FAMILY PRIVACY ACT | Frequently Asked Questions
Access to High School Students and Information on Students by Military Recruiters
Q. What are the recent changes made by Congress concerning military recruitment of high school students?
A. Congress has passed two major pieces of legislation that require schools to give military recruiters the same access to secondary school students as they provide to postsecondary institutions or to prospective employers. Schools are required to provide students' names, addresses, and telephone listings to military recruiters, when requested.
Q. Where are these statutory requirements found?
A. These requirements are contained ESEA as amended by the No Child Left Behind Act (2001) the Congressional education bill and also in the National Defense Authorization, the legislation that provides funding for the nation's armed forces .
Q. What are the requirements of ESEA?
A. Each school that receives funds under the ESEA must comply with a request by a military recruiter or an institution of higher education for secondary students' names, addresses, and telephone numbers, unless a parent has “opted out” of providing such information. (See below for additional information.)
It also requires schools to provide military recruiters the same access to secondary school students as they generally provide to postsecondary institutions or prospective employers. For example, if the school has a policy of allowing postsecondary institutions or prospective employers to come on school property to provide information to students about educational or professional opportunities, it must afford the same access to military recruiters.
Q. What notification must schools provide to parents before disclosing names, addresses, and telephone numbers of secondary students to military recruiters and officials of institutions of higher education?
A. Schools 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. Parents must 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 § 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.
Q. If a school has not provided notice relating to “directory information,” may it release a student's name, address, and telephone number when requested by a military recruiter?
A. A school may provide a single notice regarding both directory information and information disclosed to military recruiters. If school does not disclose “directory information” under FERPA, then it must still provide military recruiters access to secondary students' names, addresses, and telephone listings. Also, the school must notify parents that they may opt out of this disclosure. In other words, a school that does not disclose “directory information” must nonetheless provide a notice that it discloses information to military recruiters. The notice must be reasonably calculated to inform parents.
Q. How are the requirements under § 9528 of the ESEA enforced?
A. Schools that do not comply with § 9528 of the ESEA could jeopardize their receipt of ESEA funds.
Q. How are these requirements under 10 U.S.C. § 503 enforced?
A. A school may lose funding if it fails to comply, and if a school denies a military recruiter access to the requested information on students a senior military officer may visit the school within 120 days.
Additionally, the Department of Defense has developed a national high school data base to document recruiter access. Presently, 95 percent of the nation's 22,000 secondary schools provide a degree of access to military recruiters that is consistent with current law.
Q. Are private schools subject to the military recruiter requirements?
A. Private secondary schools that receive funds under the ESEA are subject to 10 U.S.C. § 503. 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.
Q. Where can I get more information on the requirements of 10 U.S.C. § 503?
A. The Office of the Secretary of Defense may be contacted for copies of the statute, or questions relating to it. Please contact the Accession Policy Directorate as follows:
Director, Accession Policy
4000 Defense Pentagon
Washington, DC 20301-4000
Telephone: (703) 695-5529
Q. Where can I get more information on the requirements of § 9528 of the ESEA?
A. The Family Policy Compliance Office (FPCO) in the Department of Education administers FERPA as well as § 9528 of the ESEA, as amended by the No Child Left Behind Act of 2001 . School officials with questions on this guidance, or FERPA, may contact the FPCO at FERPA@ED.Gov or write to the FPCO as follows:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-4605
Telephone: (202) 260-3887
Fax: (202) 260-9001
A model “directory information” notification for use by schools may be obtained on the FPCO's Web site.
Also Aåvailable:
Download this page as a .pdf
Send a letter to Representative Sue Kelly
Send a letter to Haldane School Administration
Send a letter to request your child's name be removed from the U.S.military recruitment database
