In addition to the potential for loss of funds under ESEA for failure to comply with § 9528 of the ESEA, an LEA that denies a military recruiter access to the requested information on students after July 1, 2002, will be subject to specific interventions under 10 U.S.C. § 503.
In this regard, the law requires that a senior military officer (e.g., Colonel or Navy Captain) visit the LEA within 120 days. If the access problem is not resolved with the LEA, the Department of Defense must notify the state’s Governor within 60 days. Problems still unresolved after one year are reported to Congress, if the Secretary of Defense determines that the LEA denies recruiting access to at least two of the armed forces (Army, Navy, Marine Corps, etc.). The expectation is that public officials will work with the LEA to resolve the problem.
Additionally, the Department of Defense has developed a national high school data base to document recruiter access. Presently, 95 percent of the nation’s 22,000 secondary schools provide a degree of access to military recruiters that is consistent with current law.