NCLB Section 9528, US Department of Education Policy Guidance* and National Defense Authorization Act for Fiscal Year 2002: • Allows military recruiters access to secondary school students names, addresses, and telephone listings (Section 9528) • Gives the students or parents the right to request that this information not be released to military recruiters without prior written parental consent (Section 9528) • Requires that the local education agency or private school shall notify parents of their option to make this request (Section 9528) • The notification must advise the parent on how to opt out, including a timeline in which to do so (Policy Guidance) • Parents must be notified of this option through a letter, within a student handbook, or by any means that is “reasonably calculated” enough to inform them (Policy Guidance) • The local education agency or private school shall comply with any request (Section 9528) • The same information that is generally provided to post secondary educational institutions or to prospective employers can be shared with military recruiters, and must be if the LEA is receiving any assistance under the NCLB Act (Section 9528) • Schools that do not comply with Section 9528 of the NCLB Act could jeopardize their receipt of the NCLB Act funds. In addition, a provision in the National Defense Authorization Act for Fiscal Year 2002 requires a senior military officer to visit the school district within 120 days of the denial of recruiter access. If the problem is not resolved, the US Department of Defense then notifies the Governor of the district’s state. Unresolved problems over one year old are reported to Congress. (Policy Guidance and National Defense Authorization Act for Fiscal Year 2002) • Schools that maintain a verifiable religious objection to service in the Armed Forces are an exception to the Section 9528 requirements (Section 9528) *Policy Guidance is not binding and does not have the force of law     FERPA • Requires that a school district obtain written parental consent before releasing “personally identifiable information” from a child’s education records • Designated “directory information” however, may be released without written consent, unless the parent has followed the correct District procedures asking that this information be kept private • If a parent does not want a school district to release their child’s directory information, the parent must notify the District in writing by a designated deadline • Requires a school district to notify the parent or eligible student (age 18+) when a record request has been made • Gives parents and eligible students the right to inspect and review the student’s education records within 45 days of the date the school receives a request for access and the right to request changes be made to any information they consider inaccurate or misleading • Gives parents and eligible students the right to file a complaint with the U.S. Department of Education regarding any alleged failures by the school in order to fulfill the FERPA requirements:   Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-4605