NCLB Title IX, Section 9528;
Family Education Rights and Privacy Act (FERPA)
(20 U.S.C. § 1232g;
34 CFR Part 99) National Defense Authorization Act of 2002,
Section 544
Joint Letter from Secretary Paige and Secretary Rumsfeld, October
2, 2002
US Department of Education Policy Guidance Questions and Answers,
October 2, 2002
Note:
Section 9528 and related provisions in the National Defense
Authorization Act for Fiscal Year 2002 constitute less
than four paragraphs of the over 700-page NCLB law. However,
it has become a contentious issue in many communities and
for many parents. Many of the community debates focus on
the following aspects of the provisions raising issues
of local control, patriotism, privacy and community engagement:
• |
Lack
of community and parental knowledge about the provisions
of Section 9528, and how Section 9528 relates to prior
laws such as the Family Educational Rights and Privacy
Act along with the Policy Guidance that has been developed
by the US Department of Education; |
• |
Objections
to the strong federal mandate by citizens who believe
that policies related to military recruitment and sharing
of student information should be controlled at the
state and local level, and not through a federal law; |
• |
Debates
in many communities, both pro and con, about military
access to student information, and the role of the
public school in providing that access; |
• |
Requiring
parents to “opt-out” of having student
records disclosed to the military—that is, allowing
school districts to disclose student information to
the military unless parents provide the school with
a written request that information not be disclosed---is
much weaker than the “opt-in” provisions
of FERPA—which prohibits a school district to
disclose student directory or records information unless
a parent gives permission to do so. |
It
is possible that these or other issues related to the Section
9528
provisions of NCLB will raise questions and
concerns. Community, parent and student leaders, along with
their school officials, have a special role to play in being
aware that these “hot button” issues may exist
in their communities. Since Section 9528 is a federal mandate
that supercedes state and local policies, to the contrary,
there is little the local school district can do in the short
term but to implement the law. However, it is crucial that
parents, students and the community be educated about the
provisions of the law, and be involved in developing the
processes for implementation. This Action Brief is NOT designed
to provide legal answers to Section 9528 provisions. For
that, each local community is advised to contact legal counsel
in their state and/or local communities. But this Brief is
designed to review the major premises as raised by the Section
9528 provisions and related laws, and to provide suggestions
for community, parental and student action.
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