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FAQ's on Military Recruitment in Schools & Chancellor's Regulation A 825

Written for principals and school staff, but useful for all.
 
What are the school’s obligations under No Child Left Behind (NCLB) with regard to military recruiters?
What must be included in the school’s written plan regarding military recruitment issues?
Whose responsibility is it to oversee issues relating to military recruitment?
Where can I get a copy of Chancellor’s Regulation A 825 and/or Section 9528 of the NCLB?
Can students, even those under 18, sign opt out forms or do parents need to sign them?
How are parents to be informed about opt out?
What is the deadline for opting out? How and when is student information released?
How will opt out requests be processed?
What if military recruiters come to school asking for student lists?
What if college recruiters come to school asking for student lists?
What else should school staff know about opt out? What else do students/parents need to know?

Where can staff get training and materials in order to provide current, accurate information to students?
Can the school designate the time and place that recruiters can set up and what they can do while on school grounds?
Can a principal ban a specific recruiter from the school without violating NCLB?
What about recruiters outside of schools?
What is the DoE policy on the ASVAB exam and what is DoE policy regarding it?
Does signing an enlistment agreement obligate a student to join the military?
Questions and concerns?
Reporting recruiter misconduct

What are the school’s obligations under No Child Left Behind (NCLB) with regard to military recruiters?
Section 9528 of the NCLB Act contains three basic requirements:

1.     Student Directory Information: Schools are required to release the directory information – name, phone number and home address – of all 11th and 12th grade students except where a student or parent notifies the school that he/she does not consent to the release of this information.

2.     Student Privacy Protection and ‘Opt Out’: NCLB requires that schools notify students and parents of their right to keep their information private, also known as “opting out.” Opt out forms may be signed by either students or parents, and they remain in force throughout a students’ educational career, unless the school is notified, in writing, of a change. Opt-out forms may be submitted and must be accepted at any time during the school year. Information on opt out deadlines are listed below.

3.     Equal Access: NCLB requires schools to give military recruiters “the same access to secondary school students as is provided generally to post secondary educational institutions or to prospective employees of those students.” Military recruiters should not receive preferential access to students. This includes the use of class (educational) time and access to areas of the school restricted to other visitors such as hallways, gyms, cafeterias, etc.

What must be included in the school’s written plan regarding military recruitment issues?
Every principal/designee must provide the following information as part of the School and Youth Development Consolidated Plan: 1) a summary of the school’s plans and procedures for access by military recruiters; 2) a plan for ensuring that students understand their opt-out rights and receive opt-out forms; and 3) the name of the staff member designated to oversee the plan. A helpful template is available here.
 
Whose responsibility is it to oversee issues relating to military recruitment?
Each principal must designate a staff member to ensure that the requirements of Chancellor’s Regulation A-825 are being met. The name and contact information for this person should be publicized to students and parents.The point person’s main responsibilities are:
• Oversee the School and Youth Development Consolidated Plan to a) regulate recruiter access; b)
ensure students understand their opt-out rights and receive opt-out forms.
•  Report complaints of recruiter misconduct. Complaints can also be taken by any staff member.
Recruiter misconduct may include overly aggressive or inappropriate behavior, sexual harassment or
disseminating misinformation. It may also include the failure to follow recruiter access guidelines,
such as prohibitions on using classroom time, failing to remain within a designated school location,
or failing to sign in and out of a school building. See below for instructions for reporting incidents.
•  Ensure that at least one staff member is available to provide guidance to students on issues related to
military recruitment..
 
Where can I get a copy of Chancellor’s Regulation A 825 and/or Section 9528 of the NCLB?
The Chancellor's Regularion A-825 is available at http://schools.nyc.gov/RulesPolicies/ChancellorsRegulations/default.htm. Section 9528 of the NCLB is available at http://www2.ed.gov/policy/elsec/leg/esea02/pg112.html#sec9528. Both of these documents are available for download at the bottom of this page.
 
