The federal No Child Left Behind Act of 2001, the federal National Defense Authorization Act for Fiscal Year 2002, and Pennsylvania Act 10 of 1991 require school districts to provide postsecondary institutions, military recruiters, and prospective employers equitable access to secondary students. These federal and state laws require schools to provide postsecondary institutions and military recruiters (not prospective employers), upon request, access to the names, addresses and telephone listings of junior and senior students--unless the student or the parent/guardian requests that information not be released without prior written parental consent. The district must notify parents/guardians of the option to make such a request.
The federal Family Compliance Office recently has advised that a student's own request to opt-out must be honored, even when the student is not 18 years old. However, the notification requirement applies only to parents/guardians. Act 10, the state law, mandates additional requirements and timelines. The school district must make available, by the first day of the academic year, a list of seniors who will graduate that academic year. Military recruiters are entitled to request and receive the list throughout the year. In addition, the school must notify parents/guardians in writing of this obligation and allow them at least 21 days to make a written request to be excluded from the list before it is available for release. Parents/Guardians must be notified of this information no later than the end of the student's junior year. The guidance office mails the opt-out letter to all junior students in the spring of the junior year.