School districts throughout the country are revising their procedures on military recruiting in response to the No Child Left Behind Act of 2001 (NCLB), as well as concerns of parents, students, and civic associations such as the National PTA [1].

Generally, these procedures cover four broad areas of concern: Student privacy; Recruiter access to students; Use of the Armed Services Vocational Aptitude Battery (ASVAB) for recruiting purposes; and Junior Reserve Officers Training Corps (JROTC).

The laws governing military recruitment in high schools are stated as follows in NCLB Section 9528(a)  [2].

The following proposed procedures on military recruiting at Montgomery County Public Schools (MCPS) are in accordance with NCLB provisions, protect student privacy, and allow interested students to freely explore all career options, including the military. They would entail updating MCPS regulations on Student Records and on School Visitors, last revised prior to the NCLB, as well as the Student Privacy Notice [4].

1. All secondary students or their parents/guardians shall be allowed to request that the school obtain written consent by the parent (or student of legal age) before releasing information to military recruiters.

2. Students and their parents/guardians may opt out of the release of information to military recruiters at any time during the year, and once they have done so, this status shall remain in place for the remainder of the student's time in MCPS, including transfer from one school to another, unless a change is requested in writing by the parent or student of legal age.

3. The release of student information shall be limited to name, telephone number and address.

4. This information shall be released only for juniors and seniors, as stated in a joint letter by the U.S. Secretary of Defense and the Secretary of Education [5].

5. Notices explaining the release of student information to military recruiters and the process for opting out of such release shall be disseminated as widely as possible by a variety of mechanisms, including, but not limited to, annual mailings to parents and students, and placement in prominent locations on school web sites and in student and parent handbooks. Notices and opt-out forms shall be provided in simple, succinct language and with clear and easy-to- follow directions in English, Spanish, French, Chinese, Korean, and Vietnamese.

6. All entities (military, corporate or college) receiving student information shall certify that they will not discriminate against applicants based on race,color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or disability, as per Maryland Code, Art. 49B, § 14.

1. All recruiters (military, corporate or college) shall be subject to the same procedures throughout MCPS.

2. No recruiters shall be allowed on elementary or middle school properties, except in their capacities as parents or guardians of individual students in specific schools.

3. Each recruiting entity (college, employer, or branch of the military) shall be allowed to visit once quarterly at any given high school, in addition to college and career fairs. The schedule for these visits shall be posted in career centers and on the schools' web sites at least two weeks in advance of each visit and shall be available by a telephone call to the school.

4. Except for career and college fairs, recruiters may talk with interested juniors and seniors only in the Career Center or counseling office. Recruiting shall not take place in school cafeterias or hallways, or at sports events, or involve a captive audience, such as an entire class or mandatory assembly.

5. Recruiters shall not serve as mentors or tutors, coach sports teams, or sponsor intramural activities such as school clubs, except in their capacities as parents or guardians of individual students at specific schools, and if so, military recruiters shall appear in civilian dress, not in military uniform.

6. A procedure shall be established for notifying school principals of any intimidation, harassment, or misrepresentations by recruiters, so that appropriate action can be taken.

7. MCPS employees, including JROTC instructors, shall not engage in recruiting activities on behalf of any outside entity, nor invite recruiters to have contact with students outside of procedures outlined in this section.

8. Recruiters shall not sponsor or host activities involving contests, drawings, or lotteries, or engage in transactions that include the exchange of money or gifts (other than promotional items of minimal value).

9. Military exhibits, including vehicles, weaponry, and mobile units such as the U.S. Army Cinema Van, the U.S. Army Cinema Pod, the Army Adventure Van, and the Rockwell and Navy exhibit centers, shall not be allowed on MCPS property, nor shall any electronic games involving simulated violence.

10. Wherever U.S. Armed Forces promotional materials are made available to students, MCPS also shall allow materials encouraging students to make informed decisions on military enlistment and suggesting alternative means for obtaining employment or advanced education.

11. All MCPS high schools shall, if requested, allow advocates of alternatives to military service access to students equal to that provided to military recruiters.

1. If any school wishes to administer the Armed Services Vocational Aptitude Battery test, students and parents must be informed that taking this test is voluntary, and the military must guarantee that no contact information or test data for students obtained from the test will be released to military recruiters. Nothing herein shall preclude a student from independently arranging, outside of school, recruiter access to the information.

2. Students who are under 18 years of age must obtain written permission from parents or guardians to take the test.

3. No recruiting shall take place when tests are administered or results disseminated.

4. Information on ASVAB provided in career centers, in parent and student handbooks, and on school web sites shall refer to the test by its full name, Armed Services Vocational Aptitude Battery, disclose its administration by the Armed Services, and specify the

actions taken by MCPS to guarantee student privacy and the confidentiality of test scores.

1. All JROTC instructors shall hold a college degree and possess a Maryland professional teaching certificate or be accompanied in the classroom by a certified professional.

2. JROTC courses shall be subject to the same curricular oversight as other courses students take for credit.

3. JROTC instructors shall not conduct mass mailings to students to promote enrollment in JROTC.

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[1] Statement from the National Parent-Teachers Association http://www.pta.org/ia_pta_positions_1124827720656.html

[2] Section 9528, No Child Left Behind Act of 2001 http://www.ed.gov/policy/elsec/leg/esea02/pg112.html#sec9528

[3] Section 444(a)(5)(B) states: "Any educational agency or institution making public directory information shall give public notice of the categories of information which it has designated as such information with respect to each student attending the institution or agency and shall allow a reasonable period of time after such notice has been given for a parent to inform the institution or agency that any or all of the information designated should not be released without the parent's prior consent."

[4] Student Records (JOA-RA), last revised October 20, 2000 http://www.mcps.k12.md.us/departments/policy/pdf/joara.pdf

School Visitors (COA-RA), last revised June 20, 2000  http://www.mcps.k12.md.us/departments/policy/pdf/coara.pdf

Student Privacy Notice   http://www.mcps.k12.md.us/info/studentprivacy/index.shtm

[5] Joint letter from Rod Paige, Secretary of Education and Donald H. Rumsfeld, Secretary of Defense, dated October 9, 2002  http://www.ed.gov/policy/gen/guid/fpco/pdf/ht100902c.pdf