Military Recruiters – Parent Opt-Out Provisions Under ESSA

The Every Student Succeeds Act (ESSA) made changes to the federal law on military recruiters’ access to student information. The student information for purposes of this law is the student’s name, address and telephone listing. Schools are required to give the same access to military recruiters concerning student information as they give to higher education institution representatives and prospective employers. Under the law, the student’s parent may opt out of this requirement, meaning that the parent may request of the school that their student’s information not be given to military recruiters. The law requires the parent’s request must be in writing to the school. Schools are required to give notice of the parent’s option to make this request. The Indiana School Boards Association has a sample notice and form for this request, available at this link.

ESSA also prohibits a school corporation from withholding the information from military recruiters by implementing an opt-out process or any other process that is contrary to the written opt-out request provided for in the law. The law requires the information to be given to military recruiters unless the parent makes a written request that complies with the law. A school corporation cannot create any other process for the parents to opt-out other than the one required by the law. This law also prohibits school administrators and other school employees from denying military recruiters access to the student information. School building administrators should review policies, procedures, and practices to be sure all school employees are complying with the law.

Another provision in the law provides the rights, permission or consent required under the law apply only to the student when the student turns 18 years old; thus an 18-year-old student alone has the rights afforded under the law and not the parents. School administrators should notify students of their rights under this law when they turn 18 years old.

Any questions concerning military recruiters’ access to student information may be directed to Julie M. Slavens, staff attorney at the Indiana School Boards Association, at 317-639-0330, ext. 111, or at jslavens@isba-ind.org.