The Federal No Child Left Behind Act |
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'No Child Left Behind' is formally named the ESEA (Elementary and Secondary Education Act.) The 2002 version of ESEA, also known as 'No Child Left Behind' or 'NCLB', has turned our schools into testing factories where knowledge and wisdom are given second place to the selling strategies of big textbook manufacturers and testing companies. This is part of an overall privatization of public education that many teachers unions, such as UTLA (United Teachers Los Angeles), are trying to stop. Many teachers have left the teaching profession in frustration at the incoherent demands of 'NCLB' and the lack of funding from the federal government that 'NCLB' requires. The 'NCLB' act also opens the schools doors to military recruiters, giving them access to all public secondary schools (high schools) and funnels students names, home phone numbers, and home addresses into the Pentagon (see the actual legal language of Section 9528 of ESEA 'NCLB' below.) ASVAB testing and the Pentagon Database student information mining project are other ways military recruiters can get this information. For more information about ASVAB and the Pentagon Database go to our JROTC page. A CAMS AFT/CFT member (yours truly) wrote this Resolution on eliminating Section 9528 from any reauthorization of NCLB at the California Federation of Teachers Convention 2007 in Los Angeles, CA. It was passed unanimously. Arlene Inouye passed this New Business Itema for the NEA (National Education Association): NEA Representative Assembly
CAMS has also put together this one sheet on NCLB and what concerned educators, parents, and activists can do in a PDF format. There is a sample letter to Congress at the bottom of this page. Here is a good link for 'NCLB': A new bill, H.R. 1346 by Representative Michael Honda, would remove Section 9528 for NCLB and needs support. What you can do: Call or write, or better yet, visit your Congressperson and ask them to support the Student Privacy Protection Act of 2005 (H.R. 551), a bill introduced in the House of Representatives in 2005 but held up and ignored by previous Congresses which reverses Section 9528 of ESEA and requires schools to first obtain parental permission before releasing private student information to military recruiters (opt-in). The bill has been referred to the House Education and the Workforce and the House Education and the Workforce, Subcommittee on Education Reform.
Washington DC Senate switchboard: 202-224-3121 When you talk to your Congressperson or Senator remind them that: ~ ESEA "NCLB" is up for reauthorization in 2007. ~ Section 9528 of ESEA "NCLB" jeopardizes student privacy and was put into the ESEA without any input from parents. ~ Many times even when a parent 'opts-out' as defined in Section 9528 (a) (2) Consent the child is still contacted by military recruiters. ~ Support Congressman Mike Honda's new student privacy bill H.R. 1346. Currently (May 25, 2007) there are 56 co-sponsors of this legislation to amend Section 9528 of the No Child Left Behind Act. This legislation is supported by National Educators Association (NEA) President Reg Weaver, and will be debated at the NEA National Convention in Philadelphia, June 2007. While this only addresses changing the "Opt Out" to "Opt In" (requiring parental permission before releasing names, address and telephone numbers) it is nevertheless a good step to protect students who are minors from aggressive and unethical present military recruitment practices which have life and death consequences. The bill, H.R. 1346, amends the 'No Child Left Behind Act' and blocks schools from releasing student information to military officials without parental consent. This bill would reverse Section 9528 of ESEA and requires schools to first obtain parental permission before releasing private student information to military recruiters (opt-in). ~ Ask your Congressperson to insist that any reauthorization of "NCLB" be contingent on the removal of Section 9528 or a rewording of it emphasizing the privacy rights of students and parents from military recruiters. |
Text of Section 9528 of the ESEA also known as the
No Child Left Behind Act Regarding Military Recruitment December 2002 115 STAT. 1425 PUBLIC LAW 107–110—JAN. 8, 2002 Public Law 107–110 107th Congress An Act To close the achievement gap with accountability, flexibility, and choice, so that no child is left behind. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Jan. 8, 2002 [H.R. 1] ‘‘SEC. 9528. 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. |
