Recruiting Victims: For the Ones Left Behind

The No Child Left Behind Act was passed on May 23, 2001 by the House of Representatives. It was a bipartisan bill where the majority of both the Democratic and Republican parties agreed to it. This bill is considered a remake of the 1965 Elementary and Secondary Education Act. It requires elementary and secondary schools to increase student testing in order to increase accountability of schools and level of educational performance of all students, especially minorities and students from low income families.

George W. Bush’s blue print of the No Child Left Behind Act, states that this bill will increase accountability for student performance, focus on what works, reduce bureaucracy and increase flexibility, and empower parents bur never mentions allowing military recruiters complete access to student files.

Section 9528 of the No Child Left Behind Act states that secondary schools receiving federal funds are required to provide military recruiters with the same access to student information as is provided to colleges/universities and employers.

SEC. 9528. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT RECRUITING INFORMATION.

(a) POLICY-

(1) ACCESS TO STUDENT RECRUITING INFORMATION- Notwithstanding section 444(a)(5)(B) of the General Education Provisions Act and except as provided in paragraph (2), each local educational agency receiving assistance under this Act shall provide, on a request made by military recruiters or an institution of higher education, access to secondary school students names, addresses, and telephone listings.

(2) CONSENT- A secondary school student or the parent of the student may request that the student's name, address, and telephone listing described in paragraph (1) not be released without prior written parental consent, and the local educational agency or private school shall notify parents of the option to make a request and shall comply with any request.

(3) SAME ACCESS TO STUDENTS- Each local educational agency receiving assistance under this Act shall provide military recruiters the same access to secondary school students as is provided generally to post secondary educational institutions or to prospective employers of those students.

This means that a student’s personal information such as contact information for example their address and phone numbers, and social security numbers are being given to military recruiters at their requests. The only way students can appeal against military recruiters obtaining their information is through filling out an opt-out form and having their parents consent. Schools are required to provide students and parents with this option and provide the opt-out form which can also be found on http://www.militaryfreezone.org/opt_out.pdf.

There is a lot of controversy going on with the idea of allowing military recruiters the right to access student files. One of the main arguments is that it goes against the Family Educational Rights and Privacy Act which forbids a school district the right to release student information without parental permission.

Family Educational Rights and Privacy Act (FERPA)

Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

School officials with legitimate educational interest;
Other schools to which a student is transferring;
Specified officials for audit or evaluation purposes;
Appropriate parties in connection with financial aid to a student;
Organizations conducting certain studies for or on behalf of the school;
Accrediting organizations;
To comply with a judicial order or lawfully issued subpoena;
Appropriate officials in cases of health and safety emergencies; and
State and local authorities, within a juvenile justice system, pursuant to specific State law.

Generally this form of “opt-in” is considered the more favorable option as opposed to the “opt-out” form because it gives students more privacy and allows them and their parents more control over who can view the information rather than over who cannot.

Sources:

Info:

http://www.whitehouse.gov/news/reports/no-child-left-behind.html
George W. Bush blueprint of the No Child Left Behind Act
http://clerk.house.gov/evs/2001/roll145.xml
Final vote for the No Child Left Behind Act
SEC. 9528. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT RECRUITING INFORMATION
Section 9528 of the No child Left Behind Act
http://www.militaryfreezone.org/opt_out.pdf
Opt-out form
http://www.publiceducation.org/portals/nclb/military/military_home.asp
Issues with the No Child Left Behind Act
http://www.publiceducation.org/portals/nclb/military/provisions.asp
The No Child Left behind Act and the Family Educational Rights and Privacy Act