§ 7908. Armed Forces recruiter access to students and student recruiting information

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Elementary and Secondary Education Act of 1965

   Pub. L. 89–10 title VIII § 8528 · 79 Stat. 27

   Enacted · 20 U.S.C. § 7908

   Pub. L. 89–10, title VIII, § 8528, formerly title IX, § 9528, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1983

   Source evidence

   Code source credit
   Pub. L. 89–10, title VIII, § 8528, formerly title IX, § 9528, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1983

2. 2015

   Every Student Succeeds Act

   Pub. L. 114–95 § 8025 · 129 Stat. 1802

   1. Added · 20 U.S.C. § 7908

      Pub. L. 114–95, § 8025, added subsecs. (a) to (c)

   2. Struck · 20 U.S.C. § 7908

      Pub. L. 114–95, § 8025, struck out former subsecs. (a) to (d) which related to policy regarding access to student recruiting information, notification of requirements of this section, exception for a private secondary school that maintains a religious objection to service in the Armed Forces, and special rule regarding Connecticut State law, respectively

   Source evidence

   Code amendment note
   Pub. L. 114–95, § 8025, added subsecs. (a) to (c) and struck out former subsecs. (a) to (d) which related to policy regarding access to student recruiting information, notification of requirements of this section, exception for a private secondary school that maintains a religious objection to service in the Armed Forces, and special rule regarding Connecticut State law, respectively.

   Enacted provision · exact public law section
   SEC. 8025. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT RECRUITING INFORMATION.   Section 8528, 20 USC 7908. as redesignated by section 8001 of this Act, is amended by striking subsections (a) through (d) and inserting the following: “(a) Policy.— “(1) Access to student recruiting information.— Notwithstanding section 444(a)(5)(B) of the General Education Provisions Act (20 U.S.C. 1232g(a)(5)(B)), each local educational agency receiving assistance under this Act shall provide, upon a request made by a military recruiter or an institution of higher education, access to the name, address, and telephone listing of each secondary school student served by the local educational agency, unless the parent of such student has submitted the prior consent request under paragraph (2). “(2) Consent.— “(A) Opt-out process.— A parent of a secondary school student may submit a written request, to the local educational agency, that the student’s name, address, and telephone listing not be released for purposes of paragraph (1) without prior written consent of the parent. Upon receiving such request, the local educational agency may not release the student’s name, address, and telephone listing for such purposes without the prior written consent of the parent. “(B) Notification of opt-out process.— Each local educational agency shall notify the parents of the students served by the agency of the option to make a request described in subparagraph (A). “(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 to institutions of higher education or to prospective employers of those students. “(4) Rule of construction prohibiting opt-in processes.— Nothing in this subsection shall be construed to allow a local educational agency to withhold access to a student’s name, address, and telephone listing from a military recruiter or institution of higher education by implementing an opt-in process or any other process other than the written consent request process under paragraph (2)(A). “(5) Parental consent.— For purposes of this subsection, whenever a student has attained 18 years of age, the permission or consent required of and the rights accorded to the parents of the student shall only be required of and accorded to the student. “(b) Notification.— The Secretary, in consultation with the Secretary of Defense, shall, not later than 120 days after the date of the enactment of the Every Student Succeeds Act, notify school leaders, 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.” .

   Effective date note
   Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

2 of 3 references resolved to an enrolled provision · 1 partial