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Under § 9528 of the ESEA, what notification must LEAs 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, 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, § 9528 requires that parents be notified that the school routinely discloses names, addre

What are the requirements of § 9528 of the ESEA?

Each LEA 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.)

What is the effective date for these military recruiter access requirements?

While there are differences in the effective date provisions for 10 U.S.C. § 503 and  § 9528 of the ESEA, both provisions apply to all LEAs receiving ESEA funds by not later than  July 1, 2002.

Where are these statutory requirements found?

These requirements are contained in § 9528 of the ESEA (20 U.S.C. § 7908), as amended by the No Child Left Behind Act of 2001 (P.L. No. 107-110), the education bill Congress recently passed. 

These requirements are also contained in 10 U.S.C. § 503, as amended by § 544 of the National Defense Authorization Act for Fiscal Year 2002 (P.L. No. 107-107), the legislation that provides funding for the nation’s armed forces in fiscal year 2002.

What are the recent changes made by Congress concerning military recruitment of high school students?

Congress has passed two major pieces of legislation that generally require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) [1] to give military recruiters the same access to secondary school students as they provide to postsecondary institutions or to prospective employers.  LEAs are also generally required to provide students’ names, addresses, and telephone listings to military recruiters, when requested.


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