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Article
Educational Policy
Brian W. Lagotte1
Abstract
Although a decade has passed since passage, few have noticed that section
9528 in No Child Left Behind (NCLB) mandates schools to assist military
recruiting.This article focuses on administrators’ responsibility to inform par-
ents of their privacy rights and the struggle to manage recruiting in schools.
I highlight two conclusions with policy implications. Although parents and
school staff speak as adversaries regarding military recruiting in public high
schools, they are both accurate in their positions. Furthermore, recruiters are
overly aggressive in schools, resulting in stress for staff or a strategic move to
isolate individuals who become liaisons with the military.
Keywords
education reform, educational policy, militarization, legal issues, No Child Left
Behind Act, policy implementation, qualitative research, federal policy
1
University of Wisconsin-Madison, Madison, USA
Corresponding Author:
Brian W. Lagotte, University of Kansas, 1450 Jayhawk Blvd., Strong Hall #38, Lawrence,
KS 66046, USA.
Email: lagotte@ku.edu
Background
Although a decade has gone by since its passage, few have noticed that sec-
tion 9528 in No Child Left Behind (NCLB) mandates that schools assist
military recruiting in two distinct ways. One, schools must provide student
directory information to local military recruiters—though they must inform
parents of their right to protect their children’s privacy. Second, schools must
allow military recruiters access to high school campuses equal to university
or career recruiters (Feder, 2008; Furumoto, 2005; Zgonjanin, 2006). If
schools fail on either the information sharing or campus access stipulations,
they lose important federal funding. There are no oversight requirements,
however, for the activities of military recruiters in and around high schools.
As such, little evidence exists about how the NCLB military recruiting man-
dates have been working in school districts around the country.
A number of projects in the last decade examined a general trend of mili-
tarization of the educational space, but did not evaluate the specific policy in
NCLB and its effects on individual practices. For example, the edited volume
by Saltman and Gabbard (2003) contain a number of chapters addressing
militarism in schools, specifically speaking of Junior Reserve Officer
Training Corps (JROTC). Henri Giroux (2004, 2007) has been consistently
critiquing militarism of the public sphere, but his longer education work on
this topic focuses on higher education, serving as a useful comparison.
Combining privatization, militarism, and high schooling, Pauline Lipman
(2004) has done powerful work in Chicago schools, but not specifically on
the policy I evaluate. Furthermore, from a slightly different and important
direction, public health experts are questioning the legitimacy of aggressive
military recruiting of youth (e.g., Hagopian & Barker, 2011; Hardoff &
Halevy, 2006). Elsewhere, I have done historical analysis of the military/
education policy connection (Lagotte, 2006), shown how students can shape
education policy around military encroachment (Lagotte, 2010), and illus-
trated the neoliberal turn to convert military recruiting in schools into a high-
powered sales campaign (Lagotte & Apple, 2010). However, while there is
no shortage of academic journal articles on militarism, schools, and society,
even these works have not been extensive examinations of the implications of
the specific section in NCLB, all the more important as current reform accel-
erates (Anderson, 2009; Evans, 2008; Gill, 2004; Lipman, 2005; Lutz, 2002,
2006; Lutz & Bartlett, 1995; Ross & Gibson, 2007). Thus, while interest is
high regarding the issue of militarization and public schooling, the research
has not been policy focused just yet. This article serves as a supplement to this
body of research, and provides a specific analysis of policy implications.
The language in the bill is brief and seemingly straightforward. The most
important portions for the analysis are the first three paragraphs.
SEC. 9528. Armed forces recruiter access to students and student recruit-
ing information.
(a) Policy—
(1) Access to student recruiting information—Notwithstanding section
444(a)(5)(B) of the General Education Provisions Act and except
as provided in paragraph (2), each local educational agency receiv-
ing assistance under this Act shall provide, on a request made by
military recruiters or an institution of higher education, access to
secondary school students names, addresses, and telephone listings.
(2) Consent—A secondary school student or the parent of the student
may request that the student’s name, address, and telephone list-
ing 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.
(3) Same access to students—Each local educational agency receiv-
ing assistance under this Act shall provide military recruiters the
same access to secondary school students as is provided generally
to postsecondary educational institutions or to prospective employ-
ers of those students.
(b) Notification—The Secretary, in consultation with the Secretary of
Defense, shall, not later than 120 days after the date of enactment of
the No Child Left Behind Act of 2001, notify principals, school admin-
istrators, and other educators about the requirements of this section.
(c) Exception—The requirements of this section do not apply to a pri-
vate secondary school that maintains a religious objection to service
in the Armed Forces if the objection is verifiable through the corpo-
rate or other organizational documents or materials of that school.
