militarytesting@yahoo.com
Maryland 1st to bar schools releasing tests to military
Associated Press
May 13, 2010
Kathleen Miller, the A.P. reporter, accurately reported on this issue.
"A first-of-its-kind law bars public high schools in Maryland from automatically sending student scores on a widely used military aptitude test to recruiters, a practice that critics say was giving the armed forces backdoor access to young people without their parents' consent."
Md. law limits military recruitment of high school students
Michael Birnbaum
Thursday, April 15, 2010
The Washington Post printed a correction to this article on Maryland’s new ASVAB law. The article incorrectly stated that students could individually withhold ASVAB test results from military recruiters. However, even the correction is misleading. It notes that parents can ask schools to withhold info (Section 9528 No Child Left Behind Act) and strongly implies that that might include ASVAB results and accompanying information. It says students don't have a "direct option" -- they also don't have an indirect option of their parents protecting the info on an opt-out form absent the new law.
Correction to This Article
"This article about a new law in Maryland incorrectly said that students can opt to withhold from military recruiters information from a military and vocational exam. Although parents can separately ask that schools withhold their child's name, address and phone number from military recruiters, students do not have a direct option on the test to withhold information from it, which includes, among other things, their Social Security numbers and test results. The new law requires schools to withhold the test information from recruiters."
Military aptitude tests ‘everything’
Altoona Mirror, Altoona, PA
Wendy Zook
May 23, 2010
The article erroneously claims, "Earlier in the school year, parents are given the option to remove their students' names from any military lists. If a student's name isn't on that list, the student can sign up for the test without their parents' permission or consent."
Parents are not given the right to remove their students' names from any military lists. The law the article is referring to is Section 9528 of the No Child Left Behind Act, Section 9528(a) and it only covers lists being forwarded to recruiters that contain names, addresses, and phone numbers of children. The No Child Left Behind Act does not cover the release of information gathered through the administration of the ASVAB test. Altoona schools may be reading it that way, but the administration of the ASVAB manages to circumvent the No Child Left Behind Act as well as the Family Education Rights and Privacy Act, FERPA. This explains why Maryland's finest legal minds felt it necessary to pass a law protecting the privacy of students who take the ASVAB.
Students across the country may opt out per the No Child Left Behind Act, but still have their information released to the Pentagon without parental consent when they take the ASVAB. It's an important distinction because the military collected the names of 92% of the 655,000 students who took the test last year. In 2007, the last year data is available, the Altoona Area School District automatically sent ASVAB scores to the Pentagon without parental consent. Parents, not the military should make the final decision regarding the release of private student information. This explains why the MD PTA's strong support of the measure. Parents want control of the release of information regarding their children. It's a privacy concern.
The Maryland law would still allow students to take the ASVAB in school. Students who are interested in military service or their parents would be required to share their results with recruiters, that's all. Maryland's schools will no longer automatically send all results to recruiters.
ASVAB test results may now be withheld from recruiters
Tampa Military Headlines Examiner
May 15, 2010
Margaret Barczak
The author of this piece, Margaret Barczak, has been affiliated with the military and has it wrong. She writes, "The ASVAB test is exempt from the Family Educational Rights and Privacy Act (FERPA), which protects the privacy of student education records. However, students or parents can opt out of the ASVAB reporting provision, and schools receiving funding under the NCLB are instructed to inform parents that they have this option."
The military claims the ASVAB is exempt from FERPA. We don't think so. More importantly, and contrary to the article, students and parents may not opt out of the ASVAB reporting provision. The ASVAB program circumvents NCLB Section 9528 and military regulations make it very clear that schools, not students or parents, select release options. Otherwise, Maryland's legal establishment would not have moved ahead with this legislation.
