S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8953
 
                           I N  A S S E M B L Y
 
                             January 30, 2024
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Education
 
 AN  ACT  to amend the education law, in relation to enacting a universal
   financial aid policy
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The education law is amended by adding a new section 665-b
 to read as follows:
   § 665-B. UNIVERSAL FINANCIAL AID POLICY. 1. DEFINITIONS.  AS  USED  IN
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "FAFSA" SHALL MEAN THE FREE APPLICATION FOR FEDERAL STUDENT AID.
   (B)  "INCOME"  SHALL  MEAN THE ADJUSTED GROSS INCOME USED TO DETERMINE
 THE AMOUNT OF FEDERAL PELL GRANT PAID  BY  THE  SECRETARY  OF  EDUCATION
 UNDER 20 U.S.C. § 1070A OR INCOME USED TO DETERMINE A TAP AWARD PURSUANT
 TO SECTION SIX HUNDRED SIXTY-THREE OF THIS SUBPART.
   (C)  "LEVEL  OF  PARENTAL  EDUCATION"  SHALL REFER TO WHETHER OR NOT A
 STUDENT'S PARENTS OBTAINED A DOCTORATE OR PROFESSIONAL DEGREE,  GRADUATE
 DEGREE, BACHELOR'S DEGREE, ASSOCIATE DEGREE, HIGH SCHOOL DIPLOMA, ALTER-
 NATIVE  HIGH  SCHOOL  CREDENTIAL,  OR  ATTENDED  HIGH SCHOOL BUT DID NOT
 RECEIVE ANY KIND OF DIPLOMA OR CREDENTIAL, PROVIDED THAT  THE  PRESIDENT
 SHALL  RETAIN  THE DISCRETION TO INCLUDE ADDITIONAL CATEGORIES AS DEEMED
 APPROPRIATE.
   (D) "LOCAL EDUCATIONAL AGENCY" SHALL MEAN A  PUBLIC  SCHOOL  DISTRICT,
 CHARTER  SCHOOL, OR NONPUBLIC SCHOOL WHICH EDUCATES STUDENTS THROUGH THE
 TWELFTH GRADE, BUT SHALL NOT INCLUDE BOARDS OF  COOPERATIVE  EDUCATIONAL
 SERVICES,  SPECIAL ACT SCHOOL DISTRICTS AS DEFINED IN SECTION FOUR THOU-
 SAND ONE OF THIS CHAPTER, APPROVED PRIVATE RESIDENTIAL  OR  NON-RESIDEN-
 TIAL  SCHOOLS  FOR THE EDUCATION OF STUDENTS WITH DISABILITIES INCLUDING
 PRIVATE SCHOOLS ESTABLISHED UNDER CHAPTER EIGHT HUNDRED  FIFTY-THREE  OF
 THE  LAWS  OF  NINETEEN HUNDRED SEVENTY-SIX, OR STATE-OPERATED OR STATE-
 SUPPORTED SCHOOLS IN ACCORDANCE WITH ARTICLE  EIGHTY-FIVE,  EIGHTY-SEVEN
 OR EIGHTY-EIGHT OF THIS CHAPTER.
   (E)  "SCHOOL"  SHALL  MEAN AN INDIVIDUAL SCHOOL WITHIN A PUBLIC SCHOOL
 DISTRICT OR A CHARTER SCHOOL OR NONPUBLIC SCHOOL WHICH EDUCATES STUDENTS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13507-07-4
 A. 8953                             2
 