(d) Special rule—A local educational agency prohibited by Connecticut
State law (either explicitly by statute or through statutory interpretation
by the State Supreme Court or State Attorney General) from providing
military recruiters with information or access as required by this sec-
tion shall have until May 31, 2002, to comply with that requirement.1
The two items that have proved to be the most controversial are the notifi-
cation of the right to opt out of distribution of directory information required
by the consent clause (a2) and the “same access” clause (a3).
Regarding the first issue, since there is no specific instructions as to how
schools or districts must notify parents, practices fluctuate, and the pattern in
the data below shows a lack of clarity and transparency. Therefore, parents in
my larger research sample often accuse schools of masking unpopular policies
with lax notification methods. They are kept out of the loop regarding military
contact with their children; for example, “there’s not many details talking
about military recruitment, not linking it to NCLB” (Wanda Reynolds, per-
sonal communication, June 25th, 2009);2 “it is not that easy to understand . . .
number one, you won’t get it in the first place if you’re not anticipating it”
(Heather Morris, personal communication, June 16th, 2009); and, “I’d like
more information about what this actually means” (Wendy Martin, personal
communication, June 9th, 2009). But, when the general topic of opt-out forms
comes up in an interview with an administrator, the opening epigraph shows
that Principal Newcomb sees where the conversation is going a mile away.
The issue is not “schools bury these notifications in the back of newsletters,”
it is “schools distribute important notification through monthly newsletters.”
Moreover, the majority of interviewees (including parents) reported that a
newsletter mailed directly to homes is the most effective way to get parents to
read these types of materials. Case closed, what is the problem?
Perhaps there is no problem. NCLB mandates that schools provide student
directory information to military recruiters and inform parents of their right
to opt-out of that process in writing. Schools distribute, not bury, that infor-
mation in newsletters, a process guidance counselors and principals say is
effective at increasing parental awareness. Parents who follow their chil-
dren’s schooling read it, decide if it is of interest, and acquire the opt-out form
according to those interests. Therefore, we must ask certain questions here.
Parents complain that schools do not distribute needed information clearly.3
Principals point to the clearly distributed notices in the newsletters to answer
this charge. Instead of asking who is correct, this article investigates how
each person is correct from their own perspective in order to provide more
specific ideas for policy intervention.
The second issue, the equality of access to high school campuses, proves
controversial because of the aggressive tactics recruiters employ once on the
school grounds. The claim that recruiters are overly aggressive due to a com-
plete lack of oversight comes directly from the United States government
itself. After the initial years of the new NCLB directives, recruiter misbehav-
ior reached such a level that the Pentagon publically suspended all recruiting
for one day to acknowledge there was a problem brewing. The Government
Accountability Office (GAO), in response to “overly aggressive tactics,”
which could taint the image of the military to the general public, investigated
“the extent to which DOD and the services have visibility over recruiter
irregularities; what factors may contribute to recruiter irregularities; and,
what procedures are in place to address them” (Government Accountability
Office, 2006). Although slightly all-encompassing, the GAO definition of
recruiter irregularity does serve use:
Therefore, the problem the GAO identifies is also a leading concern of this
research. Since very few people know the actual practices of recruiters in
schools, and because the NCLB legislation makes no mention about how to
monitor these practices, abuse is prevalent.
The type of abuse also varies. Misbehavior can be as simple as showing up
to a school for a visit without making an appointment or as serious as sexual
assault on high school children by military recruiters. Moreover, the incidents
are increasing. Documented in the GAO report, and then synthesized by both
the New York Times and the American Civil Liberties Union (ACLU), a sam-
ple of the statistics shows:
Research Framework
My conceptual framework focuses primarily on a Gramscian (1971, 1994;
Gramsci and Forgacs, 1988) understanding of power struggles between
groups shaping understandings within particular social fields to privilege their
own interests. In Gramscian terms, groups attempt to create and disseminate
hegemonic ideologies in order to shape the general understanding of military
recruiting in ways that they can reap the greatest benefit. For an example in
broad generalizations, parents want to protect their children’s privacy, school
staff want to effectively run schools, and recruiters want to make monthly
quota, so each group wants everyone to consent to their particular goal.
Gramsci would refer to this, in an unfortunate military metaphor, as a “war of
position” where groups move to occupy and control social spaces.
