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Maine

November 27, 2006

Private Schools Ordered to Give Information to Recruiters

The Maine Commissioner of Education recently sent a letter to private school administrators telling them they must give college and military recruiters access to their students’ contact information under some circumstances.

We believe the commissioner is in error. We have requested a response from two officials in the commissioner’s office.

The commissioner’s statement stems from what appears to be a misunderstanding of what a “local educational agency” is. Administrative Letter 11 is correct in saying “local educational agencies” must give student information to college and military recruiters under some circumstances. The apparent error is in asserting that private schools are “local educational agencies” and therefore subject to this requirement. Two federal statutes define “local educational agency” to include only public entities (20 USC 7713 and 7801).

Until we receive a definitive response, we advise the administrators of non-approved private schools to disregard the commissioner’s October 19, 2006 Administrative Letter 11.

 Other Resources

Text of Administrative Letter 11