Student Privacy, Military Recruiters and the No Child Left Behind Act
In an age when personal information is so easily accessible, students and their families should be aware of circumstances in which personal information may be widely shared.
The No Child Left Behind Act of 2002 requires schools to turn over the directory information of students to the military unless that student or their parents have requested that this information be kept private.
In August of 2004, the ACLU of Michigan sent letters to all Michigan school superintendents informing them of their obligation to protect student privacy. That letter, frequently asked questions about No Child Left Behind and a print-and-mail "opt out" form are available at the links below.
No Child Left Behind Frequently Asked Questions
"Opt Out" Request Form to Protect Student Directory Information
Letter to Superintendents re: Disclosure of Student Information
Frequently Asked Questions on Student Privacy, Military Recruiters and the No Child Left Behind Act
What is the No Child Left Behind Act, and what does it have to do with student privacy?Passed by the US Congress in 2002, the No Child Left Behind Act (NCLB) primarily deals with improving standards in education. However, one section of the NCLB requires high schools that receive Title I federal funding to release the directory information of high school juniors and seniors to military recruiters upon request. Under NCLB, schools are also required to inform students and their parents of their right to “opt out” to protect their privacy.
In August 2004, the ACLU of Michigan sent letters and a sample “opt out” form to all Michigan school superintendents regarding this aspect of the No Child Left Behind Act and offered suggestions for protecting student privacy. To view the letter to superintendents or to print a copy of the “opt out” form, go to www.aclumich.org and look for the “No Child Left Behind” section on the homepage.
What information about students are recruiters entitled to?
The law says that only "directory information" may be shared with recruiters. Directory information includes a student's name, home address and listed phone number. Unlisted phone numbers are not permitted to be given to military recruiters. Schools are also not allowed to release information about student grades, extracurricular activities, scholastic achievements, or disciplinary information.
How do I “opt out”?
Students or their parents or guardians may “opt out” by sending written notice to the school district that the schools do not have permission to share their information with military recruiters. Some schools provide forms for this purpose. If your school does not provide such a form, a print-and-mail "opt out" form is available by clicking here or on the ACLU of Michigan website at www.aclumich.org. School districts appoint different people to oversee NCLB requests send your form or letter to the Superintendent’s office, where it will be forwarded to the appropriate staff person(s).
What happens if I do nothing?
Your school will keep your name on a list of students whose directory information is permitted to be shared with the military.
Can I change my mind?
Yes. At any point during the school year, you are permitted to change your status with your school by informing the district in writing that you wish to opt out or in again. If a student has previously opted out, a parent or guardian, or the student if 18 years of age or older, must make the request to opt back in. Students under age 18 may not opt themselves back in.
Be aware, however, that the military may have already obtained your contact information earlier in the school year. The Michigan Department of Education (MDOE) website No Child Left Behind section currently includes a 2005 notification regarding the United States Army's formal request to all Michigan high schools for directory information, with a response date of October 15, 2005. Read the MDOE notice at: http://www.michigan.gov/documents/Military_Recruiter_Annoucement_104995_...
If I opt out of the military recruitment part, can I still be included in the yearbook and student directory?
Yes. Your school should give you the option of separately opting out of the military recruitment contact list, and the yearbook or student directory. If the school does not provide this option, request it in writing from the Superintendent’s office. As with any correspondence, keep a dated copy of your letter or request form for your records.
I don't want my information going to recruiters, but I do want colleges and job recruiters to be able to contact me.
Ideally, schools should separate the list of those who do not want to be contacted by military recruiters from those students who want to receive college and/or job information; however, the law does not require separate lists. Students or parents should send a written request to the school district indicating the wish to remain on any list for colleges or employers.
It doesn't matter to me if military recruiters contact me.
If you want recruiters to be able to contact you, then take no action with the school and you will remain on the list of students who have not “opted out.” However, if you want to have the choice of contacting recruiters rather than having recruiters contact you, you should inform your school in writing that you wish to “opt out.”
My school has a military recruiter on site. Can I still “opt out”?
Yes. Students should be aware that if they voluntarily give their phone number or address to a recruiter at school, they may be contacted at home.
I'm a student. I'd like to hand out counter-recruitment information. Can I have a table at school to do this?
Your school is required to respect your First Amendment right to distribute counter-recruitment information on school property outside of the classroom. Your school should allow you to distribute counter-recruitment information in the same manner as any military recruiter. If a military recruiter regularly sets up a table in the lunchroom, students should be allowed the same opportunity. You must also be allowed to distribute materials at other times before, during and after school, as long as it not disruptive. If your school will not allow you to distribute counter-recruitment information, contact the ACLU of Michigan at (313) 578-6802 or at aclu@aclumich.org.
Non-student groups do not necessarily have the same rights as students, however, and must contact the school to receive permission to be come on campus to share counter-recruitment information with students.
Schools may also decide when and how military recruiters have access to the school. While they may not prohibit recruiters from coming to campus, the school has the right to decide where and when recruiters may have access to students.
Do I have to renew my opt-out status every year?
It depends on the policy of your school district and how frequently the military contacts your school for information. Contact your school district to find out the district's policy on opt-out renewals.
What if the school district tells me I can’t “opt out” or stalls my request?
Contact your local branch of the ACLU to ask for their assistance. Many chapters are in discussion with school districts regarding the privacy requirements under the No Child Left Behind Act. Click on the blue Michigan map on this page to see a listing of ACLU branches throughout the state or contact the ACLU of Michigan directly at (313) 578-6802 or by e-mailing aclu@aclumich.org.