SEC. 8025.
ARMED FORCES RECRUITER ACCESS TO STUDENT AND STUDENT RECRUITING INFORMATION
Section Summary
ESSA
SEC. 8025. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT
RECRUITING INFORMATION.
Section 8528, <<NOTE: 20 USC 7908.>> as redesignated by section 8001
of this Act, is amended by striking subsections (a) through (d) and
inserting the following:
``(a) Policy.--
``(1) Access to student recruiting information.--
Notwithstanding section 444(a)(5)(B) of the General Education
Provisions Act (20 U.S.C. 1232g(a)(5)(B)), each local
educational agency receiving assistance under this Act shall
provide, upon a request made by a military recruiter or an
institution of higher education, access to the name, address,
and telephone listing of each secondary school student served by
the local educational agency, unless the parent of such student
has submitted the prior consent request under paragraph (2).
``(2) Consent.--
[[Page 129 STAT. 2115]]
``(A) Opt-out process.--A parent of a secondary
school student may submit a written request, to the
local educational agency, that the student's name,
address, and telephone listing not be released for
purposes of paragraph (1) without prior written consent
of the parent. Upon receiving such request, the local
educational agency may not release the student's name,
address, and telephone listing for such purposes without
the prior written consent of the parent.
``(B) Notification of opt-out process.--Each local
educational agency shall notify the parents of the
students served by the agency of the option to make a
request described in subparagraph (A).
``(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 to institutions of higher education or to
prospective employers of those students.
``(4) Rule of construction prohibiting opt-in processes.--
Nothing in this subsection shall be construed to allow a local
educational agency to withhold access to a student's name,
address, and telephone listing from a military recruiter or
institution of higher education by implementing an opt-in
process or any other process other than the written consent
request process under paragraph (2)(A).
``(5) Parental consent.--For purposes of this subsection,
whenever a student has attained 18 years of age, the permission
or consent required of and the rights accorded to the parents of
the student shall only be required of and accorded to the
student.
``(b) Notification.--The Secretary, in consultation with the
Secretary of Defense, shall, not later than 120 days after the date of
the enactment of the Every Student Succeeds Act, notify school leaders,
school administrators, and other educators about the requirements of
this section.
``(c) Exception.--The requirements of this section do not apply to a
private secondary school that maintains a religious objection to service
in the Armed Forces if the objection is verifiable through the corporate
or other organizational documents or materials of that school.''.
NCLB Text
``SEC. 9528. <<NOTE: 20 USC 7908.>> 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.
``(b) <<NOTE: Deadline.>> Notification.--The Secretary, in
consultation with the Secretary of Defense, shall, not later than 120
days after the date of enactment of the No Child Left Behind Act of
2001, notify principals, school administrators, and other educators
about the requirements of this section.
``(c) Exception.--The requirements of this section do not apply to a
private secondary school that maintains a religious objection
[[Page 115 STAT. 1984]]
to service in the Armed Forces if the objection is verifiable through
the corporate or other organizational documents or materials of that
school.
``(d) Special Rule.--A local educational agency prohibited by
Connecticut State law (either explicitly by statute or through statutory
interpretation by the State Supreme Court or State Attorney General)
from providing military recruiters with information or access as
required by this section shall have until May 31, 2002, to comply with
that requirement.
