August 17, 2009
| TO: | Chief School Administrators Charter School Lead Persons High School Principals |
| FROM: | Lucille E. Davy Commissioner |
| SUBJECT: | Requests for Student Information from Military Recruiters, Institutions of Higher Education, and Prospective Employers and Final FERPA Regulations |
As the 2009-2010 school year begins, districts must remain aware of the provisions contained in Title IX (section 9528) of the No Child Left Behind (NCLB) Act of 2001 and the Family Education Rights and Privacy Act (FERPA) regulations. Section Title IX outlines the provisions that give military recruiters the same access to secondary school students as recruiters from postsecondary institutions or prospective employers (i.e., college fairs, job fairs, etc.). NCLB also requires districts to provide students’ names, addresses, and telephone listings to military recruiters, when requested. Attached is the final guidance issued by USDOE on October 9, 2002 for this provision and a joint letter prepared by the United States Department of Education (USDOE) and United States Department of Defense (USDOD). This federal requirement is also supported by state regulation (N.J.A.C. 6A-327.1, Student Records).
To ensure compliance in this area, all schools receiving assistance under the Elementary and Secondary Education (ESEA) Act of 1965, as amended by the No Child Left Behind Act of 2001 (P.L. No. 107-110), must comply with requests made by 1) military recruiters, 2) prospective employers or 3) recruiters from institutions of higher education for the names, addresses and telephone numbers of secondary school students. This information is to be provided by the school, unless a parent, or the adult student (age 18), has “opted out” of providing such information. Parents or adult students (age 18) must request in writing that student information not be disclosed to one or all entities as indicated above. A sample “opt out” notification letter that may be distributed to parents and students is enclosed. These documents about student information and “opt out” form are posted on the NJDOE NCLB website: http://www.nj.gov/education/grants/nclb/guidance/info/. Districts are encouraged to distribute these documents to parents at the beginning of the school year so they may make a timely, informed decision.
Family Education Rights and Privacy Act (FERPA)
As referenced in the joint letter issued by the USDOE and the USDOD, districts are responsible for notifying parents and guardians of a provision in the Family Education Rights and Privacy Act (FERPA). This Act protects the privacy of student education records. Its primary purpose is to prevent districts from disclosing student information that may be harmful, or invading students’ privacy by placing student information in certain school publications.
Final FERPA Regulations were released on December 9, 2008. Information about these most recent regulations is available as follows:
In addition, attached is a Model Notification of Rights under FERPA for Elementary and Secondary Schools that can be issued to parents and adult students. This document outlines the provisions of this requirement that authorize the release of student information under specific circumstances. It is recommended that you use this notice to inform parents of these FERPA requirements.
Please ensure that parents are notified of these requirements and given the opportunity to use the “opt out” form. As part of the NCLB monitoring process, the NJDOE will review districts’ compliance with the requirements of Title IX § 9528. If you have any questions, please contact Judy Alu in the Office of Student Achievement and Accountability via email at: titleone@doe.state.nj.us.
LED/BG
Attachments
| c: | Members, State Board of Education |
