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AN ACT
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relating to the requirement to submit a financial aid application |
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as a condition of high school graduation for public school |
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students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 28.0256(a), (c), (d), and (e), |
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Education Code, are amended to read as follows: |
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(a) Before graduating from high school, each student must |
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complete and submit a free application for federal student aid |
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(FAFSA) or a Texas application for state financial aid (TASFA), |
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except as otherwise provided by Subsection (b). |
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(c) A school district or open-enrollment charter school |
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shall adopt a form to be used for purposes of Subsection (b). The |
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form must [be]: |
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(1) be approved by the agency; [and] |
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(2) provide the student or the student's parent or |
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other person standing in parental relation, as applicable, the |
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opportunity to decline to complete and submit a financial aid |
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application, as provided by Subsection (b); and |
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(3) be made available in English, Spanish, and any |
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other language spoken by a majority of the students enrolled in a |
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bilingual education or special language program under Subchapter B, |
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Chapter 29, in the district or school. |
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(d) If a school counselor notifies a school district or |
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open-enrollment charter school whether a student has complied with |
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this section for purposes of determining whether the student meets |
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high school graduation requirements under Section 28.025, the |
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school counselor may only indicate whether the student has complied |
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with this section and may not indicate the manner in which the |
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student complied, except as necessary for the district or school to |
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comply with rules adopted under Subsection (e)(2). A school |
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counselor may not indicate that a student has not complied with this |
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section if the school district or open-enrollment charter school |
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fails to provide the form adopted under Subsection (c) to the |
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student or the student's parent or other person standing in |
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parental relation to the student. |
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(e) The commissioner shall adopt rules as necessary to |
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implement this section, including rules to: |
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(1) establish: |
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(A) a timeline for: |
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(i) the distribution to students of the |
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free application for federal student aid or Texas application for |
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state financial aid and the form adopted under Subsection (c); and |
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(ii) the submission of a form under |
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Subsection (b); |
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(B) standards regarding the information that a |
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school district or open-enrollment charter school must provide to |
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students regarding: |
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(i) in accordance with Section |
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33.007(b)(5), instructions for filling out the free application for |
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federal student aid or Texas application for state financial aid; |
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and |
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(ii) the options available to a student |
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under Subsection (b) if the student wishes to decline to complete |
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and submit a financial aid application; and |
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(C) the method by which a student must provide to |
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a school district or open-enrollment charter school proof that the |
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student has completed and submitted the free application for |
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federal student aid or Texas application for state financial aid as |
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required by this section; |
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(2) require each school district and open-enrollment |
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charter school to report to the agency: |
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(A) the number of students who completed and |
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submitted a financial aid application under Subsection (a); and |
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(B) the number of students who received an |
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exception from complying with Subsection (a) under Subsection (b); |
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and |
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(3) ensure compliance with federal law regarding |
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confidentiality of student educational information, including the |
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Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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Section 1232g), and any state law relating to the privacy of student |
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information. |
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SECTION 2. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 369 passed the Senate on |
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April 23, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 369 passed the House on |
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May 26, 2021, by the following vote: Yeas 143, Nays 4, two present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |