In compliance with the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (NCLB); and the National Defense Authorization Act, and in accordance with the Family Educational Rights and Privacy Act (FERPA), the School District shall comply with a request by a military recruiter for secondary students’ names, addresses, and telephone listings, unless a parent has “opted out” of providing such information.
Further, in compliance with the NCLB, the District shall give military recruiters the same access to secondary school students as they provide to post-secondary institutions or to prospective employers.
Under FERPA, the School District must provide notice to parents of the types of student information that it releases publicly. This type of information, commonly referred to as “directory information,” which is released by the District includes — but is not limited to — such items as students’ names, addresses, and telephone listings. The notice must include an explanation of a parent’s right to request that the information not be disclosed without prior written parental consent; and further requires that parents be notified that the School District routinely discloses students’ names, addresses, and telephone listings to military recruiters upon request, subject to a parent’s request not to disclose such information without written parental 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 the NCLB. The notification shall 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.
If a parent opts out of providing directory information (or any subset of such information) to third parties, the opt-out relating to their child’s name, address, or telephone listing applies to request for military recruiters as well. For example, if the opt-out states that telephone numbers will not be disclosed to the public, the District may not disclose telephone numbers to military recruiters.
The Superintendent/designee shall ensure that appropriate notification is provided to parents informing them of their right to opt-out of the release of designated directory information without prior written parental consent.
Elementary and Secondary Education Act of 1965
20 United States Code (U.S.C.) Section 7908
as amended by the No Child Left Behind Act of 2001
National Defense Authorization Act Section 544
10 United States Code (U.S.C.) Section 503
Family Educational Rights and Privacy Act of 1974
20 United States Code (U.S.C.) Section 1232(g)
34 Code of Federal Regulations (C.F.R.)
Education Law Section 2-a