Opt Out
by Rohert Heberle
sent 11-12-04, Sun Focus

To the Editor,

I am encouraged that the principal of St. Anthony High School, Tom Keith, will present an action plan to the board of St. Anthony/New Brighton School District 282. This action plan will inform parents and students next fall of the "Opt out" provision as required in the "No Child Left Behind Act of 2001." I trust that the board will implement this required provision after what appears to be a three-year delay.

I am sure that many of the 11th and 12th grade students and their parents will be pleased to learn that they can have their students’ names, telephone numbers and addresses removed from the military recruiters’ lists simply by submitting an "Opt Out" form to the school district.

Mr. Keith returned my call November 9 to report that, prior to the 2005-06 school year, the administration would present to the board its plan on how it will comply with "Opt out" section. I would hope that the board would act quickly to conform with the 2001 law that states, "A secondary institution shall give parents and students notice of the right to refuse release of this data to military recruiting officers. " (Minnesota State Statute 13.32, Subdiv. 5a MILITARY RECRUITMENT).

Robert Heberle, Veteran
Member of Veterans For Peace, Chapter 27

(following is text of Minnesota Statute)

Minnesota Statutes 2004, Table of Chapters
Table of contents for Chapter 13
13.32 Educational data.
Subd. 5a. Military recruitment. A secondary institution shall release to military recruiting officers the names, addresses, and home telephone numbers of students in grades 11 and 12 within 60 days after the date of the request, except as otherwise provided by this subdivision. A secondary institution shall give parents and students notice of the right to refuse release of this data to military recruiting officers.

A part explanation of No Child Left Behind Act of 2001.

Under FERPA, an LEA must provide notice to parents of the types of student information that it releases publicly. This type of student information, commonly referred to as "directory information," includes such items as names, addresses, and telephone numbers and is information generally not considered harmful or an invasion of privacy if disclosed. The notice must include an explanation of a parent's right to request that the information not be disclosed without prior written consent. Additionally, ß 9528 requires that parents be notified that the school routinely discloses names, addresses, and telephone numbers to military recruiters upon request, subject to a parent's request not to disclose such information without written consent. A single notice provided through a mailing, student handbook, or other method that is reasonably calculated to inform parents of the above information is sufficient to satisfy the parental notification requirements of both FERPA and ß 9528. The notification must advise the parent of how to opt out of the public, nonconsensual disclosure of directory information and the method and timeline within which to do so.

Q. If an LEA has not provided notice relating to "directory information," may it release a student's name, address, and telephone number when requested by a military recruiter?

A. As noted above, an LEA may provide a single notice regarding both directory information and information disclosed to military recruiters. If an LEA does not disclose "directory information" under FERPA, then it must still provide military recruiters access to secondary students' names, addresses, and telephone listings. In addition, the LEA must notify parents that they may opt out of this disclosure. In other words, an LEA that does not disclose "directory information" must nonetheless provide a notice that it discloses information to military recruiters. The notice must be reasonably calculated to inform parents.
Excerpted November 12, 2004 from www.ed.gov/policy/elsec/leg/esea02/

Robert Heberle
3328 Skycroft Cir.
St. Anthony, MN 55418
612-789-9020

ELEMENTARY & SECONDARY EDUCATION
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.
((b) 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.)

Back to MAP Member Opinion "Peaces"