Law / United States / Nebraska

Military recruiter access to high school students' routine directory information and the parent opt-out

Military recruiter access to student directory information, Neb. Rev. Stat. 79-2,156

In force.

A data subject rights rule binding government bodies.

Obligation class
Data subject rights, Disclosure

What it requires

  • If you are a school district, adopt a policy giving military recruiters, on request, access to routine directory information for each student in a high school grade, except where a parent's or guardian's request under 79-2,156(2)(a) applies (Neb. Rev. Stat. 79-2,156(1)).
  • Do not release a high school student's routine directory information, meaning name, address and telephone number, to a military recruiter after the parent or guardian has submitted a written request, unless the parent or guardian gives prior written consent (79-2,156(2)(a)).
  • Notify the parents and guardians of each high school student of that option within thirty days before or after the start of each school year, and within thirty days after a new student enrolls (79-2,156(2)(b)).
  • Adopt a policy giving military recruiters the same access to a student in a high school grade as postsecondary educational institutions or prospective employers of such students have (79-2,156(3)).
  • Do not withhold routine directory information from a military recruiter through any process that differs from the written consent request process in 79-2,156(2)(a) (79-2,156(4)).
  • When a student reaches eighteen years of age, direct the consent rights and the notice to the student, and tell the student that a request a parent or guardian made earlier expires (79-2,156(5)).

These lines are LexLint's reading of the law's text.

What this law does

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Research summary

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The school board of each school district must adopt a policy providing military recruiters, on request, access to routine directory information for each student in a high school grade, except as the parent or guardian opt-out in the section provides. The school board must also adopt a policy giving military recruiters the same access to a student in a high school grade as is provided to postsecondary educational institutions or to prospective employers of such students.

A parent or guardian of a student in a high school grade may submit a written request that the routine directory information not be released to a military recruiter without the parent's or guardian's prior written consent, and on receiving the request the district may not release it.

Within thirty days before or after the start of each school year, and within thirty days after a new student enrolls, each school district must notify the parents and guardians of each high school student of that option. A school board may not adopt a policy that withholds routine directory information from a military recruiter through any process that differs from the written consent request process in the section.

When a student reaches eighteen years of age, the permission or consent required of, and the rights accorded to, the parents or guardians under the section are required of and accorded to the student alone. Routine directory information means a student's name, address and telephone number. Except as federal law otherwise provides, the section does not limit the applicability of the federal Family Educational Rights and Privacy Act of 1974.

Legislative Bill 575 was approved by the Governor on and required the policies relating to routine directory information and access to students by military recruiters.

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