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Under FERPA, an LEA must provide notice to parents of the types of student information that it releases publicly. This type of student information, commonly referred to as "directory information," includes such items as names, addresses, and telephone numbers and is information generally not considered harmful or an invasion of privacy if disclosed. The notice must include an explanation of a parent's right to request that the information not be disclosed without prior written consent. Additionally, ß 9528 requires that parents be notified that the school routinely discloses names, addresses, and telephone numbers to military recruiters upon request, subject to a parent's request not to disclose such information without written consent. A single notice provided through a mailing, student handbook, or other method that is reasonably calculated to inform parents of the above information is sufficient to satisfy the parental notification requirements of both FERPA and ß 9528. The notification must advise the parent of how to opt out of the public, nonconsensual disclosure of directory information and the method and timeline within which to do so.
Background on the No Child Left Behind Act.
NCLB text and analysis from the Resource Center for Non-Violence (http://www.rcnv.org)
Text of the "No Child Left Behind" Military Recruitment Provisions from section 9528 on pages 559 and 560 of the 670-page reauthorization of the Elementary and Secondary Education Act (ESEA), commonly known as the No Child Left Behind Act of 2001:
SEC. 9528. Armed forces recruiter access to students and student recruiting information.
(a) POLICY-
(1) ACCESS TO STUDENT RECRUITING INFORMATION- Notwithstanding section 444(a)(5)(B) of the General Education Provisions Act and except as provided in paragraph (2), each local educational agency receiving assistance under this Act shall provide, on a request made by military recruiters or an institution of higher education, access to secondary school students names, addresses, and telephone listings.
(2) CONSENT- A secondary school student or the parent of the student may request that the student's name, address, and telephone listing described in paragraph (1) not be released without prior written parental consent, and the local educational agency or private school shall notify parents of the option to make a request and shall comply with any request.
(3) SAME ACCESS TO STUDENTS- Each local educational agency receiving assistance under this Act shall provide military recruiters the same access to secondary school students as is provided generally to post secondary educational institutions or to prospective employers of those students.
(b) NOTIFICATION- The Secretary, in consultation with the Secretary of Defense, shall, not later than 120 days after the date of enactment of the No Child Left Behind Act of 2001, notify principals, school administrators, and other educators about the requirements of this section.
(c) EXCEPTION- The requirements of this section do not apply to a private secondary school that maintains a religious objection to service in the Armed Forces if the objection is verifiable through the corporate or other organizational documents or materials of that school.
Opt-Out and Opt-in Policies. From the Resource Center for Non- Violence
(http://www.rcnv.org): Overview - Opt Out & Opt In:
Most schools administer this Act using an OPT OUT procedure: It is presumed the school that student contact information will be given to recruiters unless parents take the initiative to opt out.
Notification of parents about their consent option ranges from total neglect to a form letter. If, as is often the case, a parent does not receive or respond to notification, contact information for their child will be given to recruiters...and their student will have to deal with recruiter marketing at school and at home!
If you school is using Opt Out ãOpting out must be done EVERY school year.
1) Be sure the Opt Out notice is aggressively advertised and circulated to all families. This is a school administration job, but some peace action communities are actively leafleting students and parents with Opt Out letter which parents can complete and return to school administrators.
2) Be sure the notification letter is translated into a language use by parents, and
3) written so that people can understand it.
A few schools are adopting a more proactive OPT IN procedure - information is released to recruiters ONLY when the parents Opt In by giving written permission for recruiter contact. This procedure conforms to a customary school practice of requiring written consent from parents before their children can participate in classes presenting controversial materials or before students can take off campus excursions. Most opt in resolutions also mandate that all students be given information about the realities of military service and options to military service.
