Because the disclosure of “directory information” under FERPA is permissive and not required, schools do not have to have a directory information policy. If they have one, as far as FERPA is concerned, the school may permit parents to “check off” who may or may not have access to directory information on their child, but that is up to the school. Aside from FERPA, there is the separate requirement under No Child Left Behind that requires schools to provide military recruiters (as well as postsecondary institutions) upon request students’ name, address, and telephone listings. In our guidance which is on our website (http://www.ed.gov/policy/gen/guid/fpco/hottopics/ht10-09-02.html) we explain that a FERPA directory information notice may be utilized to notify parents of the disclosure. See also this letter http://www.ed.gov/policy/gen/guid/fpco/pdf/ht070203.pdf. Ellen -----Original Message----- From: Stephen J Spiro [mailto:s_j_spiro@hotmail.com] Sent: Tuesday, September 20, 2005 1:44 PM To: FERPA Subject: RE: Military Recruiters Dear Ms Campbell, Thank you for your prompt reply to my inquiry. Implied, but not stated explicitly in your email, is that schools/school districts DO have the right to allow parents/students to request that contact information be withheld from military recruiters but not withheld from educational or employment recruiters (and, of course, vice versa). A determination from you phrased explicitly would be useful. I am testifying tomorrow at the NJ State Board of Education hearings in Trenton, and would like to have this matter clarified. We are trying to establish uniform rules for the administration of the No Child Left Behind Act throughout the state. Thank you. Stephen J Spiro 868A Amboy Ave Metuchen, NJ 08840 732-661-1962 From: "FERPA" To: Subject: Military Recruiters Date: Tue, 20 Sep 2005 10:18:34 -0400 MIME-Version: 1.0 X-Sender: None Received: from wdchqdipt02.ed.gov ([165.224.216.88]) by mc9-f37.hotmail.com with Microsoft SMTPSVC(6.0.3790.211); Tue, 20 Sep 2005 07:20:32 -0700 Received: from unknown (HELO WDCROBE2B01.ed.gov) (165.224.43.143) by wdchqdipt02.ed.gov with ESMTP; 20 Sep 2005 10:18:37 -0400 Received: from wdcrobe2m05.ed.gov ([165.224.43.153]) by WDCROBE2B01.ed.gov with Microsoft SMTPSVC(5.0.2195.6713); Tue, 20 Sep 2005 10:18:36 -0400 Mr. Spiro, This is in response to your email below. This office administers the military recruiter provisions of the No Child Left Behind Act. We also administer the Family Educational Rights and Privacy Act (FERPA). Without knowing more regarding the schools’ notification policies, we cannot give you specific guidance. Generally, a school must comply with requests from military recruiters (and postsecondary school recruiters) for name, address, and telephone listings, after the school has given notice to parents regarding the disclosures. Schools may utilize a “directory information” notice under FERPA to fulfill this requirement and, under FERPA, the disclosure of “directory information” is optional, not required. Because the disclosure of directory information is optional, schools may also have an “all or nothing” policy with regard to disclosing information to military recruiters, postsecondary institutions, or others under the directory information policy. Ellen Campbell Family Policy Compliance Office -----Original Message----- From: Stephen J Spiro [mailto:s_j_spiro@hotmail.com] Sent: Sunday, September 18, 2005 11:29 PM To: FERPA Subject: ATT: Family Policy Compliance Office STEPHEN J SPIRO 868A AMBOY AVE EDISON, NJ 08837-3230 VOICE: (732) 661-1962 FAX: (509) 693-1815 S_J_Spiro@hotmail.com 19 September 2005 Family Policy Compliance Office United States Department of Education 400 Maryland Avenue SW Washington, DC 20202-4605 Dear Friends, At least two school districts in this area (Montclair and Perth Amboy) report that military recruiters have told them that students (or parents acting on behalf of students) may not instruct the school/school district to withhold contact information from military recruiters UNLESS they also withhold the same information from college and employer recruiters. This does not sound accurate. Would you please be so kind as to clarify this situation? Thank you for your gracious assistance. Very truly yours, STEPHEN J SPIRO