The war of position encapsulates the struggle of groups to have their explana-
tion of social conditions in particular fields take precedence so the group’s inter-
ests are served best. This research addresses the field of “high school military
recruiting,” which includes the physical spaces of recruiting, the actors touched
by the project, and the discourses associated with the process. For example,
when asking “what is the role of military recruiters in high schools,” competing
explanations exist. Recruiters would like most people to believe that recruiting
is merely career counseling; they “just want to give [students] the information”
(Schwom, 2006). Recruiters would like more parents to believe that they are
“not creating killers. What we are creating is citizens for tomorrow” (Freking,
2009). So, recruiters are counselors just presenting information for an alterna-
tive path after high school, one which students who have few other options may
find as the perfect opportunity to raise their station in life. The military would
like this to be a strongly hegemonic discourse, meaning that many more people
consent to its truth than doubt its accuracy.
Currently, the main competing discourse it that military recruiting in high
schools is a sales campaign, where recruiters use sophisticated marketing tech-
niques to pitch a life in the armed forces as a commodity. Recruiters have their
own sales quota as their top priority, not necessarily the futures of the high school
students with whom they interact. Evidence for the second narrative abounds.
First, the three main research studies dealing specifically with section 9528—a
Government Accountability Office (2006) report, a Rutgers Law School Study
(Venetis, 2008), and an ACLU (2008) study—highlight the aggressive nature of
recruiting. Second, the majority of parents, school staff, soldiers, and even the
navy recruiter I interviewed never challenged the notion of recruiting as sales. We
had lengthy discussions on the effects of recruiting as sales, but few had any
reservations discussing the recruiting as marketing. Finally, literature and media
provide a variety of instances where recruiting is sales (e.g., Davenport, 2004;
Davey, 2004; Marshall, 2007; McCarthy, 2005; Schwom, 2006; Shartin, 2004).
Even in the face of this evidence, the recruiter as salesman narrative is not the
hegemonic discourse; that is, not everyone in the field of military recruiting con-
sents to that belief. And, the continuing success of the military in accessing high
school students to pitch is related to the amount of resources (e.g., political power
and money) the Pentagon has versus parents or schools.
The concern is that groups with different access to social and material
resources can, instead of attempting to increase transparency and mutual
understanding, skew the consent of less powerful groups. In this case, groups
may have certain beliefs, “common sense” understandings, that are not entirely
accurate or helpful. Common sense understandings, in Gramsci’s terms, have
two particular characteristics: One, the beliefs may not exactly be in line with
the evidence (but the evidence may not be available); and, the understanding
may induce practices that are against one’s self interests. These characteristics
point to the importance of transparency, education, research, and oversight.
For example, if parents believe that recruiting is career counseling during
infrequent school visits because they lack evidence that recruiters are pitching a
hard sell to their kids in school, they may be consenting to a belief that goes
against the educational interests of their children. Transparency about recruiting
practices (generated by strong oversight) can provide an appropriate amount of
evidence for individuals to decide if these practices are in their best interest (for
Gramsci, these more accurate understandings are “good sense”). Furthermore,
sales is normally a strategic presentation of information rather than transparent,
so this is perhaps not the best vehicle for introducing children to a career in the
armed services. Finally, since there has been little oversight or attention to the
consequences of section 9528, research can provide evidence for potential
reform. With this conceptual framework in mind, we can look at how adminis-
trators understand the recruiting mandates, how well these understandings align
with evidence, and how these beliefs influence practices in and around schools.
In line with the conceptual frame, I conducted an extended multisited eth-
nographic evaluation of the effects of this little known section of NCLB. This
article is a piece of a larger research project—which included 25 participants
representing four different high schools, three different districts, and two dif-
ferent states—and focuses only on administrators’ responsibility to inform
parents of their privacy protection rights and the struggles to manage military
recruiting in schools. The entire research project deals with a range of actors
to benefit from a multisited perspective (Abu-Lughod, 2005; Marcus &
Fischer, 1986) that includes a “vertical slice” of power relations (Nader,
1972, 1980). Different groups, with different capabilities, are included
because ethnographic curiosity in research on social control rests in groups
interacting through educational practices. If groups are interacting in differ-
ent social spaces, groups representing different levels of power and resources,
then looking vertically in multiple sites follows logically from the theory.
The careful connection between theory, methods, and data offer the
opportunity for a consistent logic throughout the argument. Unfortunately,
for publication purposes, it brings a certain limitation. Each of the policy
mandates implicate different actors interacting with school administrators:
Parents with the opt-out form and recruiters with the equal access to school
grounds. And, the amount of data in the overall project is immense.