 THROUGH THE TWELFTH GRADE, BUT SHALL NOT INCLUDE BOARDS  OF  COOPERATIVE
 EDUCATIONAL SERVICES, SPECIAL ACT SCHOOL DISTRICTS AS DEFINED IN SECTION
 FOUR  THOUSAND ONE OF THIS CHAPTER, APPROVED PRIVATE RESIDENTIAL OR NON-
 RESIDENTIAL  SCHOOLS  FOR  THE  EDUCATION  OF STUDENTS WITH DISABILITIES
 INCLUDING  PRIVATE  SCHOOLS  ESTABLISHED  UNDER  CHAPTER  EIGHT  HUNDRED
 FIFTY-THREE  OF THE LAWS OF NINETEEN HUNDRED SEVENTY-SIX, OR STATE-OPER-
 ATED OR STATE-SUPPORTED SCHOOLS IN ACCORDANCE WITH ARTICLE  EIGHTY-FIVE,
 EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER.
   (F)  "STUDENT  AID INDEX" SHALL MEAN A CALCULATION BY A COLLEGE OF HOW
 MUCH FEDERAL STUDENT AID AN APPLICANT IS ELIGIBLE  TO  RECEIVE  IF  THEY
 ATTEND SUCH COLLEGE.
   (G) "TAP" SHALL REFER TO THE TUITION ASSISTANCE PROGRAM AWARDS CREATED
 IN SECTION SIX HUNDRED SIXTY-SEVEN OF THIS PART.
   (H)  "UNACCOMPANIED YOUTH" SHALL HAVE THE SAME MEANING AS SET FORTH IN
 42 USC §11434A(6).
   2. UNIVERSAL FINANCIAL AID POLICY. EACH LOCAL  EDUCATIONAL  AGENCY  IN
 THIS  STATE  SHALL  REQUIRE  EACH HIGH SCHOOL SENIOR OR EACH HIGH SCHOOL
 SENIOR AND SUCH SENIOR'S PARENT OR LEGAL  GUARDIAN,  AS  APPLICABLE,  TO
 COMPLETE  THE  FAFSA, AN APPLICATION FOR TAP, OR A WAIVER FORM DESCRIBED
 IN SUBDIVISION FOUR OF THIS SECTION BEFORE A STUDENT'S  DATE  OF  GRADU-
 ATION,  PROVIDED,  HOWEVER,  THAT  A STUDENT SHALL NOT BE PREVENTED FROM
 GRADUATING IF SUCH STUDENT DOES NOT COMPLETE ONE OF THE FORMS OR  APPLI-
 CATIONS DESCRIBED HEREIN.
   3. DATA SHARING AGREEMENTS. (A) IN ENABLING LOCAL EDUCATIONAL AGENCIES
 TO  COMPLY  WITH  THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, THE
 CORPORATION SHALL ENTER INTO DATA SHARING AGREEMENTS WITH SUCH  AGENCIES
 WHICH  SHALL  COMPLY  WITH THE PROVISIONS OF THIS SUBDIVISION. SUCH DATA
 SHALL CONSIST OF A LIST OF HIGH SCHOOL SENIORS FOR WHICH THE FAFSA OR  A
 TAP  APPLICATION  HAS  BEEN  SUBMITTED  AND/OR ACCEPTED, AS DESCRIBED IN
 PARAGRAPH (B) OF THIS SUBDIVISION. SUCH DATA SHARING  AGREEMENTS  SHALL,
 AT A MINIMUM, STIPULATE THAT:
   (I)  ALL  INFORMATION  RECEIVED  OR  ACCESSED BY THE LOCAL EDUCATIONAL
 AGENCY SHALL BE DEEMED CONFIDENTIAL AND PROPRIETARY TO THE  CORPORATION.
 ALL  SUCH  INFORMATION  MAY  NOT  BE  USED FOR ANY PURPOSE OTHER THAN TO
 ASSIST SUCH AGENCIES IN COMPLYING WITH SUBDIVISION TWO OF THIS SECTION.
   (II) THE LOCAL EDUCATIONAL AGENCY AND CORPORATION SHALL  BE  BOUND  BY
 THE  PROVISIONS  OF  ARTICLE TWO OF THE STATE TECHNOLOGY LAW, THE FAMILY
 EDUCATIONAL RIGHTS AND PRIVACY ACT OF 2001 (20 U.S.C. § 1232G); SUBPARA-
 GRAPH (E) OF PARAGRAPH (3) OF SUBDIVISION (A)  OF  SECTION  483  OF  THE
 FEDERAL  HIGHER  EDUCATION  ACT, 20 USC §1090(A)(3)(E), SECTION TWO-D OF
 THIS CHAPTER, AND OTHER APPLICABLE LOCAL, STATE,  AND  FEDERAL  STATUTES
 WHICH PROTECT THE PRIVACY OF STUDENT DATA.
   (III)  INFORMATION RECEIVED FROM THE CORPORATION SHALL BE STORED ELEC-
 TRONICALLY AND ENCRYPTED, PASSWORD-PROTECTED,  STORED  ON  A  LAPTOP  OR
 COMPUTER  WITH  A SCREEN-LOCK, AND SUBJECT TO ANY OTHER PRECAUTIONS THAT
 THE CORPORATION FEELS NECESSARY TO STIPULATE IN ORDER TO ENSURE THAT THE
 INFORMATION IS STORED SECURELY.
   (IV) THE LOCAL EDUCATIONAL AGENCY SHALL  DESIGNATE  A  SINGULAR  CHIEF
 AUTHORIZING OFFICER WHO SHALL BE RESPONSIBLE FOR IDENTIFYING AND AUTHOR-
 IZING  THE  PERSONNEL WHO WILL HAVE ACCESS TO THE STUDENT DATA DESCRIBED
 HEREIN. SUCH AUTHORIZATION SHALL BE LIMITED TO ONLY THOSE PERSONNEL  WHO
 REQUIRE SUCH ACCESS IN ORDER TO CARRY OUT THE PROVISIONS OF THIS SECTION
 AND  SUCH  PERSONNEL SHALL HAVE SUCH ACCESS REVOKED UPON A DETERMINATION
 BY THE OFFICER THAT SUCH ACCESS IS NO LONGER NEEDED.
 A. 8953                             3
 