Maryland enacts law to bar the automatic release of student scores on aptitude test to military recruiters
Legal Clips - THE Source for Recent Developments in School Law
National School Boards Association
May 20, 2010
The article is a fair representation of the A.P. piece, however, the lengthy Editor's Note is somewhat problematic because it is only distantly related to the ASVAB issue and strikes an alarmist tone. The Pittsburgh case cited in the Editor's Note is an extremely rare example. The reality throughout the country is that military recruiters have unprecedented access to high school children and typically enjoy greater access than that of college recruiters. The focus of the Maryland law is that parents, not the Pentagon, should have control of student information.
Controversy brewing over military exam at SHS
Suwannee Democrat (FL)
November 20, 2009
The entire Junior class in a Florida high school are forced to take the ASVAB without parental knowledge and all the results, including sensitive personal data and social security numbers, are forwarded to military recruiters.
Military test provokes ire of some parents
Suwannee Democrat (FL)
December 1, 2009
A follow up article is inaccurate on several important points and misrepresents federal law designed to protect student privacy. Read the article and see our rebuttal.
Read Commentary
Recruiter uses slur at high school
DHS students offended by comment
by Chuck Slothower
Durango Herald News (CO)
November 4, 2009
Several students report hearing an Army recruiter refer to students as "f*ing faggots" while administering the ASVAB to 500 students during a mandatory testing session in a Colorado public high school. The resulting uproar focuses on the anti-gay slur, not the forced testing of 500.
Growing Hesitancy Over a Military Test
Philadelphia Inquirer
August 7, 2008
by Dan Hardy and Dylan Purcell
Groundbreaking article by the Philadelphia Inquirer introduces the ASVAB testing controversy to a national audience. The second link features an interactive database released by the Pentagon of 11,900 high schools across the country
http://www.commondreams.org/archive/2008/08/07/10858
http://www.philly.com/inquirer/multimedia/26249194.html
NB schools limit military access to test scores
The World
North Bend, Oregon
By Jessica Musicar
Wednesday, December 12, 2007
The following story documents how a small school system in Oregon came to select ASVAB Option 8, disallowing the use of the ASVAB as a recruiting tool. The same decision that has been made by hundreds of school systems across the country.
A Few Good Kids?
Mother Jones Magazine
by David Goodman
This article by David Goodman of Mother Jones Magazine establishes the link between ASVAB testing and the Joint Advertising Market Research & Studies (JAMRS) database, run by the Pentagon. Students who take the ASVAB are required to divulge their Social Security number, ethnicity, and career interests—all of which is then logged into the JAMRS database. The database, run by the credit reporting giant Equifax, holds 34 million names and is arguably the largest repository of 16-25-year-old youth data in the country.
The Military’s Stealth Test
In These Times
by Megan Tady
An excellent article published in the newsmagazine "In These Times" documents how school districts are beginning to keep the results of the ASVAB out of the hands of military recruiters
More
Students required to take ASVAB
Yuma Sun
This article details how all sophomores and seniors at Yuma HS in Yuma, Arizona were required to take the ASVAB. Although school officials assured parents and the media that test results and private information would not be released to recruiters, Pentagon statistics reveal that the school allowed the release of the sensitive information on 975 students.
What the Pentagon is Saying...
Aptitude Test Helps Students Find Strengths
American Forces Press Service
by Meghan Vittrup
A Pentagon news release designed to counter privacy concerns regarding the ASVAB fails to disclose that 92% of students in schools across the nation have their social security numbers, sensitive personal information, and test results forwarded to military recruiting services. Jane Arabian, Assistant Director for Enlistment Standards for the Undersecretary of Defense for Personnel and Readiness said the military tries "to keep recruiters away from the test as much as possible."
Fort Jackson prep school gives soldiers a second chance
The State
by Chuck Crumbo
The Army recently opened the Army Preparatory School at Fort Jackson, South Carolina to allow high school dropouts who scored at least a 50 on the ASVAB to earn their GED certificate. Now, The Army can enlist recruits who meet all the standards but one — a diploma or GED. It is expected that the Army Prep School will yield nearly 3,000 Soldiers with enhanced credentials each year. The Army has plans to open several more in bases across the country.
