S.Amdt. 2231

1. Adds SEC. 555. ACCESS TO STUDENT RECRUITING INFORMATION at the end of subtitle D of title V

   Adds a section

   Inserted: SEC. 555. ACCESS TO STUDENT RECRUITING INFORMATION.

   Inserted: Section 503(c) of title 10, United States Code, is amended--

   Inserted: (1) by striking paragraph (1) and inserting the following: "(1)(A) Each local educational agency receiving assistance under the Elementary and Secondary Education Act of 1965--

   Inserted: "(i) shall provide to military recruiters the same access to secondary school students as is provided generally to postsecondary educational institutions or to prospective employers of those students; and

   Inserted: "(ii) shall provide, upon a request made by a military recruiter for military recruiting purposes, access to the name, address, and telephone listing of each secondary school student served by the local educational agency, notwithstanding section 444(a)(5)(B) of the General Education Provisions Act (20 U.S.C. 1232g(a)(5)(B)), unless the parent of such student has submitted the prior consent request under subparagraph (B).

   Inserted: "(B)(i) The 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 subparagraph (A) without prior written parental consent. Upon receiving a 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.

   Inserted: "(ii) Each local educational agency shall notify parents of the option to make a request described in clause (i).

   Inserted: "(C) Nothing in this paragraph 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 subparagraph (B)(i).

   Inserted: "(D) Parental Consent.--For purposes of this paragraph, whenever a student has attained eighteen 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.";

   Inserted: (2) by striking paragraphs (2), (3), and (4) and inserting the following:

   Inserted: "(2)(A) If a local educational agency denies recruiting access to a military recruiter under this section, the Secretary shall notify--

   Inserted: "(i) the Governor of the State in which the local educational agency is located; and

   Show 5 more inserted paragraphsShow less

   Inserted: "(ii) the Secretary of Education.

   Inserted: "(B) Upon receiving a notification under subparagraph (A), the Secretary of Education--

   Inserted: "(i) shall, consistent with the provisions of part D of title IV of the General Education Provisions Act (20 U.S.C. 1234c), determine whether the local educational agency is failing to comply substantially with the requirements of this subsection; and

   Inserted: "(ii) upon determining that the local educational agency has failed to comply substantially with such requirements, may impose a penalty or enforce a remedy available for a violation of section 9528(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7908(a)) in the same manner as such penalty or remedy would apply to a local educational agency that violated such section."; and

   Inserted: (3) by redesignating paragraphs (5) and (6) as paragraphs (3) and (4), respectively.

   Original wording

   At the end of subtitle D of title V, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed