Act. However, a private school that maintains a religious
objection to service in the Armed Forces that is verifiable through the
corporate and other organizational documents or materials of that school are
not required to comply with this law.
In accordance with the
federal law, military recruiters are entitled to receive the names,
addresses, and telephone listings of juniors and seniors in public
high schools. Providing this information IS consistent with the provisions of
the Family Education Rights and Privacy Act (FERPA), which protects the
privacy of student education records. The student directory information
provided to military recruiters will be used specifically for armed services
recruiting purposes and for informing young people of scholarship
opportunities. For some students, this may offer the best opportunity they
have to get a college education.
It is important to note
that under the federal law a parent or a secondary
school student may “opt out” of allowing the school to provide
information about the student to military recruiters. Establishing a
procedure whereby the parental or student
request to “opt out” is made in writing and is kept on file in the student’s
permanent records is appropriate. The law does NOT give the school as option
to require parents or students to “opt
in”—i.e. to provide written consent before information is released to
military recruiters. It is also appropriate for the school to establish a
standard procedure whereby the recruiter’s request for the information is
submitted in writing on official letterhead.
Federal guidance suggests
that the LEA’s standard FERPA notice to parents of the types of student
information that it releases publicly (commonly referred to as “directory
information”) be modified to include a notice to parents that the school
routinely discloses names, addresses and telephone numbers to military
recruiters. It should also advise the parents of how to “opt out” of the
public nonconsensual disclosure of directory information and the method and
timelines within which to do so. This will comply with the notification
requirements of both FERPA and NCLB in a single notice. A model “directory
information” notification for use by LEAs that incorporates the changes in
federal law is available at the federal website shown below.
The US Department of
Education indicates that it has a number of options to monitor states and
ensure compliance, including the ability to withhold payments, issue cases and
desist orders, and recover funds.
According to a joint
letter from Secretary Rod Paige and Secretary Donald H. Rumsfeld, Congress’s
action was taken in recognition of the fact that for more than 25 years, the
Armed Forces of our Nation have been staffed entirely by volunteers. The
All-Volunteer Force has come to represent American resolved to defend freedom
and protect liberty around the world. Sustaining that heritage requires the
active support of public institutions in presenting military opportunities to
our young people for their consideration.
The federal guidance
regarding release of student information to military recruiters is available
at http://www.ed.gov/offices/OII/fpco/hot_topics/ht_10-09-02.html . A model
parental notification letter is also available at this site.
SDCL 13-1-45 and 13-1-46, the state laws regarding access to facilities and students by military
recruiters, can be found at
http://legis.state.sd.us/statutes/index.cfm . |
