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2026-07-06 10:51:44 -04:00

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LegalText 20 U.S.C. § 7908 Armed Forces recruiter access to students and student recruiting information us united_states_code code_section 20 EDUCATION 70 STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS 7908 20 U.S.C. § 7908 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip /us/usc/t20/s7908 data/legal/raw/us/code/title-20/usc20.xml a547e6d137bae5478945bb0ffb1f054ae30bce8a1a4980dc8ce6059dd54d3283 6022872c5d6a3398d1728f82f8cefcb58db9f5ff548e2a636450be1e4a8bb052 81791d165bbcd6abbe71ed97870ac3177472109138ea240861a343820bfcab6b 2026-07-04 official
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20 U.S.C. § 7908 - Armed Forces recruiter access to students and student recruiting information

Text

(a) Policy (1) Access to student recruiting information Notwithstanding section 1232g(a)(5)(B) of this title, each local educational agency receiving assistance under this chapter shall provide, upon a request made by a military recruiter or an institution of higher education, access to the name, address, and telephone listing of each secondary school student served by the local educational agency, unless the parent of such student has submitted the prior consent request under paragraph (2).

(2) Consent (A) Opt-out process A parent of a secondary school student may submit a written request, to the local educational agency, that the students name, address, and telephone listing not be released for purposes of paragraph (1) without prior written consent of the parent. Upon receiving such request, the local educational agency may not release the students name, address, and telephone listing for such purposes without the prior written consent of the parent.

(B) Notification of opt-out process Each local educational agency shall notify the parents of the students served by the agency of the option to make a request described in subparagraph (A).

(3) Same access to students Each local educational agency receiving assistance under this chapter shall provide military recruiters the same access to secondary school students as is provided to institutions of higher education or to prospective employers of those students.

(4) Rule of construction prohibiting opt-in processes Nothing in this subsection shall be construed to allow a local educational agency to withhold access to a students 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 paragraph (2)(A).

(5) Parental consent For purposes of this subsection, whenever a student has attained 18 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.

(b) Notification The Secretary, in consultation with the Secretary of Defense, shall, not later than 120 days after December 10, 2015, notify school leaders, school administrators, and other educators about the requirements of this section.

(c) Exception The requirements of this section do not apply to a private secondary school that maintains a religious objection to service in the Armed Forces if the objection is verifiable through the corporate or other organizational documents or materials of that school.

(Pub. L. 8910, title VIII, § 8528, formerly title IX, § 9528, as added Pub. L. 107110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1983; renumbered title VIII, § 8528, and amended Pub. L. 11495, title VIII, §§ 8001(a)(6), 8025, Dec. 10, 2015, 129 Stat. 2088, 2089, 2114.)

Notes

Editorial Notes

Prior ProvisionsA prior section 7908, Pub. L. 8910, title IX, § 9208, as added Pub. L. 103382, title I, § 101, Oct. 20, 1994, 108 Stat. 3802, related to Native Hawaiian special education programs, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107110.

Amendments2015—Pub. L. 11495, § 8025, added subsecs. (a) to (c) and struck out former subsecs. (a) to (d) which related to policy regarding access to student recruiting information, notification of requirements of this section, exception for a private secondary school that maintains a religious objection to service in the Armed Forces, and special rule regarding Connecticut State law, respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 AmendmentAmendment by Pub. L. 11495 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 11495, set out as a note under section 6301 of this title.