Doonesbury yesterday - poses a legal question

[liberal N proud]

http://www.doonesbury.com/strip/dailydose/index.html?uc_full_date=20050411

I was wondering if it is possible to get a court order to keep recruiters away from you high school students or home?

Any legal eagles here know?

[no_hypocrisy]

1. In No Child Left Behind, military recruiters have the right to enter upon

public school grounds in order to solicit students of all levels. They can ask and receive the phone numbers of those students.

However, parents have the right to sign a NON-consent form which explicitly prohibits the above-referenced activities. In other words, with a non-consent form, if a recruiter STILL tries to contact that student it is unlawful, illegal, etc. And hey, it could happen. And if it did, then the parents could get a restraining order order or an injunction to enforce their and their child's rights to be left alone. Depending upon the outrageousness of the recruiter, violation of civil rights could be entertained.

I don't think the military could be compelled to pay a civil lawsuit judgment, but you could do enough to keep them away.

BTW the NON-consent form is not exactly "put out there" by the school administrators as an option. Only parents who are informed by other sources usually know about this.

[hlthe2b]

5. Yes, I would think if parents signed the NON-consent form & recruiters

willfully ignore, a restraining order could be obtained. Suing for damages against a governmental agency is difficult, but they are not immune from the law--at least yet.

[Name removed]

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[no_hypocrisy]

7. In general, no they can't. Parents can't keep recruiters off school

property. But individual parents can prevent recruiters from communicating with their child(ren) exclusively, no one else's child.

[hlthe2b]

8. Yes.. THAT was my point as well--they can restrict access to their own

child only.

[Name removed]

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[hlthe2b]

12. the school only will give out contact information on those kids whose

parents have not signed the NON-consent. While they might run into other kids on campus, they are not allowed to contact them offsite. If they continue to come to campus, just to talk to kids they know are on the "no contact list" the parents could involve school officials and ultimately the courts if need be.

[no_hypocrisy]

13. First, the names and #s of "opt out" kids would not be on a computer list

for the recruiters to call at home when their parents aren't there to intercept the calls.

Next, the "opt out" kids would not be even recognized in school under certain circumstances. Say, a kid has an appointment with his/her guidance counsellor and there's the recruiter in the guidance office with the college catalogues. The recruiter gets to chit-chat with the kid before or after the appointment in general by just "hanging out". But if the kid is known to be "opted out", the recruiter can't do more than say "Hi". And don't kid yourself: the recruiter has the names of the kids who have scheduled appointments with the guidance counsellors.

[booksenkatz]

9. Too bad that we have to go to the trouble to opt OUT

It would be much more fair to give "opt IN" forms to the Repub parents of teenagers at the voting booth.

Draft the Repubs' kids first!

[Democrat 4 Ever]

18. Some one correct me if I am wrong but I read somewhere that

if a parent opts out of having their child's name and number released to a recruiter they are also opting out of releasing their child's info to prospective colleges. So if you don't want to spend a couple of years in Iraq the government doesn't think a viable alternative would be a college campus someplace. That sounds like something Chimpy would do.

[rodeodance]

2. about the schools-there was a court case no long ago-saying Military

has right to recruit-like other businesses recruit for potential employees.

[tsakshaug]

3. NCLB

i think has a bit about losing $ if you do not allow recruiters into the school

[BlueEyedSon]

4. "No Child Left Unrecruited"

[Disturbed]

11. The U.S Military is a org. that discriminates.

If you are not hetero and tell them so you cannot join. Why can they be allowed to be on any school property since they are an org. that discriminates against U.S. citizens?

[Name removed]

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[HockeyMom]

14. Recruiter waited

to call until after my daughter had turned 18 in April of her Senior year. Apparently, they also have their birth dates too. Shrewd?

[cmd]

15. Doonesbury today: court order makes no difference

The army will invade any way.

[noonwitch]

16. I don't have a problem with military recruiters, on the whole

My problem is with the misuse of the military in Iraq.

There are lots of kids who want to serve in the military. There are many who want to develop certain skills that are best learned in the military, like flying planes and a lot of mechanical and technical skills. When I worked in delinquency, I always had a kid or two that enlisted and made good of himself as a member of the armed services, because he needed the structure that the military provides to become a functional adult. I don't have a problem with them reaching out to kids at high schools, the kids still have to be 18 to enlist.

We always had recruiters at our career days at my school. It never bothered me, because I consider it a legitimate career.