Therefore, the choice is trying to stuff all the actors in one piece, which may
lead to a broad understanding with less depth, or focus mainly on the story
of one role in a series of separate pieces. I have chosen the latter, specifically
Parents don’t have the economic means, which sometimes means that
they don’t have the time, or the interest, to put in the schools that par-
ents . . . I mean, at Turtlecreek High, 32% of the parents have graduate
degrees. At Chelsea High, it’s like 1%. (personal communication, June
27, 2010)
differently than they did before JROTC, and before the switch in the
demographic of our school population. (Counselor Henderson, per-
sonal communication, March 15, 2010)
Counselor Bradford explains that the school is also flexible in the distribution
of materials (personal communication, March 24, 2010). They now provide
more information via the website, but they can send hardcopies through the
mail. Furthermore, the school can translate the materials into any requested
language.
Problematically, administrators sometimes speak about the effectiveness
of their parental notification without confidentially describing what is actu-
ally happening in schools. For example, above Counselor Bradford is speak-
ing about the lengths the schools goes through to inform parents. But, early
in the interview his answer about the notification methods was to say, “I think
it is advertised in some fashion, whether it be on the website. I think there is
a signature, um, something. I would imagine that. . . . All I know is that there
is an opt-out policy. Honestly I haven’t even seen the form, but I know it
exists.” So, when I ask Counselor Bradford a fairly basic question about prac-
tices, his answer is vague. “I don’t know exactly where it is or on what form,
but I am pretty sure it is out there.” But, when I ask a much more difficult
There is good sense in this argument. Perhaps policy researchers should think
about how much pressure directives place on principals to make every piece
of information parents receive salient enough to garner attention.
A principal, under the current pressures of educational reforms, cannot be
expected to foresee how any given notice would best be distributed in a for-
mat that will draw attention from 100% of parents. NCLB orders schools to
notify parents, so they send out the information in a newsletter. People do
read hardcopy newsletters—at least at Rockport. In his now familiar style,
Principal Newcomb can testify to this, “I know a lot of people read our news-
letter, because if it is a day late we start getting calls.” Now the argument
shifts into considering the issues revolving around a glut of information, not
a lack. If there is an overload of information, how do issues gain greater
salience than others for parents as individuals and perhaps “in general”?
Therefore, to help parents make decisions with fuller knowledge, we should
think of convenient modes to distribute information that increase the percent-
age of parents who find that information salient for their lives.
In Weston, the final city, the pattern of distribution holds steady with news-
letter mailings and registration forms, but the knowledge of school policy var-
ies. In Chelsea, Counselor Fairchild initiated a table during registration where
students and parents could find the opt-out form. Furthermore, “there are two
notices. At Chelsea we decided to notify twice in the newsletter—once in
August or July before they register and another in October” (Counselor
Fairchild, personal communication, June 27, 2010). At Turtlecreek, Counselor
Davenport was a bit less sure of school practices,
So, I think, the only time that really, that, what happens is that at reg-
istration in August, I don’t know if they give them directly to parents
or if they just put them on a table. I am usually in my office so I don’t
really know. Otherwise, I am guessing that it is probably something
that you download and print off. Or, and I am sure we have them in,
like, in the offices in the school. I don’t know for sure. But it’s the par-
ent’s responsibility to get it, sign it, and turn it in. (personal communi-
cation, June 17, 2010)
The counselor who volunteered to strictly monitor the relationship with the
military could clearly explain how his school handled the opt-out procedure,
going as far as proactively ensuring the forms were present at registration.
The counselor who did not have this responsibility could not speak to the
practices at his school with any certainty.
With the vertical data from Edmonville, the phrase “in schools” in the
claim above may be more complicated. Even at the district level, the
It’s not included in like, enrollment packets and handbooks when the
notice goes out, because we were finding people automatically signing
it and not knowing what it meant. We’ve taken that off because we
found that was confusing people. So, when we do our annual notice of
FERPA, families may request that nondisclosure of student informa-
tion form if they do want to restrict their students’ directory informa-
tion from public release. (personal communication, March 16, 2010)
Moreover, it was only a few years earlier (around 2006) that the Assistant
Superintendent of Edmonville schools even developed an actual nondisclosure
form. The form needed revision because of the confusion Jenkins describes
above. Basically, the form needed two sections: One for release of information
to yearbooks, local newspapers, and the like (according to Jenkins, parents “do
not mind the student directory being used in that way”); and, the other for the
military.
The person that had it when I came in really was, it was Counselor
Douglas, and he became, it became too much of an agitation for him.
