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"Airtight Opt-Out Plus" Resolution (this
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history and document for Opt-In (link)
"AIRTIGHT
OPT-OUT PLUS" TRUTH & PRIVACY
RESOLUTION FOR THE SANTA CRUZ CITY HIGH SCHOOLS - 10/14/03
WHEREAS: High school students are vulnerable
to the U.S. Military’s
$2.4 billion (FY 2002) recruiting efforts and the military’s
new open door access to student names, addresses and telephone
listings which is mandated by Section 9528 of the “No Child
Left Behind Act” (NCLB) of 2001 under threat of loss of
federal funding for schools; and,
WHEREAS: On March 12, 2003 the Youth Alliance of Santa Cruz
High School proposed to the Santa Cruz High School District
a resolution that creates an “opt-in” policy for
release of directory information to military recruiters which
stipulates that contact information will only be released to
military recruiters with prior written parental consent; and,
WHEREAS: On March 26, 2003 the Santa Cruz High
School District adopted the Youth Alliance proposal as Resolution
#33-02-03.
The “opt-in” procedure was successfully administered
in school year 2002-03; and,
WHEREAS: After receiving a joint letter from
the U.S. Department of Education and U.S. Department of Defense,
Jack O’Connell,
State Superintendent of Education, notified the Santa Cruz High
School District, in a letter dated August 21, 2003, that the “opt-in” policy “may” not
conform to the NCLB Act and that federal funding “may” be
withheld from the district; and,
WHEREAS: The alliance that initiated the “opt-in” resolution
remains concerned about the issue of student vulnerability to
military recruiters, recruiter aggressiveness and misleading
information. Additional concerns now include: Department of Defense
interference with public education and the extortion implied
by the threat of withdrawal of funds for activities which have
nothing to do with public education; and,
WHEREAS: To continue its mission of educating local youth in
the best possible manner, the Santa Cruz High School District
cannot financially afford a loss of federal funds, nor can it
morally afford to ignore the concerns of the community for student
and family privacy; and,
THEREFORE BE IT RESOLVED: That the Santa Cruz
High School District directs the Superintendent and staff to
develop, for the 2003-2004
school year, a bi-lingual (Spanish-English) “opt-out” letter
form to send to high school junior and senior students and to
their parents; and,
BE IT FURTHER RESOLVED: That the Santa Cruz High
School District directs the Superintendent and staff, for the
2004-2005 school
year and subsequent years, to revise the student Emergency Card
to prominently display the form which enables parents and students
to “opt-out” of directory information releases to
military recruiters; and
BE IT FURTHER RESOLVED: That the “opt-out” form
and procedure not be co-joined with similar consent forms or
decisions about receiving scholarship, employment, or college
information, but be separately processed and identified on the “opt-out” form
as pertaining solely to non-release of student directory information
to military recruiters; and,
BE IT FURTHER RESOLVED: That at any time a student
or parent may change their “opt-out” card by requesting,
completing and submitting a new form; and
BE IT FURTHER RESOLVED: That the Santa Cruz High
School District directs that the Superintendent and staff to
include on all formal “opt-out” notification
documents contact information (name, phone, address, web site)
for local and national organizations providing information about
alternatives to military enlistment, including but not limited
to the Resource Center for Nonviolence (RCNV), the American Friends
Service Committee (AFSC), and the Central Committee for Conscientious
Objectors (CCCO); and,
BE IT FURTHER RESOLVED: That the Santa Cruz High School District
develop a packet of community resources for every secondary school
site which includes contact information for the previously identified
organizations, and including information for parents and student
on their rights to privacy from military recruiters and information
about the practices of military recruiters and student alternatives
to military service.
