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SOLOMON AMENDMENT

Institutions of higher education receiving Federal grants and contracts are subject to the “Solomon Amendment.” (10 U.S.C. 1983 § 549). It allows federal funding to be cut if military recruiters are prohibited from recruiting on campus or are prohibited from accessing student directory information for recruiting purposes. While originally applicable to student financial aid that provision has been removed. A sub-element of an institution (i.e. a law school) that is not in compliance will not affect funding for the parent institution.

Covered student directory information (“student recruiting information”) is defined as name, address, telephone listing, age or year of birth, academic major and level of education (e.g. freshman, sophomore, etc. or degree awarded). Where there is a conflict between the Family Educational Rights and Privacy Act of 1974 (FERPA), the Solomon Amendment would supersede FERPA. A student who has requested non-disclosure of directory information to any party under FERPA remains protected. The language of the Solomon Amendment and its recodification still require that “Institutions must take care, however, to release only that information specifically required under the Acts and this rule.”

Institutions must respond to each of the separate branches of the military services, but only need to do so once per academic semester to each branch. Recruiters must abide by restrictions placed on all other recruiting employers including reasonable times and places for on-campus recruiting and copying charges.


Exceptions:

  • Institutions of higher education that have a long-standing policy of pacifism based on historical religious affiliation.
  • Institutions that exclude all employers from recruiting on campus.
  • Institutions that certify that a specific student has requested that the school withhold this information from third parties.
  • Institutions that permit employers to recruit only in response to student interest and certifies that too few students have expressed an interest to accommodate recruiters so long as it treats the military as it treats other recruiting employers.