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Opt Out
Section 9528 of the 'No Child Left
Behind Act' stipulates that the school must submit contact information
to the Department of Defense unless the parent 'opts out'.
For several years District 214 has
complied with this ruling by providing an opt out form (click
here for a copy) in the
registration materials. Starting with the 2008/2009 school year
registration was done online so the 'opt out' form was a selection.
The text of Section 9528 of the NCLB Act
follows:
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) 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 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.
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