Can students, even those under 18, sign opt out forms or do parents need to sign them?
All students, grades 9-12 have the right to opt themselves out. Under Chancellor’s Regulation A-825, the
principal/designee must arrange the distribution of opt-out letters to all students by the end of the first
week of October of each school year. If possible, students should be given time in homeroom or
advisory to read the letter and to fill out and return the form. Opt- out forms must also be included in the orientation/intake packet that every new student receives.
Guidance should be provided upon request. An FAQ which answers students' questions about opt-out is available here.

Opt-out forms must also be included in the orientation/intake packet that every new student receives. 

All students may opt themselves out. Parental signatures ARE NOT required.
 
How are parents to be informed about opt out?
Opt out forms and explanatory letters must be
sent to all parents of students in grades 9-12 between September 17 and October 3 of each school year.
Opt-out forms must also be provided to parents of new students when they enroll. If possible the letters
should be provided in the parents’ home language. Opt out forms and letters are available in 8 languages
at: http://schools.nyc.gov/StudentSupport/StudentAttendance/MilitaryOptOutLetters/default.htm
While the DoE provides opt out documents, no special forms are required. Any written instruction from
a parent or student to remove that student from the recruitment list is sufficient and legally binding.
 
What is the deadline for opting out? How and when is student information released?
The Department of Education releases directory information, for 11th and 12th grade students only,
to military recruiters in early November. While students can opt out at any time, 11th and 12th graders
should be informed that if they do not opt out by late October, their information will be released to the
military and cannot be retrieved. Opt-out letters may also be distributed to students and parents at
additional times during the year.
 

How will opt out requests be processed?
Each principal/designee should enter the names of the students who have opted out and/or whose parents have opted them out into the ATS system, using the ATS function Update Student Codes (UPCO). The opt out code remains in ATS unless the parent and/or parent choose to change it.
 
What if military recruiters come to school asking for student lists?
Individual schools must not provide student information to military recruiters at any time and must inform military recruiters who directly request such information to contact their supervising officers for the protocol to obtain this information. Inquiries by military recruiters for student information should be reported to Michael Battista
Director of Mandated Responsibilities,
Office of School and Youth Development,
52 Chambers Street – Room 218
New York, NY 10007
212-374-6095 or mbattis@schools.nyc.gov
  
What if college recruiters ask for student lists?
Schools will continue to provide student information directly to institutions of higher learning. The principal/designee should handle these requests.
  
What else should school staff know about opt out? What else do students/parents need to know?
• Students and parents may opt out of releasing their information to either military recruiters or institutions of higher education, or both.

• Opt-out selections stay with students throughout their entire school career, even if they transfer to another New York City public high school.

• Some people, especially immigrants may be fearful that opting out may draw attention to themselves or get them in trouble with the government. It is important to make it clear that opting out keeps their information private and that they will not get in trouble for it.

• Opting out does not mean that one cannot enlist in the military.

• Opting out does not prohibit military recruiters from contacting students or speaking with them in school. It simply removes a student’s directory information from the lists distributed by the DoE. If a military recruiter contacts a student who has opted out or who does not wish to be contacted, the recruiter should be instructed to remove that student from their list.

• Opt-out forms are available in eight languages at: http://schools.nyc.gov/StudentSupport/StudentAttendance/MilitaryOptOutLetters/default.htm

• Opt-out letters may be distributed to students and parents at additional times during the year.

• Opt-out selections stay with students throughout their entire school career, even if they transfer schools.
 
Where can staff get training and materials in order to provide current, accurate information to students?
FAQ’s with basic information are available at nycdoe.info. Training and materials are available from the Ya-Ya Network, 212 239-0022 or info@yayanetwork.org.
 
Can the school designate the time and place that recruiters can set up and what they can do while on school grounds?
Yes. Not only can the school set parameters on recruiters’ activities, Chancellor’s Regulation A-825 requires it. No visitor [including military and college recruiters] should be given unfettered access to students in classrooms, cafeterias, gyms, or other areas of the building. Classroom time must only be used for instruction. Recruiters must sign in and out of the building and hold meetings only in designated locations. Military information should be posted in the same manner and same areas that other post-secondary information.