BE IT FURTHER RESOLVED: That to assure cost reimbursement for
procedures mandated by the NCLB Act, and as practiced by the
Los Angeles Unified School District, all institutional and government
recruiters shall be required to pay reasonable staff and services
costs for producing student directory information; and,
BE IT FURTHER RESOLVED: That to assure protection for student
and their families, entities receiving student directory information
will sign an affidavit identifying the specific use of the information
and certifying that use of the information conforms with all
city, state and federal laws regarding privacy and regarding
discrimination against legally identified minority groups; and,
BE IT FURTHER RESOLVED: To establish a standard procedure for
campus access, all institutional recruiters requesting campus
access shall submit a request in writing on official letterhead
at least 3 week in advance and that notice of their presence
will be available to the public at least 2 weeks in advance on
either a school web site or an administrative calendar which
may be accessed by a phone call to the school; and,
BE IT FURTHER RESOLVED: That the Santa Cruz City
Schools Board of Education send written correspondence to Congressman
George
Miller, ranking minority member of the U.S. House of Representatives
Committee on Education and the Workforce and co-author of the
NCLB Act, requesting that he submit amendments to the NCLB Act
requiring: that the “opt-in” procedure to become
a legal option for public school administration for the release
of directory information to military recruiters, that schools
be reimbursed for production costs of the student directory information
lists mandated by the NCLB Act, and that institutional and government
recruiters receiving the student directory information list sign
an affidavit assuring that all uses of the list conform to local,
state and federal laws pertaining to privacy and discrimination;
and,
BE IT FURTHER RESOLVED: That the Santa Cruz City
Schools Board of Education send written correspondence to the
California School
Board Association requesting support for the proposal sent to
Congressman George Miller. to
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“Airtight Opt-Out
Plus”
Federal Threat of School Funds Loss
Sparks New Military Recruiter
Control Policy
Release: Immediate
Information: Bob Fitch, 831/423-1626 x103
Research & Document Links: http://www.rcnv.org/rcnv/archives/2003/optin_fed_challenge.htm
“
Protection of student and family privacy and control of open
ended military recruiter access to students,” says Cece
Pinheiro, Santa Cruz City School Board member, “remains
the core of the new ‘Airtight Opt-Out Plus’ resolution” that
she and Student Board Representative Erin-Kate Escobar will introduce
at the October 22nd School Board meeting.
An “opt-in” procedure, requiring parental consent
before high schools release student contact information to military
recruiters, was unanimously adopted by the School Board in March
2003. However over $3 million in Federal school funding for the
district “may” be threatened because the U.S. Dept.
of Defense and U.S. Dept. of Education have determined that “opt-in” does
not comply with the NCLB Act. The district was notified of this
threat in August by Jack O’Connell, State Superintendent
of Education.
“Of course the military doesn’t want ‘opt-in’,” says
Student Board Representative Escobar. “‘Opt-in’ assumes
parental consent and family privacy; no parent consent, no student
information. Recruiters want “opt-out” because it
presumes they get student contact information unless the parent
objects in writing, a process easily ignored, or corrupted by
inadequate notice, cultural or language barriers.”
“Our Airtight Opt-Out Plus resolution requires bilingual
notification, and in future years, putting the “opt-out” form
on the student Emergency Card that each student completes at
the beginning of the school year.” The new resolution,
says Ms. Escobar, “ assures that students and parents are
completely informed about their legal right to deny military
recruiter personal information about their teenage children.”
The new resolution also requires that military recruiters reimburse
the Santa Cruz schools system for the cost of producing a student
directory list and requires certification of the intended use
of the list. These procedures are successfully used by the Los
Angeles Unified School District. The resolution also establishes
standard procedures to govern campus access by recruiters.
The school board is also directed to request
that Congressman George Miller, ranking minority member of
the U.S. House of Representatives
Committee on Education and the Workforce, and co-author of the
NCLB Act, submit amendments to NCLB Act requiring that: the “opt-in” procedure
be an option for public school administration for the release
of directory information to military recruiters and that schools
shall be reimbursed for production cost of student directory.
Interested individuals and organization are urged to attend
the October 22nd, 6pm meeting of the School Board at 2931 Mission
in Santa Cruz. For more information about the Airtight Opt-Out
Plus campaign support phone Josh Sonnenfeld, 831/295-2139.
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