114 STAT. 1654A-132 PUBLIC LAW 106-398 —APPENDIX for the purpose of arranging for recruiting access. The designated officer or senior executive shall seek to have that meeting within 120 days of the date of the denial of the request for recruiting access. "(3) If, after a meeting under paragraph (2) with representatives of a local educational agency that has denied a request for recruiting access or (if the educational agency declines a request for the meeting) after the end of such 120-day period, the Secretary of Defense determines that the agency continues to deny recruiting access, the Secretary shall transmit to the chief executive of the State in which the agency is located a notification of the denial of recruiting access and a request for assistance in obtaining that access. The notification shall be transmitted within 60 days after the date of the determination. The Secretary shall provide to the Secretary of Education a copy of such notification and any other communication between the Secretary and that chief executive with respect to such access. "(4) If a local educational agency continues to deny recruiting access one year after the date of the transmittal of a notification regarding that agency under paragraph (3), the Secretary— "(A) shall determine whether the agency denies recruiting access to at least two of the armed forces (other than the Coast Guard when it is not operating as a service in the Navy); and "(B) upon making an affirmative determination under subparagraph (A), shall transmit a notification of the denial of recruiting access to— "(i) the specified congressional committees; "(ii) the Senators of the State in which the local educational agency is located; and "(iii) the member of the House of Representatives who represents the district in which the local educational agency is located. "(5) The requirements of this subsection do not apply to— "(A) a local educational agency with respect to access to secondary school students or access to directory information concerning such students for any period during which there is in effect a policy of that agency, established by majority vote of the governing body of the agency, to deny recruiting access to those students or to that directory information, respectively; or "(B) a private secondary school which maintains a religious objection to service in the armed forces and which objection is verifiable through the corporate or other organizational documents or materials of that school. "(6) In this subsection: "(A) The term local educational agency' means— "(i) a local educational agency, within the meaning of that term in section 14101(18) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(18)); and "(ii) a private secondary school. "(B) The term 'recruiting access' means access requested as described in paragraph (1). "(C) The term 'senior executive' has the meaning given that term in section 3132(a)(3) of title 5.
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