MILITARY RECRUITERS' ACCESS TO SECONDARY SCHOOL STUDENTS AND INFORMATION ON STUDENTS
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 the student or his/her parent/guardian has "opted out" of providing such information.
Further, in compliance with the NCLB, the District shall give military recruiters the same access and no additional access to secondary school students as they provide to postsecondary institutions or to prospective employers. The Superintendent will develop regulations which define access, and monitor the frequency of access, by military recruiters, postsecondary institutions, and prospective employers.
Under FERPA, the School District must provide notice to parents and students 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 parent and student rights to request that the information not be disclosed without prior written consent; and further requires that parents and students be notified that the School District routinely discloses students' names, addresses, and telephone listings to military recruiters upon request, subject to a parent or student 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 and students of the above information is sufficient to satisfy the notification requirements of both FERPA and the NCLB. The notification shall advise the parent and student 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 or student opts out of providing directory information (or any subset of such information) to third parties, the opt-out request must apply to 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 and students informing them of their right to opt-out of the release of designated directory information without prior written consent.
Elementary and Secondary Education Act of 1965,
20 United States Code (USC) Section 7908
as amended by the No Child Left Behind Act of 2001
National Defense Authorization Act Section 544
10 United States Code (USC) Section 503 Family Educational Rights and Privacy Act of 1974
20 United States Code (USC) Section 1232(g) 34 Code of Federal Regulations (CFR) Section 300.571
Education Law Section 2-a
8 New York Code of Rules and Regulations
(NYCRR) Section 3.33