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House of Representatives
Session of 2015 - 2016 Regular Session


Posted: December 18, 2014 12:53 PM
From: Representative Will Tallman
To: All House members
Subject: Amending Act of June 27,1991 Regarding Military Recruiter Access
In the near future, I plan to introduce legislation (previously HB2106) amending the Act of June 27, 1991 (P.L. 70, No. 10), regarding military recruiter access to school students, to bring this existing State statute into alignment with the Federal No Child Left Behind Act of 2001.

Currently Act 10 of 1991 requires each public school district to provide armed forces recruiters with the same access to senior students as is available to institutions of higher education and trade schools. This access includes a list of senior male and female students by name, address and, if published, telephone number. Further, according to the act nonpublic school compliance is optional.

In 2001, the Federal No Child Left Behind (NCLB) Act was passed with Section 9528 titled “Armed Forces Recruiter Access to Students and Student Recruiting Information”. This section requires all local education agencies which receive assistance under NCLB to provide recruiters and institutions of higher education with access to secondary school students’ names, addresses, and telephone listings upon request, and to provide recruiters with the same access to students is given to institutions of higher education and prospective employers. As interpreted by Federal officials and the Pennsylvania Department of Education, the term “secondary school students” refers to juniors and seniors. Further, this section provides that nonpublic schools receiving assistance under NCLB that maintain a religious objection shall not be required to comply with these requirements. For nonpublic schools that do not receive assistance under NCLB compliance is optional.

Both Act 10 and NCLB provide for student/parent notification of the release of student information, and also provide that each public and nonpublic school must comply with requests for exclusion from the release of such information to recruiters.

To maintain uniformity between Federal and State statues, I am proposing to amend Act 10 of 1991 to align it with the more recent NCLB.

If you have any questions regarding this legislation, please e-mail Carol Hoffman at choffman@pahousegop.com or
by contacting her at (717) 783-8875.

Introduced as HB127