He was just having a hard time controlling how emotional he became
over the issue. But, in the same sense, kind of let them run him over. I
mean, he has a hard time being assertive. He was happy to let it go. He
was a little over the edge. He became really angry a couple times at the
recruiters, and I just said that this shouldn’t happen. (personal com-
munication, June 27, 2010)
So, what we needed to do is call every branch of the service into the
office and explain to them what the law is, what their rights are, what
our rights are, and if they have any questions. We will clarify it, we will
set the dates up for visitations, at that point of time. And, we let them
understand that they do not have the right to walk into this building
without just cause. We called on every branch of the service, people
came, we told them what was expected of them, and what our stan-
dards are. (Counselor Fairchild, June 27, 2010)
Recruiters would no longer be able to come and go as they saw fit, there
would be no lunchroom visits with free t-shirts, and there would certainly be
no more Blackhawk helicopters flying onto campus.
Most importantly, Counselor Fairchild pointed out that recruiters would
clearly understand that “they had no right to interfere with any teaching
moments that kids had.” That had not been the case in the past. Before, the
Marines had come to vocational classes (woodshop) and more traditional
academic classes (biology) to teach a lesson gained from their experiences in
the armed forces. Counselor Fairchild said, “I had one guy come in with his
uniform and teach the class.” So, the new regulation was that the recruiters
could come in plain clothes as a guest lecturer if the materials remain solely
on the curriculum designed for the course. That style of visit never material-
ized. “It was total recruitment. It was hoo-rah-rah, that kind of stuff.”
Therefore, Counselor Fairchild suspended the practice.
The new framework consisted of two visits per year. One event was junior
night, where colleges, companies, and the armed forces could have a table to
recruit students. Then, they had one flexible visitation during the other semes-
ter. “So, it was equal access.” It was equal access in the first sense mentioned
above, the colleges come twice and the military can come twice. This arrange-
ment was acceptable for everyone but the Marines. Counselor Fairchild
reports that “the other recruiters didn’t like it, but they respected it.” At
Chelsea, like the example above, the one branch was more aggressive than
the others. “The Marines are always trying for more. They tried to figure out
how to get in. He would call and say ‘I need to come in and get so-and-so’s
grades.’” As for a more direct issue of recruiting irregularity
He would come in and try to sneak in, but we had a visitation desk
because security is very tight in high schools. They would call and say
that this guy tried to sneak in, and he went to the music room. He went
in one time [because] this Marine had a senior that [he was] enlisting
to play music. I said, “what are you doing here?” I got upset. “You
know the rules. You talk about, you marines talk about trust and
respect? What are you doing here? You are not respecting me, I am
suppose to trust you. What’s your code again? Honor, trust,” I said,
“how do you explain this?” He wouldn’t say a word. He was a snake,
he was just a snake. (Counselor Fairchild, June 27, 2010)
This is one struggle that occurs between school guidance counselors and mili-
tary recruiters over the school space—battling for position in the longer war.
Some part of the policy is not working when school-level administrators
must take time away from student services to call law enforcement on
I’ve been here 34 years and so, when I first started here at Rockport,
everybody was college bound, and now it switched to our demographic
is not all college bound, we have a very highly respected JROTC pro-
gram here, and so I think that plays into the whole thing also. (personal
communication, March 15, 2010)
The career center at Rockport, once a vibrant center for industry and aca-
demic opportunities, also monitored the military recruiting visits before
JROTC took over. But, the aggressiveness of the recruiters soon over ran that
position. “We have more kids in recent years who go on to combine the mili-
tary with university in the ROTC program.” Instead of working through the
center and Counselor Henderson, the recruiters were treating the school as an
open invitation. Therefore, without funding for career counseling and an
increasingly stable military relationship, Rockport High seems to have made
its decision on what type of adult it will educate. As a painful epilogue,
Counselor Henderson closes this argument with the final evidence, “Case and
point, [my] position is going next year.”
It would appear on the surface, at least, that the Rockport context would
be fertile enough for military representatives, so there would be little need for
aggressive irregularities. The JROTC program is funded, the career counsel-
ing program is not. Students used to be college prep, but now that option
eludes many. Students used to aspire to firmly middle-class careers and life-
styles, now the city’s economic situation leave options for few. The school is
developing an award winning color guard that performs locally and nation-
ally, so militarism was a greater, and more positive, influence than in Chelsea
High. What more, one could ask, do recruiters want from high schools than
that? Recruiters want the one thing that all the other bells and whistles are
designed for: The greatest amount of direct, one-on-one face time with chil-
dren as possible (preferably without parents around).
