POLICY LETTER: July 2, 2003 to Chief State School Officers

(LEAs) may have policies regarding the release of student information to military recruiters that are contrary to the law. The Family Policy Compliance Office (FPCO) within the Department of Education is responsible for ensuring that the military recruiter provisions of the No Child Left Behind Act of 2001 are carried out in accordance with the intent of the statute and looks forward to working with you. As you know, Congress has passed two statutes that require LEAs receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to afford military recruiters the same access to secondary school students as they provide to postsecondary institutions or to prospective employers. These laws also generally require LEAs to provide secondary school students' names, addresses, and telephone listings to military recruiters, when requested. In October 2002, Secretary Rod Paige and Secretary Donald Rumsfeld jointly issued guidance to our Nation's schools. Enclosed is a copy of that guidance. It is also available on FPCO's Web site at . Our guidance assists schools as they inform parents about the new requirements. It is important to note that under the statutes parents may opt out of allowing schools to provide information about their children to military recruiters. Some LEAs may be confused by the application of 10 U.S.C. 503, which allows LEAs, by majority vote of the LEA governing body, to have a policy that denies military recruiters access to students or directory information about those students. However, the subsequently enacted No Child Left Behind Act of 2001 does not include such an exception. Therefore, while a school board enacting such a policy would be exempt from the intervention provisions of 10 U.S.C. 503, the LEA could still be subject to potential Department of Education enforcement actions. The No Child Left Behind Act of 2001 makes it clear that, even if an LEA does not have a policy of disclosing directory information under the Family Educational Rights and Privacy Act (FERPA), the LEA must still comply with a request from a military recruiter for names, addresses, and telephone listings of students.A second apparent area of confusion for LEAs has involved the opt out provision of the law. Our Departments have received copies of school district letters and newspaper accounts of someLEA actions that misapplied the law by conditioning the disclosure of student information to military recruiters upon first receiving a parent's written consent essentially establishing an opt-in notificFamily Policy Compliance OfficeU.S. Department of Education400 Maryland Avenue, SWWashington, DC 20202-4605(202) 260-3887.We appreciate your attention to this important matter.Sincerely,/s/William D. HansenDeputy Secretary of Education/s/David S. C. ChuUnder Secretary of Defense(Personnel and Readiness)Enclosures 9528 of the Elementary and Secondary Education Act (20 U.S.C. 7908), as amended by the No Child Left Behind Act of 2001 (P.L. No. 107-110); 10 U.S.C. 503, as amended by 544 of the National Defense Authorization Act for Fiscal Year 2002 (P.L. No. 107-107). 10 U.S.C. 503(c)(5)(A). (LEAs) may have policies regarding the release of student information to military recruiters that are contrary to the law. The Family Policy Compliance Office (FPCO) within the Department of Education is responsible for ensuring that the military recruiter provisions of the No Child Left Behind Act of 2001 are carried out in accordance with the intent of the statute and looks forward to working with you. As you know, Congress has passed two statutes that require LEAs receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to afford military recruiters the same access to secondary school students as they provide to postsecondary institutions or to prospective employers. These laws also generally require LEAs to provide secondary school students' names, addresses, and telephone listings to military recruiters, when requested. In October 2002, Secretary Rod Paige and Secretary Donald Rumsfeld jointly issued guidance to our Nation's schools. Enclosed is a copy of that guidance. It is also available on FPCO's Web site at . Our guidance assists schools as they inform parents about the new requirements. It is important to note that under the statutes parents may opt out of allowing schools to provide information about their children to military recruiters. Some LEAs may be confused by the application of 10 U.S.C. 503, which allows LEAs, by majority vote of the LEA governing body, to have a policy that denies military recruiters access to students or directory information about those students. However, the subsequently enacted No Child Left Behind Act of 2001 does not include such an exception. Therefore, while a school board enacting such a policy would be exempt from the intervention provisions of 10 U.S.C. 503, the LEA could still be subject to potential Department of Education enforcement actions. The No Child Left Behind Act of 2001 makes it clear that, even if an LEA does not have a policy of disclosing directory information under the Family Educational Rights and Privacy Act (FERPA), the LEA must still comply with a request from a military recruiter for names, addresses, and telephone listings of students.A second apparent area of confusion for LEAs has involved the opt out provision of the law. Our Departments have received copies of school district letters and newspaper accounts of someLEA actions that misapplied the law by conditioning the disclosure of student information to military recruiters upon first receiving a parent's written consent essentially establishing an opt-in notificFamily Policy Compliance OfficeU.S. Department of Education400 Maryland Avenue, SWWashington, DC 20202-4605(202) 260-3887.We appreciate your attention to this important matter.Sincerely,/s/William D. HansenDeputy Secretary of Education/s/David S. C. ChuUnder Secretary of Defense(Personnel and Readiness)Enclosures 9528 of the Elementary and Secondary Education Act (20 U.S.C. 7908), as amended by the No Child Left Behind Act of 2001 (P.L. No. 107-110); 10 U.S.C. 503, as amended by 544 of the National Defense Authorization Act for Fiscal Year 2002 (P.L. No. 107-107). 10 U.S.C. 503(c)(5)(A). (LEAs) may have policies regarding the release of student information to military recruiters that are contrary to the law. The Family Policy Compliance Office (FPCO) within the Department of Education is responsible for ensuring that the military recruiter provisions of the No Child Left Behind Act of 2001 are carried out in accordance with the intent of the statute and looks forward to working with you. As you know, Congress has passed two statutes that require LEAs receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to afford military recruiters the same access to secondary school students as they provide to postsecondary institutions or to prospective employers. These laws also generally require LEAs to provide secondary school students' names, addresses, and telephone listings to military recruiters, when requested. In October 2002, Secretary Rod Paige and Secretary Donald Rumsfeld jointly issued guidance to our Nation's schools. Enclosed is a copy of that guidance. It is also available on FPCO's Web site at . Our guidance assists schools as they inform parents about the new requirements. It is important to note that under the statutes parents may opt out of allowing schools to provide information about their children to military recruiters. Some LEAs may be confused by the application of 10 U.S.C. 503, which allows LEAs, by majority vote of the LEA governing body, to have a policy that denies military recruiters access to students or directory information about those students. However, the subsequently enacted No Child Left Behind Act of 2001 does not include such an exception. Therefore, while a school board enacting such a policy would be exempt from the intervention provisions of 10 U.S.C. 503, the LEA could still be subject to potential Department of Education enforcement actions. The No Child Left Behind Act of 2001 makes it clear that, even if an LEA does not have a policy of disclosing directory information under the Family Educational Rights and Privacy Act (FERPA), the LEA must still comply with a request from a military recruiter for names, addresses, and telephone listings of students.A second apparent area of confusion for LEAs has involved the opt out provision of the law. Our Departments have received copies of school district letters and newspaper accounts of someLEA actions that misapplied the law by conditioning the disclosure of student information to military recruiters upon first receiving a parent's written consent essentially establishing an opt-in notificFamily Policy Compliance OfficeU.S. Department of Education400 Maryland Avenue, SWWashington, DC 20202-4605(202) 260-3887.We appreciate your attention to this important matter.Sincerely,/s/William D. HansenDeputy Secretary of Education/s/David S. C. ChuUnder Secretary of Defense(Personnel and Readiness)Enclosures 9528 of the Elementary and Secondary Education Act (20 U.S.C. 7908), as amended by the No Child Left Behind Act of 2001 (P.L. No. 107-110); 10 U.S.C. 503, as amended by 544 of the National Defense Authorization Act for Fiscal Year 2002 (P.L. No. 107-107). 10 U.S.C. 503(c)(5)(A).