PRIOR PRINTER'S NO. 827
PRINTER'S NO. 972
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
750
Session of
2023
INTRODUCED BY MARTIN, ARGALL, AUMENT, BARTOLOTTA, BOSCOLA,
BREWSTER, CULVER, FONTANA, MILLER AND SANTARSIERO,
JUNE 5, 2023
AS AMENDED ON SECOND CONSIDERATION, JUNE 26, 2023
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in high schools, providing for filing
of Free Application for Federal Student Aid as graduation
requirement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1617. Filing of Free Application for Federal Student
Aid as Graduation Requirement.--Beginning with the 2024-2025
school year, in addition to any other requirement under law as a
prerequisite to receiving a high school diploma from a public
high school, the parent or guardian of each student or, if a
student is at least 18 years of age or legally emancipated, the
student must comply with either of the following:
(1) File a Free Application for Federal Student Aid with the
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
United States Department of Education.
(2) On a form developed by the Department of Education, in
consultation with the Pennsylvania Higher Education Assistance
Agency, sign and file with the student's school district a
statement that the parent, guardian or student, as applicable,
understands the purpose of the Free Application for Federal
Student Aid or has chosen not to file the application.
SECTION 1617. FREE APPLICATION FOR FEDERAL STUDENT AID.--(A)
BEGINNING WITH THE 2024-2025 SCHOOL YEAR, PRIOR TO COMPLETING
HIGH SCHOOL, A STUDENT WHO ATTENDS A SCHOOL ENTITY IN THIS
COMMONWEALTH, UNLESS EXEMPTED UNDER SUBSECTION (E), SHALL FILE A
FAFSA WITH THE UNITED STATES DEPARTMENT OF EDUCATION OR SUBMIT
AN OPT-OUT FORM IN ACCORDANCE WITH SUBSECTION (B).
(B) THE PARENT OR LEGAL GUARDIAN OF A STUDENT OR, IF A
STUDENT IS AT LEAST EIGHTEEN YEARS OF AGE OR LEGALLY
EMANCIPATED, MAY OPT OUT OF FILING THE FAFSA UNDER SUBSECTION
(A) BY COMPLETING AND SUBMITTING TO THE SCHOOL ENTITY AN OPT-OUT
FORM DEVELOPED BY THE DEPARTMENT, IN CONSULTATION WITH THE
AGENCY. THE OPT-OUT FORM SHALL INCLUDE A STATEMENT THAT THE
PARENT, LEGAL GUARDIAN OR STUDENT, AS APPLICABLE, UNDERSTANDS
THE PURPOSE OF THE FAFSA AND HAS CHOSEN NOT TO FILE THE
APPLICATION.
(C) THE DEPARTMENT SHALL MAKE THE OPT-OUT FORM AVAILABLE TO
SCHOOL ENTITIES AND POST THE OPT-OUT FORM ON THE DEPARTMENT'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE.
(D) A SCHOOL ENTITY SHALL PROVIDE A COPY OF THE OPT-OUT FORM
TO PARENTS, LEGAL GUARDIANS AND STUDENTS.
(E) IF A FAFSA IS NOT FILED OR OPT-OUT FORM IS NOT SUBMITTED
ON BEHALF OF A STUDENT, THE SCHOOL ENTITY MAY EXEMPT THE STUDENT
FROM THE PROVISIONS OF SUBSECTION (A). PRIOR TO MAKING AN
20230SB0750PN0972 - 2 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
EXEMPTION, THE SCHOOL ENTITY MUST MAKE A REASONABLE EFFORT TO
CONTACT THE PARENT OR LEGAL GUARDIAN OF THE STUDENT.
(F) THE AGENCY SHALL PROVIDE A SCHOOL ENTITY WITH
INFORMATION INDICATING WHETHER A STUDENT OF THE SCHOOL ENTITY
HAS COMPLETED THE FAFSA.
(G) NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO
REQUIRE A PARENT, LEGAL GUARDIAN OR STUDENT TO PROVIDE PERSONAL
FINANCIAL INFORMATION TO A SCHOOL ENTITY.
(H) PERSONAL FINANCIAL INFORMATION INADVERTENTLY OBTAINED
FROM A PARENT, LEGAL GUARDIAN OR STUDENT BY A SCHOOL ENTITY AS A
RESULT OF ADMINISTERING THIS SECTION IS NOT A PUBLIC RECORD
ACCESSIBLE FOR INSPECTION AND DUPLICATION IN ACCORDANCE WITH THE
ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE "RIGHT-TO-
KNOW LAW."
(I) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS
THE CONTEXT CLEARLY INDICATES OTHERWISE:
(1) "AGENCY" SHALL MEAN THE PENNSYLVANIA HIGHER EDUCATION
ASSISTANCE AGENCY.
(2) "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF EDUCATION OF
THE COMMONWEALTH.
(3) "FAFSA" SHALL MEAN THE FREE APPLICATION FOR FEDERAL
STUDENT AID.
(4) "SCHOOL ENTITY" SHALL MEAN AN AREA CAREER AND TECHNICAL
SCHOOL, CHARTER SCHOOL, CYBER CHARTER SCHOOL, NONPUBLIC SCHOOL,
PRIVATE SCHOOL, REGIONAL CHARTER SCHOOL OR SCHOOL DISTRICT.
Section 2. This act shall take effect in 60 days.
20230SB0750PN0972 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27