Frequently Asked Questions About Militarism in Public Schools Q.What are the recent changes made by Congress concerning military recruitment of high school students? A.Congress has passed two major pieces of legislation that generally require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA)1 to give military recruiters the same access to secondary school students as they provide to postsecondary institutions or to prospective employers. LEAs are also generally required to provide students' names, addresses, and telephone listings to military recruiters, when requested. Q.Where are these statutory requirements found? A. These requirements are contained in § 9528 of the ESEA (20 U.S.C. § 7908), as amended by the No Child Left Behind Act of 2001 (P.L. No. 107-110), the education bill Congress recently passed. These requirements are also contained in 10 U.S.C. § 503, as amended by § 544 of the National Defense Authorization Act for Fiscal Year 2002 (P.L. No. 107-107), the legislation that provides funding for the nation's armed forces in fiscal year 2002. Q.What is the effective date for these military recruiter access requirements? A. While there are differences in the effective date provisions for 10 U.S.C. § 503 and § 9528 of the ESEA, both provisions apply to all LEAs receiving ESEA funds by not later than July 1, 2002. Q.What are the requirements of § 9528 of the ESEA? A.Each LEA that receives funds under the ESEA must comply with a request by a military recruiter or an institution of higher education for secondary students' names, addresses, and telephone numbers, unless a parent has "opted out" of providing such information. (See below for additional information.) Section 9528 also requires LEAs that receive funds under the ESEA to provide military recruiters the same access to secondary school students as they generally provide to postsecondary institutions or prospective employers. For example, if the school has a policy of allowing postsecondary institutions or prospective employers to come on school property to provide information to students about educational or professional opportunities, it must afford the same access to military recruiters. Q. Under § 9528 of the ESEA, what notification must LEAs provide to parents before disclosing names, addresses, and telephone numbers of secondary students to military recruiters and officials of institutions of higher education? A. Under FERPA, an LEA must provide notice to parents of the types of student information that it releases publicly. This type of student information, commonly referred to as "directory information," includes such items as names, addresses, and telephone numbers and is information generally not considered harmful or an invasion of privacy if disclosed. The notice must include an explanation of a parent's right to request that the information not be disclosed without prior written consent. Additionally, § 9528 requires that parents be notified that the school routinely discloses names, addresses, and telephone numbers to military recruiters upon request, subject to a parent's request not to disclose such information without written consent. A single notice provided through a mailing, student handbook, or other method that is reasonably calculated to inform parents of the above information is sufficient to satisfy the parental notification requirements of both FERPA and § 9528. The notification must advise the parent of how to opt out of the public, nonconsensual disclosure of directory information and the method and timeline within which to do so. Q.If an LEA has not provided notice relating to "directory information," may it release a student's name, address, and telephone number when requested by a military recruiter? A.As noted above, an LEA may provide a single notice regarding both directory information and information disclosed to military recruiters. If an LEA does not disclose "directory information" under FERPA, then it must still provide military recruiters access to secondary students' names, addresses, and telephone listings. In addition, the LEA must notify parents that they may opt out of this disclosure. In other words, an LEA that does not disclose "directory information" must nonetheless provide a notice that it discloses information to military recruiters. The notice must be reasonably calculated to inform parents. Q.If a parent opts out of the public, nonconsensual disclosure of directory information (or any subset of such information), must the three data elements be released to military recruiters upon their request? A.If a parent opts out of providing directory information to third parties, the opt-out relating to name, address, or telephone number applies to requests from military recruiters as well. For example, if the opt-out states that telephone numbers will not be disclosed to the public, schools may not disclose telephone numbers to military recruiters. Q.If the school does not list one or more of the three data elements (e.g., telephone number) among its directory information, may it release that information to military recruiters? A.If a school does not designate one or more of the three items as "directory information" under FERPA, it still must provide all three items to military recruiters upon request. Also, in that case, the school would have to send a separate notice to parents about the missing "directory information" item(s), noting an opportunity to opt out of disclosure of the information to military recruiters. An easier method, of course, would be for the school to designate all three items - name, address, and telephone listing - as "directory information." Q. How are the requirements under § 9528 of the ESEA enforced? A.Schools