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               A BILL TO BE ENTITLED
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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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            * * * * * |