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PRINTER'S NO. 209
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
239
Session of
2019
INTRODUCED BY READSHAW, MURT, JAMES, RYAN, ROTHMAN, STAATS,
POLINCHOCK, BERNSTINE, HICKERNELL, HILL-EVANS, IRVIN, KEEFER,
MILLARD, B. MILLER, NEILSON, PICKETT AND SAYLOR,
JANUARY 28, 2019
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 28, 2019
AN ACT
Amending the act of June 27, 1991 (P.L.70, No.10), entitled "An
act requiring the superintendent of every public school
district to make available, upon request, lists of graduating
seniors to armed forces recruiters; and providing a penalty
for the misuse of any such lists," further providing for
title and for legislative intent; providing for short title
and for definitions; and further providing for list of
seniors to be compiled, for optional compliance by nonpublic
schools and for reimbursement of costs.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of June 27, 1991 (P.L.70,
No.10), entitled "An act requiring the superintendent of every
public school district to make available, upon request, lists of
graduating seniors to armed forces recruiters; and providing a
penalty for the misuse of any such lists," is amended to read:
AN ACT
Requiring [the superintendent of every public school district]
school entities to make available, upon request, lists of
[graduating seniors] secondary school students to armed
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forces recruiters; and providing a penalty for the misuse of
any such lists.
Section 2. Section 1 of the act is repealed:
[Section 1. Legislative intent.
It is the intent of the General Assembly through this
legislation to assist armed forces recruiters to achieve
additional access to potential recruits by compiling a list of
prospective graduating seniors for distribution upon written
request to armed forces recruiters for the cost thereof, for
recruiting purposes only.]
Section 3. The act is amended by adding sections to read:
Section 1.1. Short title.
This act shall be known and may be cited as the Military
Access to Student Recruiting Information Act.
Section 1.2 . Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"School entity." A school district, joint school district,
intermediate unit, area vocational-technical school, charter
school, regional charter school or cyber charter school and any
nonpublic school that receives assistance under the Every
Student Succeeds Act (Public Law 114-95, 129 Stat. 1802) or its
successor Federal statute .
"Secondary school student." A male or female student in
grade eleven or twelve.
Section 4. Sections 2, 3 and 5 of the act are amended to
read:
Section 2. List of [seniors] secondary school students to be
compiled.
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(a) Lists.--Subject to the limitations of subsection (b),
[the superintendent of every public school district] a school
entity, except as otherwise provided, shall, upon request, make
available to all armed forces recruiters for the active
component, reserve component and National Guard component of the
armed forces the same access to [senior] secondary school
students as is available to institutions of higher education
[and], trade schools and prospective employers. Access shall
include, but not be limited to, a list of [senior male and
female] secondary school students by name, home address and[, if
published, telephone number, who at the end of the respective
academic year will graduate from the school system] telephone
number. The list shall be compiled within 45 calendar days of
the effective date of this act and in succeeding years by the
first day of the academic year [in which the senior students
will graduate].
(b) Notification.--Each school [district] entity shall
notify [the] its tenth , eleventh and twelfth grade students and
their parents or guardians in writing, [prior to the end of
their junior] at the beginning of the academic year, of the
requirements imposed by subsection (a) and the option to make a
request under subsection (c). [Each student shall be given at
least 21 calendar days to request in writing to the
superintendent exclusion of such student's name prior to the
release of such list.]
(c) Opt-out.--A parent or guardian of a student who is under
18 years of age or a student who is 18 years of age or older may
request in writing to the school entity that the student's name,
home address and telephone number not be released under
subsection (a) without prior written consent from the parent or
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guardian of the student who is under 18 years of age or the
student who is 18 years of age or older. The school entity shall
comply with a request under this subsection.
(d) Exception.--The requirements of this section shall not
apply to a nonpublic school which receives assistance under the
Every Student Succeeds Act (Public Law 114-95, 129 Stat. 1802)
or its successor Federal statute , if the school maintains a
religious objection to service in the armed forces that is
verifiable through the corporate or other organizational
documents or materials of the school.
Section 3. Optional compliance by nonpublic schools.
The governing body or board of each [parochial, licensed
private and] nonpublic school that does not receive assistance
under the Every Student Succeeds Act (Public Law 114-95, 129
Stat. 1802) or its successor Federal statute shall determine
whether or not to comply with the provisions of this act. If an
affirmative determination is made, then the principal of that
[parochial, licensed private or] nonpublic school shall comply
with the provisions of sections 2 and 4.
Section 5. Reimbursement of costs.
Any costs incurred by [public and nonpublic schools] a school
district, joint school district, intermediate unit, area
vocational-technical school, charter school, regional charter
school, cyber charter school or nonpublic school in complying
with this act will be reimbursed by armed forces recruiters upon
written documentation of expenses.
Section 5. This act shall take effect in 60 days.
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