SEC. 7. CLARIFICATION OF SECTION 444 OF THE GENERAL 
EDUCATION PROVISIONS ACT AS TO PUB-
LICLY HELD RECORDS OF STUDENTS PRI-
VATELY EDUCATED AT HOME UNDER STATE 
LAW. 
Section 444 of the General Education Provisions Act 
(20 U.S.C. 1232g; also referred to as the Family Edu-
cational Rights and Privacy Act of 1974) is amended— 
(1) in subsection (a)(5), by adding at the end 
the following: 
‘‘(C) For students in non-public education (including 
any student educated at home or in a private school in 
accordance with State law), directory information may not 
be released without the written consent of the parents of 
such student.’’; 
(2) in subsection (a)(6), by striking ‘‘, but does 
not include a person who has not been in attendance 
at such agency or institution.’’ and inserting ‘‘, in-
cluding any non-public school student (including any 
student educated at home or in a private school as 
provided under State law). This paragraph shall not 
be construed as requiring an educational agency or 
institution to maintain education records or person-
ally identifiable information for any non-public 
school student.’’; and
(3) in subsection (b)(1), by striking subpara-
graph (F) and inserting the following: 
‘‘(F) organizations conducting studies for, 
or on behalf of, educational agencies or institu-
tions for the purpose of developing, validating, 
or administering predictive tests, administering 
student aid programs, and improving instruc-
tion, if— 
‘‘(i) such studies are conducted in 
such a manner as will not permit the per-
sonal identification of students and their 
parents by persons other than representa-
tives of such organizations and such infor-
mation will be destroyed when no longer 
needed for the purpose for which it is con-
ducted; and 
‘‘(ii) for students in non-public edu-
cation, education records or personally 
identifiable information may not be re-
leased without the written consent of the 
parents of such student.’’.
SEC. 8. CLARIFICATION OF ELIGIBILITY FOR STUDENTS 
PRIVATELY EDUCATED AT HOME UNDER 
STATE LAW FOR THE ROBERT C. BYRD HON-
ORS SCHOLARSHIP PROGRAM. 
Section 419F(a) of the Higher Education Act of 
1965 (20 U.S.C. 1070d–36(a)) is amended by inserting 
‘‘(or a home school, whether treated as a home school or 
a private school under State law)’’ after ‘‘public or private 
secondary school’’. 
SEC. 9. CLARIFICATION OF THE FAIR LABOR STANDARDS 
ACT AS APPLIED TO STUDENTS PRIVATELY 
EDUCATED AT HOME UNDER STATE LAW. 
Section 3(l) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203(l)) is amended by adding at the end the 
following: ‘‘The Secretary shall extend the hours and peri-
ods of permissible employment applicable to employees be-
tween the ages of 14 and 16 years of age who are privately 
educated at a home school (whether the home school is 
treated as a home school or a private school under State 
law) beyond such hours and periods applicable to employ-
ees between the ages of 14 and 16 years of age who are 
educated in traditional public schools.’’.
SEC. 10. RECRUITMENT AND ENLISTMENT OF HOME- 
SCHOOLED 
STUDENTS 
IN 
THE 
ARMED 
FORCES. 
(a) HOME-SCHOOLED STUDENTS.—Chapter 31 of 
title 10, United States Code, is amended by inserting after 
section 503 the following new section: 
‘‘§ 503a. 
Recruitment 
and 
enlistment 
of 
home- 
schooled students 
‘‘(a) POLICY ON RECRUITMENT AND ENLISTMENT.— 
The Secretary concerned shall prescribe a policy for the 
recruitment and enlistment of home-schooled students. 
The Secretary of Defense shall ensure that the polices pre-
scribed under this section apply, to the extent practicable, 
uniformly across the armed forces 
‘‘(b) ELEMENTS.—The policy prescribed by the Sec-
retary concerned under subsection (a) shall include the fol-
lowing: 
‘‘(1) Identification of qualified graduates of 
home schooling for purposes of recruitment and en-
listment in the armed forces that is in accordance 
with the requirements described in subsection (c). 
‘‘(2) Provision for the treatment, within the De-
partment of Defense classification system of edu-
cational credentials for recruitment purposes, of 
graduates of home schooling within the same tier
status as regular high school graduates, with no 
practical limit with regard to enlistment. 
‘‘(3) Exemption of graduates of home schooling 
from any requirement for a secondary school di-
ploma or a General Education Development (GED) 
certificate of high school equivalency as a pre-
condition for enlistment in the armed forces. 
‘‘(c) QUALIFIED HOME-SCHOOL GRADUATES.—In 
identifying a graduate of home schooling for purposes of 
subsection (b), the Secretary concerned shall ensure that 
the graduate meets each of the following requirements: 
‘‘(1) The graduate has taken the Armed Forces 
Qualification Test and scored at the 50th percentile 
or above. 
‘‘(2) The graduate has provided the Secretary 
concerned with— 
‘‘(A) a signed home-school notice of intent 
form that conforms with the State law of the 
State where the graduate resided when the 
graduate was in home school; or 
‘‘(B) a home-school certificate or diploma 
from the parent or guardian of the graduate or 
a national curriculum provider.