H. R. 551 - student record privacy

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109th CONGRESS

1st Session

H. R. 551

To amend the Elementary and Secondary Education Act of 1965 to direct local educational agencies to release secondary school student information to military recruiters if the student's parent provides written consent for the release, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

February 2, 2005
Mr. HONDA introduced the following bill; which was referred to the Committee on Education and the Workforce

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A BILL
To amend the Elementary and Secondary Education Act of 1965 to direct local educational agencies to release secondary school student information to military recruiters if the student's parent provides written consent for the release, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Student Privacy Protection Act of 2005'.

SEC. 2. ACCESS BY MILITARY RECRUITERS TO SECONDARY SCHOOL STUDENT INFORMATION.

(a) Amendments- Section 9528 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7908) is amended--

(1) by redesignating subsections (a) through (d) as subsections (b) through (e), respectively;

(2) by inserting before subsection (b) (as so redesignated) the following:

`(a) Military Recruiters-

`(1) ACCESS TO STUDENT RECRUITING INFORMATION- Notwithstanding section 503(c) of title 10, United States Code, each local educational agency receiving assistance under this Act shall provide, on a request made by military recruiters, access to the name, address, and telephone listing of each secondary student served by
the agency if the parent of the student involved has provided written consent to the agency for the release of such information to military recruiters.

`(2) NOTICE; OPPORTUNITY TO CONSENT- A local educational agency receiving assistance under this Act shall--

`(A) notify the parent of each secondary school student served by the agency of the option to consent to the release of the student's name, address, and telephone listing to military recruiters; and

`(B) give the parent an opportunity to provide such consent in writing.';

(3) in subsection (b) (as so redesignated)--

(A) by striking `Policy- ' and inserting `Institutions of Higher Education- '; and

(B) in paragraph (1), by striking `military recruiters or'; and

(4) by transferring paragraph (3) of subsection (b) (as so redesignated) from the end of such subsection to the end of subsection (a) (as added by paragraph (2)).

(b) Application- The amendments made by this Act apply only with respect to school years beginning after the date of the enactment of this Act.

END

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1. 3/17 Press conference - Stark, McDermott, Anti-Flag

Rep. Stark Joins Rep. McDermott and Punk Activist Band for Nationwide Drive to Restore Privacy to Student Records; Launch at Capitol Hill Press Conference on Thursday

3/16/2005 8:39:00 AM


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To: Assignment Desk, Daybook Editor

Contact: Scott Goodstein of the Underground Action Alliance Military Free Zone, 202-518-8332 or [e-mail]

News Advisory:

WHO:

Rep. Jim McDermott (D-Wash.)

Rep. Pete Stark (D-Calif.)

Punk Band Anti-Flag, co-directors of the Underground Action Alliance

WHAT: Launch of national 'opt-out' campaign and petition drive to end involuntary military recruitment in high schools permitted under the current No Child Left Behind Act

WHEN: 1:30 p.m., Thursday, March 17

WHERE: Cannon Terrace, adjacent to Cannon House Office Building, Washington, D.C.

Rep. Jim McDermott, who is a military veteran and the only psychiatrist in the U.S. Congress, and Rep. Pete Stark, an Air Force veteran, will appear with the punk band Anti-Flag, who represent the newly formed http://www.militaryfreezone.org, as the group launches a national drive to restore privacy to student records.

"No Child Left Behind was supposed to mean academic opportunity," McDermott said, "but the federal law permits a military recruiter to obtain private student information, and that is not right." McDermott added; "I support our military, but young people, not government, should make the decision about whether to explore a military career."

“Not only has No Child Left Behind been shortchanged by the war in Iraq, now we learn the military is using it for an immoral recruitment scheme,” said Rep. Pete Stark. “No Child Left Behind is supposed to be about student achievement, not military recruiting.”

McDermott and Stark explained that Section 9528 of NCLB grants military recruiters access to students' private records unless students, parents and guardians opt out in writing.

Justin Sane, lead singer for the band, said, "It's time that leaders making laws that affect us -- hear from us. How can anyone wonder why young people mistrust so many adults when a law gets passed that invades young people’s privacy without even their knowledge or consent?”

To reach as many young people as possible, the band is launching http://www.militaryfreezone.org, which will give young people and parents the information and tools to help them take action.

McDermott said, "High schools across America are drug-free, alcohol-free and weapons-free; they should also be military-free. Every branch of the military has a multi-million dollar advertising budget; that's more than enough in the way of resources to reach young people."

http://www.usnewswire.com/