Even with a school administration as willing to accommodate the military
relationship as Rockport, the principal drew a clear line between student time
and recruiting time. Then, he spent many hours of many days putting recruit-
ers back on the correct side. On top of all the “real” school stuff the principal
addresses, tracking and reprimanding military recruiters on his campus wore
on Principal Newcomb. This part of the story resembles Chelsea. Instead of a
framework of practices, one individual was responsible for constant over-
sight of aggressive invasions of his school space.
There were times when I was just being bombarded by these people. I
can think of two situations, at least, where military recruiters were
showing up after they had been asked to work through our system.
And, they showed up anyway and were pursuing kids that did not nec-
essarily want to be pursued. I mean, they would get kids and talk to
them after their lunch hour and kids were being thirty minutes late to
class. Because, military recruiters, quite frankly, can be really aggres-
sive, and they can show up in classrooms. They can show up. . . I mean
they will . . . they really get aggressive with kids. Some of them really
. . . um . . . really can harass kids. (Principal Newcomb, personal com-
munication, March 10, 2011)
In the end, at Rockport this constant oversight was such a distraction that
Principal Newcomb simply delegated it away. The school relies on the lead
teacher of the JROTC program to serve as buffer between administration and
recruiter.
Major Mannheim handles all issues regarding school visits, such as indi-
vidual appointments, lunchroom tables, and military days where he brings in
soldiers repelling from combat helicopters and driving tanks and Humvees
through the back parking lot and onto the football field.
Major Mannheim has a good relationship with all the services and all
the recruiting. In fact, we brought in [the] recruiter’s supervisor, and
we reached an understanding about why we needed to maintain some
kind of control over it, so that it wasn’t intruding on class time. It was
probably more me just getting . . . it has taken me out of the loop, I’ve
got other things to do. Finally, the stock answer is that all military
recruitment goes through our military recruiting coordinator, Major
Mannheim. (Principal Newcomb, personal communication, March 10,
2011)
It may be true that a senior military representative can take more of an author-
itative role with new recruiters, and the recruiting irregularities will decrease
over time. Perhaps all the individual meetings are arranged in a school space
by Major Mannheim, however, and the new policy is simply moving the has-
sle out of the busy principal’s inbox. This would require a longer concen-
trated observation/interview protocol within the one school, but for now we
can explore the repeated theme between Chelsea and Rockport. Recruiters
find access, no matter what. If the liaison at the high school is not helping this
project, recruiters will wear that individual down until she (or the recruiter) is
replaced—hopefully with an individual more “compliant” than the previous.
That’s the thing that is tough because they offer all these things, and you
think they are making this offer to be visible, to be a presence, so that
people stop by. But, there is always a string attached to everything that
their doing. “Oh, we need to talk to the football team now.” So, that’s
the feeling I get. I used to teach econ, so I am totally aware of “no such
thing as a free lunch.” Well, with them, there is no such thing as a free
lunch. (Principal Anderson, personal communication, March 9, 2010)
I know exactly what it was. Our small engine teacher has lawnmower
races everyday in the spring. Before we had turf fields, they would do a
dirt track on the softball field. They would do a tractor pull where they
would pull some sled. And then, they have like a hot rod show where
they show them all off and give varying rewards. Well, it was getting
bigger and bigger and bigger. So, they decided that they were going to
combine some Career Technology Education fields, and they were going
to have an art show, and they were going to have this and have that.
So, we pulled this all together, and the armed forces recruiter came in
and said we have marketing money, we’ll do all this stuff and we’ll
have some t-shirts printed with our logo on them. I don’t remember
exactly what they said, but we’ll do all this and “all we need is a pur-
chase order.” So, they went through and pulled all this stuff together,
and you have $2500 to work with, and we had spent $2100, and then
the check never came in. And, so we ended up having to deal, and they
kept going around and around saying, “it didn’t get sent off, it didn’t
get sent off, it didn’t get sent off.” Well, we basically said that we have
this issue, we are going to limit your access to campus, you can come
once a quarter and this and that. Things went really, really bad.
Then, one of the guys said he would write a personal check. Well, the
personal check came after I had called the Brigadier Commander and
said look, what is going on here? We have got all these bills, this is
stuff you said you were going to pick up, and it has your logo on it. We
ended up having a big sit down with someone from the Regional
Headquarters last year.
It’s one of those things where they have two commanders that came in
and the main recruiter guy here, and they want you to tell them every-
thing bad that happened in front of the other guys. I said, “we’re not in
the military. There were mistakes made, he can tell you the truth. If you
want someone to tell you what happened have him tell you and I will
sit here and listen—I’m not going to play that game.” Then, they came
around wanting to meet with me in July and August telling us that they
have a new recruiter.
