AN ACT

 

1Amending the act of June 27, 1991 (P.L.70, No.10), entitled "An
2act requiring the superintendent of every public school
3district to make available, upon request, lists of graduating
4seniors to armed forces recruiters; and providing a penalty
5for the misuse of any such lists," further providing for
6title and for legislative intent; providing for short title
7and for definitions; and further providing for list of
8seniors to be compiled, for optional compliance by nonpublic
9schools and for reimbursement of costs.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. The title of the act of June 27, 1991 (P.L.70,
13No.10), entitled "An act requiring the superintendent of every
14public school district to make available, upon request, lists of
15graduating seniors to armed forces recruiters; and providing a
16penalty for the misuse of any such lists," is amended to read:

17AN ACT

18Requiring [the superintendent of every public school district]
19school entities to make available, upon request, lists of
20[graduating seniors] secondary school students to armed
21forces recruiters; and providing a penalty for the misuse of

1any such lists.

2Section 2. Section 1 of the act is repealed:

3[Section 1. Legislative intent.

4It is the intent of the General Assembly through this
5legislation to assist armed forces recruiters to achieve
6additional access to potential recruits by compiling a list of
7prospective graduating seniors for distribution upon written
8request to armed forces recruiters for the cost thereof, for
9recruiting purposes only.]

10Section 3. The act is amended by adding sections to read:

11Section 1.1. Short title.

12This act shall be known and may be cited as the Military
13Access to Student Recruiting Information Act.

14Section 1.2. Legislative findings.

15It is the intent of the General Assembly through this
16legislation to assist armed forces recruiters to achieve
17additional access to potential recruits by compiling a list of
18secondary school students for distribution upon written request
19to armed forces recruiters for the cost thereof, for recruiting
20purposes only.

21Section 1.3. Definitions.

22The following words and phrases when used in this act shall
23have the meanings given to them in this section unless the
24context clearly indicates otherwise:

25"School entity." A school district, joint school district,
26intermediate unit, area vocational-technical school, charter
27school, regional charter school or cyber charter school and any
28nonpublic school that receives assistance under the No Child
29Left Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425).

30"Secondary school student." A male or female student in

1grade eleven or twelve.

2Section 4. Sections 2, 3 and 5 of the act are amended to
3read:

4Section 2. List of [seniors] secondary school students to be
5compiled.

6(a) Lists.--Subject to the limitations of subsection (b),
7[the superintendent of every public school district] a school 
8entity, except as otherwise provided, shall, upon request, make
9available to all armed forces recruiters for the active
10component, reserve component and National Guard component of the
11armed forces the same access to [senior] secondary school
12students as is available to institutions of higher education
13[and], trade schools and prospective employers. Access shall
14include, but not be limited to, a list of [senior male and
15female] secondary school students by name, home address and, if
16published, telephone number[, who at the end of the respective
17academic year will graduate from the school system]. The list
18shall be compiled within 45 calendar days of the effective date
19of this act and in succeeding years by the first day of the
20academic year [in which the senior students will graduate].

21(b) Notification.--Each school [district] entity shall
22notify [the] its tenth and eleventh grade students and, where 
23the students are under 18 years of age, their parents or 
24guardians in writing, prior to the end of [their junior] the 
25academic year, of the requirements imposed by subsection (a).
26Each tenth and eleventh grade student and, where the student is 
27under 18 years of age, the student's parents or guardians shall
28be given at least 21 calendar days to request in writing to the
29[superintendent] school entity exclusion of such student's name, 
30home address and telephone number prior to the release of such

1list. A school entity shall comply with each request for 
2exclusion.

3(c) Exception.--The requirements of this section shall not
4apply to a nonpublic school which receives assistance under the
5No Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat.
61425), if the school maintains a religious objection to service
7in the armed forces that is verifiable through the corporate or
8other organizational documents or materials of the school.

9Section 3. Optional compliance by nonpublic schools.

10The governing body or board of each [parochial, licensed
11private and] nonpublic school that does not receive assistance 
12under the No Child Left Behind Act of 2001 (Public Law 107-110, 
13115 Stat. 1425) shall determine whether or not to comply with
14the provisions of this act. If an affirmative determination is
15made, then the principal of that [parochial, licensed private
16or] nonpublic school shall comply with the provisions of
17sections 2 and 4.

18Section 5. Reimbursement of costs.

19Any costs incurred by [public and nonpublic schools] a school 
20district, joint school district, intermediate unit, area 
21vocational-technical school, charter school, regional charter 
22school, cyber charter school or nonpublic school in complying
23with this act will be reimbursed by armed forces recruiters upon
24written documentation of expenses.

25Section 5. This act shall take effect in 60 days.