that do not comply with § 9528 of the ESEA could jeopardize their receipt of ESEA funds. Q.How does § 544 of the National Defense Authorization Act for Fiscal Year 2002 amend the former requirements under 10 U.S.C. § 503? A.Section 544 of the National Defense Authorization Act for Fiscal Year 2002 revises Title 10, Section 503(c) in several important ways. First, the recruiting provisions now apply only to LEAs (including private secondary schools) that receive funds under the ESEA. Second, these provisions now require access by military recruiters to students, under certain conditions, and to secondary school students' names, addresses, and telephone listings. Third, as discussed earlier, they require LEAs to notify parents of their right to opt out of the disclosure of their children's names, addresses, and telephone numbers and to comply with any such requests from the parents or the students. Q.How are these requirements under 10 U.S.C. § 503 enforced? A.In addition to the potential for loss of funds under ESEA noted above for failure to comply with § 9528 of the ESEA, an LEA that denies a military recruiter access to the requested information on students after July 1, 2002, will be subject to specific interventions under 10 U.S.C. § 503. In this regard, the law requires that a senior military officer (e.g., Colonel or Navy Captain) visit the LEA within 120 days. If the access problem is not resolved with the LEA, the Department of Defense must notify the State Governor within 60 days. Problems still unresolved after one year are reported to Congress if the Secretary of Defense determines that the LEA denies recruiting access to at least two of the armed forces (Army, Navy, Marine Corps, etc.). The expectation is that public officials will work with the LEA to resolve the problem. Additionally, the Department of Defense has developed a national high school data base to document recruiter access. Presently, 95 percent of the nation's 22,000 secondary schools provide a degree of access to military recruiters that is consistent with current law. Q. Are private schools subject to the military recruiter requirements? A.Private secondary schools that receive funds under the ESEA are subject to 10 U.S.C. § 503. However, private schools that maintain a religious objection to service in the Armed Forces that is verifiable through the corporate or other organizational documents or materials of that school are not required to comply with this law. Q.Where can I get more information on the requirements of 10 U.S.C. § 503? A.The Office of the Secretary of Defense may be contacted for copies of the statute, or questions relating to it. Please contact the Accession Policy Directorate as follows: Director, Accession Policy Q.Where can I get more information on the requirements of § 9528 of the ESEA? A.The Family Policy Compliance Office (FPCO) in the Department of Education administers FERPA as well as § 9528 of the ESEA, as amended by the No Child Left Behind Act of 2001. School officials with questions on this guidance, or FERPA, may contact the FPCO at FERPA@ED.Gov or write to the FPCO as follows: Family Policy Compliance Office A model "directory information" notification for use by LEAs incorporating the changes under § 9528 of the ESEA and 10 U.S.C. § 503 is attached. The model notification may also be obtained on the FPCO's Web site. Footnotes: 1. If the LEA receives funds under the ESEA, all the secondary schools in that LEA are subject to the requirements in these laws. http://www.ed.gov/policy/gen/guid/fpco/hottopics/ht-10-09-02a.html |
Sample letter requesting a meeting with a congressperson: <><><><><><><><><><> To: The Honorable xxxxxxxxx From: xxxxxxxxx Via Fax: 202-226-xxxx Date: February 9, 2007 Dear Congressperson xxxxx: I would like to request a meeting with you, personally, concerning the upcoming reauthorization vote of ESEA (‘No Child Left Behind’.) As at teacher in PI5 Title One school I am very concerned about a number of components within NCLB, in particular the AYP standard as regards EL (English Learner) populations, educationally bland ‘teaching-to the test’ mandated curriculum, and Section 9528 of NCLB, which evaporates privacy protections for students to military recruiters and allows military recruiters to patrol High School campuses. As with any mandated Federal program, NCLB’s funding issues are also in need of scrutiny and discussion. And, finally, the privatization measures inherent within NCLB’s penalization of schools not meeting AYP needs to be analyzed and remedied. While I am not sure we can discuss all of these issues, or even realize agreements on any, I do feel I need to meet with my representatives to tell them of the inadequacies, the incoherence, and the damage being done to students by certain components within the existing legislation. As a working teacher I can meet with you any weekday after 4:30 pm, or on a Saturday at your Los Angeles office. I have met in the past with your local staff but would like to meet with you attending this time. I look forward to meeting with you at your earliest convenience. Sincerely,
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