HOUSE AMENDED
        PRIOR PRINTER'S NOS. 412, 858                 PRINTER'S NO. 1073

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 406 Session of 1981


        INTRODUCED BY PECORA, GREENLEAF, FISHER, RHOADES, HELFRICK,
           O'CONNELL, HOWARD, LOEPER, MOORE, HAGER, ROSS, SCANLON AND
           STOUT, FEBRUARY 24, 1981

        AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 23, 1981

                                     AN ACT

     1  Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
     2     act relating to the public school system, including certain
     3     provisions applicable as well to private and parochial
     4     schools; amending, revising, consolidating and changing the
     5     laws relating thereto," further providing for proportionate    <--
     6     reduction of payments REOPENING OF DISTRICT BUDGETS;           <--
     7     REQUIRING THE SUPERINTENDENT OF EVERY PUBLIC SCHOOL TO MAKE
     8     AVAILABLE, UPON REQUEST, LISTS OF GRADUATING SENIORS TO
     9     MILITARY RECRUITERS AND PROVIDING A PENALTY FOR THE MISUSE OF
    10     ANY SUCH LISTS.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Section 2502.6 687, act of March 10, 1949          <--
    14  (P.L.30, No.14), known as the "Public School Code of 1949,"
    15  added July 13, 1979 (P.L.94, No.41), is amended BY ADDING A       <--
    16  SUBSECTION to read:
    17     Section 2502.6.  Proportionate Reduction of Payments.--If the  <--
    18  sums appropriated for the 1978-1979 school year and each school
    19  year thereafter are not sufficient to pay in full the total
    20  amounts to which all qualified school districts, intermediate


     1  units and nonpublic schools are entitled to receive under the
     2  provisions of sections 917.1-A, 919.1-A, 922.1-A, 923-A(d),
     3  2501, 2502, 2502.3 and 2502.4 for such year, the allocations to
     4  the schools districts, intermediate units and nonpublic schools
     5  shall be proportionately reduced to the extent necessary to
     6  bring the aggregate of the school district, intermediate unit
     7  and nonpublic school allocations within the limits of the
     8  amounts appropriated. However, no school district's gross
     9  allocation under the provisions of the sections referred to
    10  herein shall be less for the 1978-1979 [or], the 1979-1980, the
    11  1980-1981 or the 1981-1982 school year than its gross allocation
    12  under such sections for the previous school year: Provided,
    13  however, That no district's gross allocation for the 1980-1981
    14  school year shall be greater than ninety-five per centum (95%)
    15  of the amount to which it would be entitled under sections 2501,
    16  2502, 2502.3 and 2502.4 if sufficient funding were available.
    17     SECTION 687.  ANNUAL BUDGET; ADDITIONAL OR INCREASED           <--
    18  APPROPRIATIONS; TRANSFER OF FUNDS.--* * *
    19     (E)  FOR THE FISCAL YEAR 1980-1981, A SCHOOL DISTRICT MAY, BY
    20  A MAJORITY VOTE OF THE BOARD OF SCHOOL DIRECTORS, REOPEN ITS
    21  BUDGET FOR THE PURPOSE OF REALLOCATING ANY SURPLUS FUNDS IN THE
    22  DISTRICT BUDGET FOR THE RETIREMENT OF ANY OUTSTANDING
    23  INDEBTEDNESS OF THE DISTRICT OR FOR THE REDUCTION OF PROPERTY
    24  TAXES FOR THE FISCAL YEAR 1980-1981.
    25     SECTION 2.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:
    26     SECTION 1339.1.  LIST FOR MILITARY RECRUITERS.--(A)  SUBJECT
    27  TO THE LIMITATIONS OF SUBSECTION (B), THE SUPERINTENDENT OF
    28  EVERY PUBLIC SCHOOL DISTRICT SHALL COMPILE A LIST OF SENIOR
    29  STUDENTS, BOTH MALE AND FEMALE, WHO AT THE END OF THE RESPECTIVE
    30  ACADEMIC YEAR WILL GRADUATE FROM THE PUBLIC SCHOOL SYSTEM. THE
    19810S0406B1073                  - 2 -

     1  LIST SHALL BE COMPILED BY THE FIRST DAY OF THE ACADEMIC YEAR IN
     2  WHICH THE SENIOR STUDENTS WILL GRADUATE.
     3     (B)  PRIOR TO THE END OF ANY STUDENT'S JUNIOR YEAR, THE
     4  STUDENT MAY REQUEST THE SUPERINTENDENT, IN WRITING, TO EXCLUDE
     5  SUCH STUDENT'S NAME FROM THE LIST REQUIRED PURSUANT TO
     6  SUBSECTION (A). EACH SCHOOL DISTRICT SHALL NOTIFY THE STUDENTS,
     7  IN WRITING, AT THE END OF THEIR JUNIOR YEAR OF THE REQUIREMENTS
     8  IMPOSED BY SUBSECTION (A).
     9     (C)  ANY LIST PREPARED PURSUANT TO SUBSECTION (A) SHALL BE
    10  MADE AVAILABLE ONLY TO MILITARY RECRUITERS FOR THE ACTIVE
    11  COMPONENT, THE RESERVE COMPONENT OR THE NATIONAL GUARD COMPONENT
    12  OF THE ARMED FORCES WHO REQUEST, IN WRITING, A COPY OF THE LIST.
    13     (D)  ANY LIST OBTAINED PURSUANT TO SUBSECTION (A) SHALL BE
    14  USED SOLELY FOR THE PURPOSE OF SOLICITING POTENTIAL RECRUITS FOR
    15  THE ACTIVE COMPONENT, THE RESERVE COMPONENT OR THE NATIONAL
    16  GUARD COMPONENT OF THE ARMED FORCES.
    17     (E)  ANY PERSON WHO VIOLATES ANY SUBSECTION OF THIS SECTION
    18  COMMITS A MISDEMEANOR OF THE THIRD DEGREE AND UPON CONVICTION
    19  THEREOF SHALL BE SENTENCED TO PAY A FINE OF TWO THOUSAND FIVE
    20  HUNDRED DOLLARS ($2,500).
    21     SECTION 3.  IT IS THE INTENT OF THE GENERAL ASSEMBLY THROUGH
    22  THIS LEGISLATION TO FULFILL ITS MORAL OBLIGATIONS AND ASSIST
    23  MILITARY RECRUITERS TO ACHIEVE ADDITIONAL ACCESS TO POTENTIAL
    24  RECRUITS BY COMPILING A LIST OF PROSPECTIVE GRADUATING SENIORS
    25  FOR DISTRIBUTION, ON REQUEST, TO MILITARY RECRUITERS.
    26     Section 2 4.  This act shall take effect immediately.          <--



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