7 OCTOBER 2005
Opting Out of Military Recruiting Shouldn't Mean Opting Out of Other Recruiting, FPCO Confirms

The Family Policy Compliance Office of the US Department of Education indicated in email today that schools can give students the chance to opt out of having their information turned over to military recruiters without forcing them to also opt out of being contacted by job and college recruiters.

Some school districts have taken the position that when a student or student’s parents opt out of disclosure of contact information to military recruiters under No Child Left Behind, those students are necessarily opted out from any disclosure of information to any other entity, especially highly valued "recruiters" such as institutions of higher education, employers, etc. The email pointed out the error of this position:

> We have also advised schools that they
> may have separate notices or check-offs for
> disclosure to military recruiters, postsecondary
> institutions, and other entities - if the school can
> keep up with the various options given.

FPCO does suggest a loophole to schools: FPCO notes that schools can allow separate opt-out options if they "can keep up with the various options given.” The NYCLU takes the position that nothing in the NCLB statute precludes local educational agencies from passing on to the military the cost of developing and maintaining lists of students who have opted out of disclosure of their information to the military. In fact, several school districts are passing along the costs of providing student contact information to military recruiters along to the military.

Mr. Bernie Cieplock at the United States Department of Education Family Policy Compliance Office can confirm FPCO positions cited here. He may be contacted at:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue SW
Washington, D.C. 20202-4605
ferpa@ed.gov
(202) 260-3887

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