Frequently Asked Questions about Student Privacy, the Family Educational Rights and Privacy Act, and the No Child Left Behind Act
Q. What is the Family Educational Rights and Privacy Act and how does it protect student privacy?
A. The Family Educational Rights and Privacy Act (FERPA) makes student records confidential. However, FERPA permits schools to release “directory information” to the public. “Directory information” may include the following: student’s name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous school or institution attended by the student.
Q. What does the No Child Left Behind Act have to do with student privacy?
A. The No Child Left Behind Act (NCLB) primarily deals with improving standards in education. However, one section of the NCLB requires high schools that receive federal funding to release the name, address, and telephone number of students upon request to military recruiters and institutions of higher education. This information must be disclosed even if a parent has directed the school not to release directory information under FERPA. Under NCLB, schools are also required to inform students and their parents of their right to “opt out” to protect their privacy. If a parent or student does not opt out under NCLB, schools must disclose a student’s name, address, and phone number upon request by military recruiters or institutions of higher education -- even if the parent has already opted out under FERPA.
Q. What information about students are recruiters entitled to under NCLB?
A. NCLB says that only the student’s name, address, and phone number must be shared with military recruiters or institutions of higher education.
Q. How does someone “opt out”?
A. Students, or their parents or guardians, may “opt out” by sending written notice to the school. They should state that the school does not have permission to share their student’s information with military recruiters or institutions of higher education, or both. Some schools provide forms for this purpose. Schools appoint different people to oversee “opt out” requests. Families can contact the school’s administrative office to find out who should receive the letter or form. Generally, it can be sent to the principal. The ACLU provides an opt-out form (PDF format) that you can fill out and submit to your school.
Q. What happens if parents or students do nothing?
A. If families do nothing, their school will keep the student’s name on the list of students whose directory information is available to the public, including military recruiters, institutions of higher education, and private companies.
Q. Can someone change their mind about “opting out”?
A. Yes. At any point during the school year, a family is permitted to change their student’s status by informing the school in writing that they wish to “opt out” or “opt in” again. If a family has previously opted out, a parent or guardian must make the request to opt back in.
Q. If a student opts out of the military recruitment part, can s/he still be included in, say, the school yearbook and student directory?
A. Yes. A school must offer the option of separately opting out of the military recruitment contact list, and the yearbook or student directory. If a school does not provide this option, a family should make the request in writing and send it to the school principal. As with any correspondence, a dated copy of the letter or request should be made and kept by the family. Contact the ACLU if you feel your opt-out rights are being violated.
Q. If a student doesn’t want his/her information to be given to recruiters, but does want colleges to be able to contact him/her, what should the family do?
A. Students or parents may state that information be released to institutions of higher education but not to military recruiters. Act 127, passed in 2006 by the Vermont Legislature and signed into law by the governor, makes clear families have "separate" opt-out rights.
Q. If it doesn’t matter to a family whether their student is contacted by military recruiters, what should they do?
A. Nothing. If a family takes no action, the student remains on the list of students who have not “opted out”, and therefore the directory information will be available to military recruiters and others.
Q. What if a school has a military recruiter on site? Can a student still “opt out”?
A. Yes. But students should be aware that if they voluntarily give their phone number or address to a recruiter at school, they may be contacted at home.
Q. Must “opt-out” status be renewed every year?
A. It depends on a school’s policy. Families must contact their school to find out the policy. Vermont law does require that schools annually Inform students and parents/guardians of their opt-out rights.
Q. What if a school says a student can’t “opt out”, or is otherwise unresponsive to an “opt-out” request?
A. Under federal law, schools are required to honor a request to prevent disclosure of student information without prior consent. If a school refuses to honor a family’s request, the family should contact the school and file a complaint. Legal action can be pursued, but usually only as a last resort.
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