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NCLB: Frequently Asked Questions: Military Recruiter Access

1.What are the recent changes made by Congress
concerning military recruitment of high school

Congress has passed two major pieces of legislation that generally require districts receiving assistance under ESEA to give military recruiters the same access to secondary school students as they provide to
postsecondary institutions or to prospective
employers. Districts are also generally required to provide students' names, addresses, and telephone listings to military recruiters, when requested.

2.Where are these statutory requirements found?

These requirements are contained in section 9528 of NCLB as well as in the National Defense Authorization Act (P.L. No. 107-107).

3. Under NCLB, what notification must districts
provide to parents before disclosing names, addresses, and telephone numbers of secondary students to military recruiters and officials of institutions of higher education?

Under FERPA, districts 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 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 the information not be disclosed without prior written consent. Additionally, NCLB 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 NCLB. 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.

4. Are private schools subject to the military
recruiter requirements?

Private secondary schools that receive funds under NCLB are subject to this requirement. However, private schools that maintain a religious objection to service in the Armed Forces that is verifiable through the
corporate or other organizational documents or
materials of that school are not required to comply with this law.

5. Where can I get more information on these

School officials with questions on this guidance, or FERPA, may contact the Family Policy Compliance Office at FERPA@ED.Gov or http://www.ed.gov/offices/OM/fpco
or 202-260-3887, or write to:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-4605



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