...continued from page 7
This new restriction is in opposition to a bill introduced in 2007, intended to remove the burden of having to opt out. Rep. Michael Honda (D-CA) sponsored the Student Privacy Protection Act, which intended to turn Vitter's NCLB policy inside out, and require that parents/students opt in, rather than opt out. Honda's sponsored legislation died in committee. ESSA will preclude that as a future option.
However, DiSessa, of the MDE, stated, "(There) appears to be little, if any changes from NCLB to ESSA in this regard. We have been told that ESSA takes effect with the 2016-17 school year. For now, the language in ESSA, including opt out, is considered best practices. It's important that MDE currently is developing ESSA guidance to our local districts."
Regardless of whether a student/parent chooses to opt out of the school directory information that recruiters have access to, there's still a likelihood that an individual student would appear in an alternate database, managed by the U.S. Department of Defense (DoD), known as the Joint Marketing and Advertising Research & Studies, or JARMS recruiting database. It's "used by the services to educate potential prospects on the benefits of military services," states the website for the DoD. The information is collected in various ways, including purchasing data from the Department of Motor Vehicle, the College Board, the ASVAB test, and from private data brokers, according to the ACLU, which proceeded to file a lawsuit against the DoD in 2006.
In Hanson v. Rumsfeld, the ACLU, "claimed the unconstitutionality of the JARMS database," stated a release on the NYCLU website. "We succeed in getting a settlement forcing the DoD to stop collecting Social Security numbers, keep information for only three years, restrict the ages of students included in the database, and maintain better privacy standards for student information. Also, the DoD clarified the procedure for opting out of the database."