S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1164
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. JACOBSON, FAHY, DICKENS -- read once and referred
   to the Committee on Education
 
 AN  ACT  to  amend the education law, in relation to high school diploma
   requirements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 60 to read as follows:
   60.  A.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, THE
 COMMISSIONER SHALL PROMULGATE RULES AND  REGULATIONS  TO  REQUIRE  AS  A
 CONDITION  OF AWARDING A HIGH SCHOOL DIPLOMA TO A STUDENT, THE PARENT OR
 GUARDIAN OF SUCH STUDENT OR, IF THE STUDENT IS EIGHTEEN YEARS OF AGE  OR
 OLDER  OR  LEGALLY  EMANCIPATED, SUCH STUDENT, TO COMPLY WITH ONE OF THE
 FOLLOWING:
   (I) COMPLETE AND SUBMIT THE FREE APPLICATION FOR FEDERAL  STUDENT  AID
 (FAFSA) FOR SUCH STUDENT; OR
   (II) COMPLETE A WAIVER FORM PROMULGATED BY THE DEPARTMENT, TO BE FILED
 WITH THE STUDENT'S SCHOOL DISTRICT INDICATING THAT THE PARENT OR GUARDI-
 AN OR, IF THE STUDENT IS EIGHTEEN YEARS OF AGE OR OLDER OR LEGALLY EMAN-
 CIPATED,  THE  STUDENT, UNDERSTANDS WHAT THE FAFSA IS AND HAS CHOSEN NOT
 TO FILE AN APPLICATION PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (I) OF
 THIS PARAGRAPH.
   B. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  THE  COMMIS-
 SIONER  SHALL  PROMULGATE  RULES  AND REGULATIONS TO REQUIRE EACH SCHOOL
 DISTRICT WITH AT LEAST ONE HIGH SCHOOL TO  PROVIDE  EACH  ELIGIBLE  HIGH
 SCHOOL  STUDENT  AND,  IF  APPLICABLE, HIS OR HER PARENT OR GUARDIAN ANY
 SUPPORT OR ASSISTANCE NECESSARY FOR COMPLIANCE WITH THE RULES AND  REGU-
 LATIONS PROMULGATED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION.
   C.  THE  COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REQUIRING
 EACH HIGH SCHOOL TO GIVE NOTICE, NO LESS THAN  FOUR  TIMES  DURING  EACH
 SCHOOL  YEAR,  WITH  AN  EXPLANATION  TO  EACH HIGH SCHOOL SENIOR OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01528-01-3
              

 A. 1164                             2
 
 STATE-SPONSORED SCHOLARSHIPS, FINANCIAL AID AND ASSISTANCE AVAILABLE  TO
 STUDENTS ATTENDING COLLEGE OR POST-SECONDARY EDUCATION.
   §  2.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1164--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of A. JACOBSON, FAHY, DICKENS, AUBRY, EACHUS -- read
   once  and  referred  to  the  Committee  on  Education  --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the education law, in relation to notice of  post-secon-
   dary financial aid programs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 14 of the education law is amended by adding a  new
 part VI to read as follows:
                                   PART VI
                    UNIFORM FINANCIAL AID PRESENTATION
 
 SECTION 694-C. FINANCIAL AID MATERIALS.
         694-D. FINANCIAL AID PRESENTATION.
         694-E. AFFIDAVIT.
         694-F. REPORTING.
         694-G. STATE SPONSORED SCHOLARSHIPS.
   §  694-C.  FINANCIAL  AID  MATERIALS.  THE  CORPORATION SHALL CREATE A
 UNIFORM PRESENTATION ON THE AVAILABILITY OF POST-SECONDARY FINANCIAL AID
 PROGRAMS, INCLUDING TRAINING ON THE FREE APPLICATION FOR FEDERAL STUDENT
 AID (FAFSA) AND APPLICATION FOR AID AVAILABLE TO INDIVIDUALS MEETING THE
 REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH (A) OF  SUBDIVISION  FIVE
 OF  SECTION  SIX  HUNDRED SIXTY-ONE OF THIS ARTICLE. THE CORPORATION, IN
 CONJUNCTION WITH THE DEPARTMENT, SHALL DISTRIBUTE THE PRESENTATION MATE-
 RIALS TO ALL SCHOOLS THROUGHOUT THE STATE WHICH EDUCATE STUDENTS THROUGH
 TWELFTH GRADE. EACH SCHOOL SHALL BE REQUIRED TO USE SUCH MATERIALS  WHEN
 COMPLYING WITH THE PROVISIONS OF THIS PART AND SHALL NOT BE PERMITTED TO
 CREATE THEIR OWN VERSIONS OF SUCH PRESENTATION MATERIALS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01528-08-3
 A. 1164--B                          2
              