Opting for Privacy
From the National Education Association
This year, thousands of high school students, mostly 11th-graders, will take the Armed Services Vocational Aptitude Battery (ASVAB), a three-hour test that asks questions about reading, math, electronic and mechanical knowledge, as well as other subjects. The results are processed by the U.S. Department of Defense, as part of its "Career Explorations Program," and typically shared with both schools and military recruiters.
School counselors and administrators encourage students to take the test that many claim assists students in matching their abilities with certain career paths. Pentagon data published by the Philadelphia Inquirer reveals that more than a thousand high schools require students to take the test (2) even though "DOD personnel are prohibited from suggesting to school officials or any other influential individual or group that the test be made mandatory." (3)
The military uses the four-hour exam to gather a treasure-trove of information to use in a sophisticated recruiting program. After the test is administered, military representatives meet with children to discuss their scores and suggest career paths. Later, recruiters make calls to youth, using individualized profiles gathered from test data and other sources.
Federal and state laws strictly monitor the release of student information, but the military manages to circumvent these laws with the administration of the ASVAB. The Family Educational Rights Protection Act, FERPA, and Section 9528 of the Elementary and Secondary Education Act ESEA, both contain requirements for opt-out notifications in releases of student information. Parents are given the right to stop their child’s personal information from being released to third parties, but there are no such requirements in the ASVAB student testing program. (4)
Although military regulations allow schools to administer the test while precluding test results from reaching recruiters, few school administrators across the country are aware of the option. In fact, only 8% of the 11,900 schools administering the ASVAB during the 2006-2007 school year took steps to protect the privacy of students taking the test.
U.S. Military Entrance Processing Command (USMEPCOM) Regulation 601-4 identifies several options schools have regarding the administration and release of ASVAB information. These options range from Option 1, which permits test results and other student information to be released to military recruiters without prior consent, to Option 8, which stipulates that the results from the test cannot be used for recruiting purposes. Inaction on the part of a school will cause USMEPCOM to automatically select Option 1. Students and parents may not decide release options.
The release options in Regulation 601.4 correspond to the types of recruiter contact identified in the Pentagon database acquired by the Philadelphia Inquirer. For instance, Option 1 corresponds to "Unlimited Recruiter Contact" while Option 8 corresponds to “No Recruiter Contact.”
In some school districts, like Maryland's Prince George's County Schools, the form supplied by USMEPCOM offered six release options for ASVAB results but failed to list Option 8. (5) That school system immediately took steps to select Option 8.
This summer, the Hawaii Department of Education became the first in the nation to require parental consent to release ASVAB private information and test scores to the military. In the spring of 2009, legislation in Maryland that would have prohibited the automatic release of private information to military recruiters without parental consent passed the Maryland Senate before dying in the Maryland House. Both houses of the California legislature approved a similar measure only to be vetoed by Governor Schwarzenegger.
Notes:
(1) Page 6. "USAREC Pamphlet 350-13." Headquarters, United States Army Recruiting Command. Web. 23 Sep 2009 http://www.usarec.army.mil/im/formpub/REC_PUBS/p350_13.pdf
(2) "Military Testing." Philladelphia Inquirer. 08/05/2008. Web. 23 Sep 2009. http://www.philly.com/inquirer/multimedia/26249194.html
(3) Page 3-1. "USMEPCOM Regulation 601-4" United States Military
Entrance Processing Command. 13 Nov 2006. Web. 23 Sep
2009.
http://www.mepcom.army.mil/publications/pdf/regs/r-0601-004.pdf
(4) PDF: "The Los Angeles Unified School District's Current Administration of the Armed Services Vocational Aptitude Battery Violates NCLB, FERPA, The California Constitution, and California Statutes." The National Lawyers Guild, Los Angeles Chapter
(5) PDF: ASVAB Career Exploration Program School Information Form Faxed from Prince George's County Public Schools, Chief of Student Services, Dr. Betty Despenza-Green