So, it is evident that Principal Anderson and Yellowbrook High took this per-
sonally, as one might when left to pick up a tab that was promised to be taken
care of. But the interview happened after this event, therefore the newfound
criticality about military relations could merely reflect this affront. We can
ask, hypothetically, what would have happened if the recruiter simply had
promptly paid? Would there have been Army sponsored t-shirts and a
NASCAR present at the lawnmower races the following year, perhaps with a
bigger budget?
The new recruiter illustrates an established theme as well, finding a strategic
link within the school. As Principal Anderson provided so much insightful cri-
tique for this article, he should have the stage to make the last analytical point:
that they’ve pegged for that assignment. It seems you want to send
them back to their hometown.
Not just the hometown hero, but the registrar’s son. Normally, the registrar is
the one responsible for ensuring that student contact information gets to
recruiters. That is certainly a clever personnel decision.
Conclusion
The goal of this article was to highlight the work of school administrators man-
aging the twin mandates in section 9528 of NCLB. Driven by a theoretical
framework that examines the struggle of groups with various resources to con-
trol framing in different fields of interaction, the study relied upon a multisited
ethnographic approach, including a vertical perspective of administrators from
the district to the school. The findings show that administrators sometimes con-
flate the FERPA and NCLB regulations on opt-out notification, decreasing the
transparency of the military project. Also, a shifting understanding of “equal” in
the equal access clause sometimes allows recruiters to harness their vast
resources in aggressively targeting children and school staff. Finally, the incon-
sistency between states, districts, and schools in executing the provisions illus-
trates the need for a systematic system of tracking and oversight of recruiter
practices in and around schools. The remainder of the conclusion provides
related policy implications, which address these three general themes.5
First, schools and districts can design their own opt-out form to distribute to
parents and still align with the NCLB regulations. To target the confusion about
the form, I would suggest a simple one page document that gets mailed directly
to the home—not just posted on the school or district website. The form might
have four simple questions with a “circle yes or no” format: Do you want your
child’s directory information to go to colleges and universities?; Do you want
your child’s directory information to go to local media (e.g., athletic or honor
role achievements)?; Do you want your child’s directory information to go to
private corporations (e.g. class ring or yearbook companies)?; and, Do you
want your child’s directory information to go to military recruiters? Districts
can adjust the number and type of questions to suit their needs, but the main
point is to educate parents on what specific third-parties are collecting student
data and allow them to make more fine-tune decisions on who may receive the
directory listing.
As argued above, the knowledge resources employed by administrators
and parents to understand the opt-out process are different enough to disrupt
clear transmission. When administrators say “exercise your FERPA rights and
responsibilities,” parents do not hear, “do you want military recruiters to get
your child’s directory information?” The layers of meaning that separate each
party, even when engaging in the same concept “the annual notification of
student privacy protection,” are simply too many for shared understanding.
The brief message is suppose to immediately register, in a parent’s mind, to
“this includes a form you should fill out to decide if the military and/or col-
leges get your child’s contact information.” But to make this connection as
one reads the privacy notice in a newsletter one must know: Schools regularly
provide third-party vendors student directory information; districts often sub-
sume NCLB notification under the broader FERPA notification; NCLB pro-
vides the military all-access privilege to this information; there is a form that
you can sign to limit this distribution if you so choose; and, if you contact the
school or the district office, they will send you the form. Parents do not have
that background information to make that leap of inference. Practices directed
from much higher levels are embedded in a vague “polices” that obscure the
everyday implementation and decrease the effectiveness of the policy.
Effective for whom, however, is a question that looms large. As written and
implemented, the policy is awfully effective in filling recruiter databases with
millions of children’s names, addresses, and telephone numbers (at the very
least). Evidence may not point to a conscious decision to design policy in this
frame, but the Pentagon is certainly happy to capitalize on the arrangement.
The policy structure for recruiter recourse and penalizing schools for noncom-
pliance is much clearer than the recourse for schools and penalizing recruiting
irregularities. Furthermore, the newest reform proposal by Representative
Duncan Hunter (R-CA), titled the Fairness for Military Recruiters Act, basi-
cally states, in the clearest of language, that any whiff of an opt-in process will
be prohibited. Therefore, perhaps the policy was not purposely designed to
privilege recruiters over parents, but it is currently functioning as such, and the
Pentagon is working to preserve that advantage.
