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.
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.
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..
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.
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.
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.
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.
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 email@example.com
• 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.
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.
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.
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.
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. 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.