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2007-08-21 issue:

WEB EXCLUSIVE: Know your student's rights

A web exclusive Speaking Out column

by Scott Key

Print Article

Soon, schools will open their doors for the start of another year. Back to school ads call thousands of families to stores to get ready for school. While students and parents buy clothes and school supplies, there are some basic items that most back to school lists are missing.



Families need to carefully read their school district's student handbook to find out their rights. In particular, students and parents need to understand their rights related to the release of student information. All districts have policies that are governed by state and federal law. Typically, school districts obtain parental permission to release student information through a blanket consent form at the beginning of the school year. In essence, parents opt in to releasing student information. However, many parents and students are unaware of an exception that requires them to opt out instead of opt in.

As part of the Bush Administration's preparations for war, the government deepened the connection between schools and the military through the No Child Left Behind (NCLB) Act of 2001. Buried deep inside, Section 9528 "Armed Forces Recruiter Access to Students and Student Recruitment Information" requires school districts that receive federal funds to provide military recruiters with high school student contact information (i.e., name, address, and phone number) unless the student or parent opt out of releasing this information. NCLB also requires school districts to inform students and parents of their right to opt out and honor all opt out requests.

The most popular approach has been to create opt out forms to be filled out and turned into districts. Students or parents simply need to fill the form out and return it to their high school office (or other designated place). Yet, many school districts do not have a clear policy on the opt out option nor do they have an opt out form available for students and parents. Find out your district's policies and procedures. If possible, use your district's form. If one does not exist, write a letter that explicitly states you do not want student contact information released to the military. Fill out the form/write the letter and turn it into the district office. No matter your district, be sure to talk with the person responsible and keep a copy for your records.

If you decide to opt out, remember not to freely give contact information to military recruiters. The Armed Services Vocational Aptitude Battery (ASVAB) provides military recruiters with student contact information AND aptitude scores which means that recruiters can hone their messages to students. Since the military pays for this aptitude test, many school districts give it to their high school students. Often, students are told that they must take the test, but this is not true. Students can refuse to take this test and the district must provide an alternative. But, if students feel compelled to take the test, they can still protect their privacy by selecting "Option 8. No release to recruiters" and asking their schools to do the same.

Besides ASVAB, military recruiters use helicopters, humvees, and tanks as magnets to pull students in. Then they hold competitions (e.g., most chin-ups or push ups) and free drawings for prizes such as Xboxes and CD players. Yet, in order to qualify for these prizes, students must fill out registration cards giving their name, address, and phone numbers. Ignoring the lure of the prizes is the only form of protection.

If you do not want to evade recruiters, students and parents need to understand that the promises do not have to be met. According to Section 9b of the enlistment contract, the military can change an enlistee’s status, pay, allowances, benefits and responsibilities without notice. Remember to read the contract, ask questions and take time to make your decision. There are other options: federal and state grants, work-study and many more programs can help pay for college. Students can receive better job training through apprenticeships, the Job Corps and Regional Opportunity programs.

There is a lot to do to get ready for school. It is essential that students and parents learn about their rights. If you do not want to be contacted by military recruiters, you need to fill out an opt out form, refuse to take the ASVAB, and avoid competitions and free drawings run by military recruiters or JROTC units.

Scott Key is a faculty member at Fresno Pacific University and a member of Mennonite Community Church in Fresno, Calif. He can be contacted at scottkey@fresno.edu.

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