Unfortunately, even when schools just list the FERPA notice in the back of
a school handbook, the majority of times schools are deemed to be in compli-
ance. As the controversy around the military data collection through NCLB
gained more visibility, Jody Feder (2008) provided a lengthy congressional
legal review arguing that the NCLB requirements squarely fell under the
FERPA protections (even though some details differed, such as who could
actually opt-out). If parents (and sometimes guidance counselors and princi-
pals) are unaware of the opt-out process, but schools are in full compliance of
the policy as is, then there is something confusing with the policy in itself.6
Thus, a brief single-page form, where parents can simply circle a yes or no
and mail in back to the school/district, can do a significant amount of
educative work. Keep in mind, the cost of mailers in a time of austerity must
be overcome, and parents who do not return the forms must understand the
data is distributed anyway.
The second suggestion, which does not have the same budgetary or logis-
tics complications as the first and aligns with NCLB, is for schools to inter-
pret the “equal access” clause to mean an equal amount of visits rather than
equally unlimited access. For example, in Chelsea High recruiters could
come once in the fall and once in the spring because universities and employ-
ers could come the same amount of times. Furthermore, these visits had staff
oversight and were conducted in the evenings, after the school day. In the
other schools, however, any third party could come as many times for which
they had the resources. And, while the universities and employers were still
able to come once or twice a year, the military had the means to: come once
or twice a month; set up tables in the foyer; bring climbing walls to the caf-
eteria; transport a Humvee, Blackhawk helicopter, NASCAR, and entertain-
ment semitruck to campus; visit band classes; and, have a color guard perform
at football games (to mention a few examples). The point being that relative
to universities and employers, the extraordinary budget that military recruit-
ers have to work with completely distorts the word “equal” when the clause
is defined as equally free access.
Finally, the equal access discussion draws attention to the level of aggres-
sion expressed by recruiters seeking access to children. The repeating aggres-
sion in the stories from schools above, even under quite different comfort levels
of the military/school relationship, begins to form a worrisome theme. When
listening to administrators describe how recruiters conduct themselves in
schools, a two-prong strategic infiltration of the school grounds takes a rough
shape. One, do anything at all to speak with children individually, even if that
means breaking school protocol. Two, aggressively target individuals within
the administration that will provide the easiest path to the children. If they do
not, wear them down until they are replaced by someone who will. The armed
forces recognize this maneuver and fold this tactic into the overall strategy.
Pencils, bagels, and trips to the nearest base for simulation visits all round out
the many perks involved with being a military liaison—or, Center Of Influence
(COI).7 The conflict between staff and recruiters, and the targeting of individu-
als in schools, can be tempered by a system of tracking practices.
Oversight policies in schools and districts should avoid forcing this
responsibility—to regulate, oversee, and reprimand military recruiters—
upon only guidance counselors or principals. Although I am highly sympa-
thetic to the GAO, ACLU, and Rutgers reports cited in this article, I differ by
arguing that having one member of school staff be the liaison with the
military is not the best decision. This individual not only faces enormous
stress, but if they are personally sympathetic to the armed services in general,
they could provide enhanced access to campus, students, and private data.
Keep in mind, overzealous critics of armed service careers can also exploit
this inconsistency to keep recruiters isolated during school visits—although
that is by far the exception rather than the rule. I claim that an overcompart-
mentalization of military relations in schools creates an environment where
only one actor knows what school practices actually are; therefore, these key
individuals have an enormous sway over the type of relationship the school
has with the military (and are targeted by recruiters for this reason). This role
becomes tactically crucial to occupy, so to mitigate this move, schools should
have a formal system in place for tracking recruiting behavior in schools, and
all staff should have an equal responsibility to oversee the system once in
place. Understandably, this may create additional bureaucratic headaches on
already overworked staff in an era of “accountability,” but until Congress
looks to reform this section of federal education policy, local educators can
protect students.
Considering that NCLB will be renewed in some form, perhaps education
policy that enables military representatives to harass children and administra-
tors, encroach on educational space, and crowd out other post–high school
opportunities requires reevaluation. Although I understand that a process to
collect enough evidence from enough schools to definitely form a framework
that decreases recruiting irregularities is in itself no mean feat, the evidence
to date is such to confidently claim that we should at least immediately take
a look to make sure there are not systemic problems within the current policy.
This article is merely an addition of fieldwork to a stream of evidence, start-
ing within the government itself, that says lightly regulated military access
enables abusive practices around children.
Funding
The author received no financial support for the research, authorship, and/or publica-
tion of this article.
Notes
1. Retrieved from the Department of Education website, http://www2.ed.gov/
policy/elsec/leg/esea02/pg112.html#sec9528
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Author Biography
Brian W. Lagotte is an anthropologist focused on issues of educational policy. His
takes a critical view of law in action to examine how federal and local policies can
work to the benefit of some and/or to the harm of others.