 
   §  694-D.  FINANCIAL  AID   PRESENTATION. 1. EACH SCHOOL IN THIS STATE
 WHICH EDUCATES STUDENTS THROUGH  TWELFTH  GRADE  SHALL  BE  REQUIRED  TO
 CONDUCT  ORAL  PRESENTATIONS  ON  POST-SECONDARY FINANCIAL AID PROGRAMS,
 USING THE MATERIALS DEVELOPED  BY  THE  CORPORATION  UNDER  SECTION  SIX
 HUNDRED NINETY-FOUR-C OF THIS PART, TO HIGH SCHOOL SENIORS AT LEAST ONCE
 DURING  THE SCHOOL YEAR. PRESENTATIONS THAT INCLUDE TRAINING ON COMPLET-
 ING THE FREE APPLICATION FOR FEDERAL STUDENT AID (FAFSA) AND THE  APPLI-
 CATION  FOR  AID  AVAILABLE  TO  INDIVIDUALS MEETING THE REQUIREMENTS OF
 SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION FIVE  OF  SECTION  SIX
 HUNDRED SIXTY-ONE OF THIS ARTICLE, SHALL BE GIVEN TO ALL STUDENTS IN THE
 SAME  PRESENTATION OR PRESENTATIONS AND STUDENTS SHALL NOT BE SEPARATELY
 PRESENTED TO ON THE BASIS OF THE TYPE OF AID THEY MAY QUALIFY FOR.
   2. EACH HIGH SCHOOL SENIOR SHALL BE REQUIRED TO COMPLETE AN  AFFIDAVIT
 FORM, SIGNED BY BOTH THE STUDENT AND STUDENT'S PARENT OR LEGAL GUARDIAN,
 OR,  IF THE STUDENT IS EIGHTEEN YEARS OF AGE OR OLDER OR LEGALLY EMANCI-
 PATED, SIGNED  SOLELY  BY  THE  STUDENT,  CERTIFYING  THAT  THE  STUDENT
 ATTENDED  THE  PRESENTATION DESCRIBED IN SUBDIVISION ONE OF THIS SECTION
 OR RECEIVED A WRITTEN COPY OF THE MATERIALS FROM SUCH PRESENTATION. SUCH
 AFFIDAVIT SHALL DECLARE THAT THE STUDENT INTENDS  FILE  A  FAFSA  OR  AN
 APPLICATION  FOR  INDIVIDUALS  MEETING  THE REQUIREMENTS OF SUBPARAGRAPH
 (II) OF PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION SIX HUNDRED  SIXTY-
 ONE  OF THIS ARTICLE, OR NEITHER TYPE OF AID. THE AFFIDAVIT SHALL COUPLE
 TOGETHER BOTH THE FAFSA APPLICATION AND THE APPLICATION FOR  INDIVIDUALS
 MEETING THE REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDI-
 VISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS ARTICLE IN THE SAME
 GROUPING.
   § 694-E. AFFIDAVIT. 1. THE COMMISSIONER SHALL CREATE A UNIFORM AFFIDA-
 VIT  REQUIRED  UNDER THIS PART. SUCH AFFIDAVIT FORM SHALL BE MADE AVAIL-
 ABLE IN THE TWELVE MOST COMMON NON-ENGLISH LANGUAGES SPOKEN BY  LIMITED-
 ENGLISH  PROFICIENT  INDIVIDUALS  IN THE STATE, BASED ON THE DATA IN THE
 MOST RECENT AMERICAN COMMUNITY SURVEY PUBLISHED  BY  THE  UNITED  STATES
 CENSUS  BUREAU.  THE  COMMISSIONER  MAY, IN THEIR DISCRETION, OFFER SUCH
 FORM IN UP TO FOUR ADDITIONAL LANGUAGES BEYOND THE  TWELVE  MOST  COMMON
 LANGUAGES.  SUCH FORM SHALL BE DISTRIBUTED IN ENGLISH AND ANY ADDITIONAL
 LANGUAGES REQUESTED BY A SCHOOL DISTRICT TO EACH SCHOOL DISTRICT IN THIS
 STATE. SCHOOLS SHALL BE REQUIRED TO USE THE UNIFORM VERSION OF THE AFFI-
 DAVIT FORM  DESCRIBED  IN  THIS  SUBDIVISION  WHEN  COMPLYING  WITH  THE
 PROVISIONS  OF  THIS PART AND SHALL NOT BE PERMITTED TO CREATE THEIR OWN
 VERSIONS OF SUCH FORM.
   2. THE COMMISSIONER SHALL DISTRIBUTE THE AFFIDAVIT FORM TO ALL SCHOOLS
 EDUCATING STUDENTS THROUGH THE  TWELFTH  GRADE.  EACH  SCHOOL  SHALL  BE
 REQUIRED  TO COLLECT THE AFFIDAVIT FROM STUDENTS AND/OR PARENTS OR LEGAL
 GUARDIANS AND TRANSMIT SUCH FORMS  TO  THE  COMMISSIONER  FOR  THE  DATA
 REPORTING PURPOSES DESCRIBED IN THIS PART. EACH SCHOOL SHALL BE REQUIRED
 TO  REPORT  TO  THE COMMISSIONER, ON THE FIRST OF JULY OF EACH YEAR: (A)
 THE TOTAL NUMBER OF COMPLETED AFFIDAVIT FORMS; (B) THE TOTAL  NUMBER  OF
 TWELFTH  GRADE  STUDENTS  IN THE PRIOR ACADEMIC YEAR; AND (C) THE ANTIC-
 IPATED NUMBER OF TWELFTH GRADE STUDENTS IN THE COMING ACADEMIC YEAR. THE
 COMMISSIONER SHALL THEN COMPILE AND SUBMIT SUCH DATA TO THE  CORPORATION
 FOR  THE  PURPOSES  OF  COMPILING  THE  REPORT  DESCRIBED IN SECTION SIX
 HUNDRED NINETY-FOUR-F OF THIS PART.
   § 694-F. REPORTING. 1. THE HIGHER EDUCATION SERVICES CORPORATION SHALL
 BE REQUIRED TO PRODUCE AN ANNUAL REPORT CONTAINING:
   (A) THE TOTAL NUMBER OF COMPLETED AFFIDAVIT FORMS AND TOTAL AND ANTIC-
 IPATED NUMBER OF STUDENTS, PER SCHOOL AND  ON  AN  AGGREGATED  STATEWIDE
 BASIS, AS PROVIDED IN SECTION SIX HUNDRED NINETY-FOUR-E OF THIS PART;
 A. 1164--B                          3
 
