NCLB contains language pertaining to military recruitment. Most parents regard NCLB as being about high stakes testing, annual yearly progress, reading standards, and teacher qualifications. However, it is also about the military acquiring "directory" information on students attending public school for purposes of military recruitment. Although the Department of Defense and Department of Education characterize the desire to obtain this information as an opportunity "for informing young people of scholarship opportunities."[ Download Rumsfeld_Paige_on_military_recruiters_Ltr.pdf
] Obviously these claims are disingenuous, as the real purpose is simply for recruitment of more young people to enter the military.
Many school districts have adopted an "opt-out" approach to this provision. That is a parent or student can elect to opt-out but unless they do so the student’s information is subject to disclosure. The opt-out practice appears to be the norm, as in Illinois [ Download ISBE_military_recruiter.pdf]. In other states such as New Jersey, there is no guidance except to state that if NCLB funds are accepted schools must "comply with recruitment provisions." [Download New Jersey NCLB.pdf
]. Massachusetts had its guidance listed as a link under "other items" [ Download Mass NCLB_statement.pdf ], at the end of a memorandum. In my research, other major states like California, Texas, and Florida either had no guidance, or if it was there I could not readily find it.
According to the New York branch of the ACLU, military recruiters have misstated the requirements under NCLB. A letter from the ACLU sent to principals in New York warns of the following:
1. releasing information without giving parents an opportunity to object;
2. seeking information about former students when the Act does not cover such students;
3. seeking information about all high school students when the Act only covers juniors and seniors;
4. seeking email addresses and birthdates of students when the Act only covers names, addresses and telephone numbers;
5. misstating the Act prohibits an opt-in policy not an opt-out policy when the Act is silent on this point;
6. the military setting short time deadlines for compliance when the Act does not support any particular deadline.
The whole scheme of including military recruitment in an Act that is touted to improve educational outcomes is troubling, to say the least. What is even more troubling is the apparent manner in which most states have allowed opt-out as opposed to opt-in as the standard practice. The military’s apparent overreaching to gather information that is not permitted under NCLB should make parents even more vigilant in protecting their children’s privacy rights. Moreover, without clear guidance from the SEA, or any guidance, parents and schools are left to guess as to the requirements of this not very well publicized and incongruous provision of NCLB. Privacy rights are being assailed in all quarters including school; parents beware, and if it is your desire, opt-out of NCLB disclosures to the military.