Recently a question has arisen concerning whether it is a violation of the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232a, or the Arkansas Freedom of Information Act (FOIA), Ark. Code Ann. § 25-19-101 et seq., to release student records containing student names, addresses, and telephone listings to United States military recruiters.
Section 9528 of Public Law 107-110, January 8, 2002, (No Child Left Behind Act of 2001), of 20 U.S.C. 7908 and Ark. Code Ann. § 6-13-626 specifically authorize the release of such records to official representatives of the United States military forces.
Section 9528(a)(2) provides, “A secondary school student or the parent of the student may request that the student’s name, address, and telephone listing described in paragraph (1) not be released without prior written parental consent, and the local educational agency or private school shall notify parents of the option to make a request and shall comply with any request.”
Questions about this regulation or requests for additional information should be addressed to Scott Smith at 501-682-4227.