   (B) THE TOTAL NUMBER OF FAFSA APPLICATIONS FILED IN THE PRIOR ACADEMIC
 YEAR,  AND  HOW SUCH NUMBER COMPARES TO THE NUMBER OF APPLICATIONS FILED
 IN THE PREVIOUS FIVE YEARS;
   (C)  THE TOTAL NUMBER OF APPLICATIONS FOR AID AVAILABLE TO INDIVIDUALS
 MEETING THE REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDI-
 VISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE  OF  THIS  ARTICLE  IN  THE
 PRIOR  ACADEMIC  YEAR,  AND  HOW  SUCH  NUMBER COMPARES TO THE NUMBER OF
 APPLICATIONS FROM THE PREVIOUS FIVE YEARS.
   2. SUCH REPORT SHALL DESCRIBE THE EFFECT, IF ANY, THAT THE COMMISSION-
 ER BELIEVES THAT THE AFFIDAVIT FORMS REQUIRED UNDER THIS PART  HAVE  HAD
 ON  THE  NUMBER  OF COMPLETED FAFSA APPLICATIONS OR APPLICATIONS FOR AID
 AVAILABLE TO INDIVIDUALS MEETING THE REQUIREMENTS OF  SUBPARAGRAPH  (II)
 OF PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF
 THIS ARTICLE.
   3.  THE  CORPORATION SHALL SEND THE ANNUAL REPORT TO THE COMMISSIONER,
 THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE  CHAIR  OF  THE
 SENATE  COMMITTEE  ON  EDUCATION,  THE  CHAIR OF THE SENATE COMMITTEE ON
 HIGHER EDUCATION, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE ASSEMBLY
 COMMITTEE ON EDUCATION, AND THE CHAIR OF THE ASSEMBLY COMMITTEE ON HIGH-
 ER EDUCATION BY THE FIRST OF SEPTEMBER OF EACH YEAR.  THE  PRESIDENT  OF
 THE CORPORATION AND THE COMMISSIONER SHALL POST THE ANNUAL REPORT ON THE
 CORPORATION  OR  DEPARTMENT'S  WEBSITE BY THE FIRST OF SEPTEMBER OF EACH
 YEAR.
   § 694-G. STATE SPONSORED SCHOLARSHIPS. THE COMMISSIONER, IN  CONSULTA-
 TION  WITH  THE  HIGHER EDUCATION SERVICES CORPORATION, SHALL CREATE AND
 DISTRIBUTE A UNIFORM  NOTICE  DESCRIBING  STATE-SPONSORED  SCHOLARSHIPS,
 FINANCIAL AID, AND ASSISTANCE AVAILABLE TO STUDENTS ATTENDING COLLEGE OR
 POST-SECONDARY  EDUCATION,  INCLUDING  FAFSA  AND  AWARDS  AVAILABLE  TO
 STUDENTS MEETING THE REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH  (A)
 OF  SUBDIVISION  FIVE  OF SECTION SIX HUNDRED SIXTY-ONE OF THIS ARTICLE,
 APPLICATION DEADLINES FOR SUCH SCHOLARSHIPS AND ASSISTANCE, AND INFORMA-
 TION ON GENERAL COLLEGE APPLICATION DEADLINES, TO ALL SCHOOLS  EDUCATING
 STUDENTS  THROUGH  TWELFTH  GRADE.  SUCH  SCHOOLS  SHALL  BE REQUIRED TO
 DISTRIBUTE SUCH NOTICE TO HIGH SCHOOL SENIORS NO LESS  THAN  FOUR  TIMES
 DURING THE SCHOOL YEAR AND TO HIGH SCHOOL JUNIORS NO LESS THAN TWO TIMES
 DURING THE SCHOOL YEAR.
   §  2.  This  act shall take effect on the first of July one year after
 the date on which it shall have become a law. Effective immediately, the
 commissioner of education and president of the higher education services
 corporation shall commence any regulatory action needed for  the  imple-
 mentation of this act.