To amend the Elementary and Secondary Education Act of 1965 to direct local educational agencies to release secondary school student information to military recruiters if the student's parent provides written consent for the release, and for other purposes.

February 2, 2005

Mr. HONDA introduced the following bill; which was referred to the Committee on Education and the Workforce

To amend the Elementary and Secondary Education Act of 1965 to direct local educational agencies to release secondary school student information to military recruiters if the student's parent provides written consent for the release, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Student Privacy Protection Act of 2005'.

SEC. 2. ACCESS BY MILITARY RECRUITERS TO SECONDARY SCHOOL STUDENT INFORMATION.

(a) Amendments- Section 9528 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7908) is amended--

(1) by redesignating subsections (a) through (d) as subsections (b) through (e), respectively;

(2) by inserting before subsection (b) (as so redesignated) the following:

`(a) Military Recruiters-

`(1) ACCESS TO STUDENT RECRUITING INFORMATION- Notwithstanding section 503(c) of title 10, United States Code, each local educational agency receiving assistance under this Act shall provide, on a request made by military recruiters, access to the name, address, and telephone listing of each secondary student served by the agency if the parent of the student involved has provided written consent to the agency for the release of such information to military recruiters.

`(2) NOTICE; OPPORTUNITY TO CONSENT- A local educational agency receiving assistance under this Act shall--

`(A) notify the parent of each secondary school student served by the agency of the option to consent to the release of the student's name, address, and telephone listing to military recruiters; and

`(B) give the parent an opportunity to provide such consent in writing.';

(3) in subsection (b) (as so redesignated)--

(A) by striking `Policy- ' and inserting `Institutions of Higher Education- '; and

(B) in paragraph (1), by striking `military recruiters or'; and

(4) by transferring paragraph (3) of subsection (b) (as so redesignated) from the end of such subsection to the end of subsection (a) (as added by paragraph (2)).

(b) Application- The amendments made by this Act apply only with respect to school years beginning after the date of the enactment of this Act.

END