NCLB requires that schools give military recruiters the same access as is generally provided to other
educational institutions and prospective employers. This does not mean preferential access.

 
Can a principal ban a specific recruiter from the school without violating NCLB?
Yes. If a particular recruiter does not comply with DoE guidelines, is inappropriate or in other ways disruptive to the school environment, the principal should notify the recruiter’s superior of the behavior and that s/he will not be permitted to return.  Another recruiter may be assigned to take his/her place. Please see below for information on reporting incidents.
 
What about recruiters outside of schools?
Military recruiters have the same First Amendment rights as anyone else to distribute materials and speak to students outside of schools. However, if a recruiter is inappropriate, overly aggressive or misleading to students or school staff, a report should be filed with the DoE and recruitment command. Students should be informed that they do not have to speak with recruiters if they choose not to.
 
What is the DoE policy on the ASVAB exam and what is DoE policy regarding it?
The Armed Services Vocational Aptitude Battery exam, which is administered and graded by the military is offered to schools as a free career exploration tool. It is “specifically designed to provide recruiters with a source of prequalified leads…The ASVAB computer printout provides information [the recruiter] can’t get from any other list. It…provides the recruiter with concrete and personal information about the student.” (Source: The School Recruiting Program Handbook, USAREC 350-13).

The ASVAB lists eight options for the release of student information gathered from the exam. In order to protect the right of students and parents to determine how their information is released to the military, it is policy of the NYC DOE that all schools administering the ASVAB must select “Option 8, No release of information” which keeps student information private. Individual students cannot choose
this option. It must be specified by the principal/designee for the entire testing pool.

Students who wish their test score to be released for the purpose of enlisting in the military should arrange to take the ASVAB at their local recruiting station or should contact their guidance counselor for further assistance.

No student is required to take the ASVAB exam.
 
 
Does signing an enlistment agreement obligate a student to join the military?
No.
This question is included here because it is one of the most frequently asked questions and is often
answered incorrectly, with potentially serious consequences.

Students who enlist while enrolled in school do so as part of the Delayed Entry Program/ (DEP). This
means “sign up now, go later.” Even after students sign an enlistment contract and take an oath, they are
not obligated to enter the military.

It is the policy of all branches of the military to honor requests to withdraw or “separate” from the DEP.
Students may get accepted to college, find a job or have a change in family circumstances which causes
them to change their minds about joining the military. To ensure separation, students should write a
letter to the recruitment command center (not the recruiter him/herself) requesting release from the DEP,
and a copy should be filed with the guidance counselor or the principal’s designee. A simple how-to
brochure, including a sample letter can be downloaded at www.sdmcc.org/assets/docs/DEP.pdf

Recruiters are permitted to attempt to “resell” students who change their minds, but they are not
permitted to “threaten, coerce, or intimidate any person for the purpose of inducting a member of the
DEP to report to AD [Active Duty]. This includes misrepresenting the likelihood of being apprehended
and ordered to AD. It also includes obstructing an individual from being separated from the DEP…They
will not unreasonably delay the process of an applicant’s request for separation.” (Source: Recruiting
Improprieties Policies and Procedures, USAREC 601-45)

Students who have enlisted in the DEP should be informed of their right to change their minds and any
undue pressure by their recruiter must be reported as a serious violation of military regulations.
 
Questions and concerns about military recruitment in schools or Chancellor’s Regulation A-825 and its implementation should be directed to:
Michael Battista
Director of Mandated Responsibilities,
Office of School and Youth Development,
52 Chambers Street – Room 218
New York, NY 10007
212-374-6095 or mbattis@schools.nyc.gov
Reports of recruiter misconduct should be filed with Ms. Garelick AND Recruitment Command of the appropriate branch of the military:
  • Army & Guard/Reserves – 718-630-4645
  • Marines – 516-228-5660
  • Navy – 516-683-2500
  • Air Force – 609-239-4900
chancellors_reg_6.09.pdf
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nclb_section_9528_text.pdf
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