Current through Reg. 49, No. 38; September 20, 2024
(a) In accordance with Texas Education Code
(TEC), §2 8.0256, beginning with students enrolled in Grade 12 during the
2021-2022 school year, a student shall complete and submit a free application
for federal student aid (FAFSA) or a Texas application for state financial aid
(TASFA) as a requirement for receiving a high school diploma.
(b) A student may opt out of the financial
aid application requirement in subsection (a) of this section under one of the
following conditions:
(1) the student's
parent or other person standing in parental relation submits a signed form
indicating that the parent or other person authorizes the student to decline to
complete and submit the financial aid application;
(2) the student signs and submits the form
described by paragraph (1) of this subsection on the student's own behalf if
the student is 18 years of age or older or is emancipated under the Texas
Family Code, Chapter 31; or
(3) a
school counselor signs and submits the form described by paragraph (1) of this
subsection indicating that the school counselor authorizes the student to
decline to complete and submit the financial aid application for good cause, as
determined by the school counselor.
(c) The board of trustees for each school
district and open-enrollment charter school shall adopt the standard opt-out
form provided by the Texas Education Agency (TEA) for the purpose of the
exceptions under subsection (b) of this section.
(1) The opt-out form shall be available in
English, Spanish, and any other language spoken by a majority of the students
enrolled in a bilingual education or special language program under TEC,
Chapter 29, Subchapter B, in the district or charter school. Districts and
charter schools are responsible for translations not provided by TEA.
(2) The opt-out form must include the
student's signature of intent to decline to complete a financial aid
application prior to the student's anticipated graduation date.
(d) Each school district and
open-enrollment charter school shall provide students with the following
notifications regarding the financial aid application requirement.
(1) Standard information regarding the
financial aid requirement and the exceptions under subsection (b) of this
section shall be provided at the time a student first registers for one or more
classes required for high school graduation.
(2) Detailed information regarding
instructions for the completion and submission of a financial aid application
shall be provided to a student at the beginning of Grade 12 or at the time a
student in Grade 12 transfers into a high school from a non-public school or a
public school outside of Texas. The instructions shall include:
(A) an explanation of the FAFSA and TASFA and
the difference between the two;
(B)
instructions for how to access the FAFSA and TASFA, including key dates and
deadlines for completion and submission;
(C) resources available to support completion
and submission of the FAFSA and TASFA;
(D) documents and information required to
complete the FAFSA or TASFA; and
(E) contact information for school staff or
local community resources available to support completion of the
forms.
(3) Options
available to a student under subsection (b) of this section if a student wishes
to decline to complete and submit a financial aid application shall be provided
to a student at the beginning of Grade 12 or at the time a student in Grade 12
transfers into a high school from a non-public school or a public school
outside of Texas. The options shall include:
(A) the opt-out form and explanation of
required signatures; and
(B)
notification that if the student chooses to opt out for the purposes of
graduation, the student will still be eligible to complete the FAFSA or TASFA
that year or in subsequent years.
(e) Each school district and open-enrollment
charter school shall require one of the following methods of proof that a
student has completed and submitted the FAFSA or TASFA as required by this
section.
(1) Completion and submission of the
FAFSA shall be confirmed through one of the following methods:
(A) Apply Texas Counselor Suite FAFSA
data;
(B) notification from the
United States Department of Education that demonstrates a student has completed
and submitted a FAFSA; or
(C) a
local policy developed by a school district or an open-enrollment charter
school for the method by which a student must provide proof that the student
has completed a FAFSA.
(2) School districts and open-enrollment
charter schools shall develop a local policy for the method by which a student
must provide proof that the student has completed a TASFA.
(f) Each school district and open-enrollment
charter school shall report through the Texas Student Data System Public
Education Information Management System (TSDS PEIMS) the following information
not later than December 1 of each school year for students awarded diplomas in
the previous school year:
(1) the number of
students who completed and submitted a financial aid application; and
(2) the number of students who submitted an
exception.
(g) Each
school district and open-enrollment charter school shall maintain student
financial aid application information securely and ensure compliance with
federal law regarding the confidentiality of student educational information,
including the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
1232g) , and any state law relating to the
privacy of student information.
