Student Privacy Protection Act of 2009

Student Privacy Protection Act of 2009 [sic]- Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise provisions for military recruiter access to secondary school student information.

Requires ESEA-assisted local educational agencies (LEAs) to notify each secondary school student's parent of the option to consent to a release of the student's name, address, and telephone listing to military recruiters, and to give the parent the opportunity to provide such consent in writing. Requires such LEAs to provide military recruiters, upon their request, with access to such information on a student only if the student's parent has given such written consent.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 392 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 392

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 23, 2013

 Mr. Honda (for himself, Mr. Conyers, Mr. Grijalva, Ms. McCollum, Ms. 
 Moore, Mrs. Napolitano, Mr. Polis, and Mr. Van Hollen) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
 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 
2009''.

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.
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