   (V) ALL RECORDS MAINTAINED BY THE LOCAL EDUCATIONAL AGENCY  CONTAINING
 THE  INFORMATION  DESCRIBED  IN THIS PARAGRAPH SHALL BE SUBJECT TO AUDIT
 AND INSPECTION BY THE CORPORATION AND STATE AND FEDERAL AUDITORS.
   (B) THE LIST OF STUDENTS WHO HAVE COMPLETED A FAFSA OR TAP APPLICATION
 SHALL INCLUDE THE FOLLOWING INFORMATION:
   (I) THE STUDENT'S LAST NAME;
   (II) THE STUDENT'S FIRST NAME AND MIDDLE INITIAL;
   (III) THE STUDENT'S ZIP CODE, BUT NOT FULL ADDRESS;
   (IV)  THE  SCHOOL'S  IDENTIFICATION NUMBER FOR THE NATIONAL CENTER FOR
 EDUCATION STATISTICS AS WELL AS ANY OTHER  NUMBER  THAT  THE  DEPARTMENT
 USES TO IDENTIFY A SCHOOL;
   (V) IF FILED, THE DATE THAT THE FAFSA OR TAP APPLICATION WAS SUBMITTED
 TO THE CORPORATION; AND
   (VI)  IF  SUBMITTED,  THE  DATE  THAT THE FAFSA OR TAP APPLICATION WAS
 ACCEPTED.
   (C) THE PRESIDENT SHALL PUBLISH  ONLINE  IN  A  CLEAR  AND  ACCESSIBLE
 MANNER  AN  UNFILLED  VERSION OF THE DATA SHARING AGREEMENT DESCRIBED IN
 THIS SUBDIVISION.
   4. WAIVER FORM. (A) THE LOCAL EDUCATIONAL  AGENCY  SHALL  ENSURE  THAT
 EACH HIGH SCHOOL SENIOR WHO DOES NOT COMPLETE A FAFSA OR TAP APPLICATION
 SUBMITS  THE  WAIVER FORM DESCRIBED IN THIS SUBDIVISION. SUCH FORM SHALL
 BE SIGNED BY BOTH THE SENIOR AND THE SENIOR'S PARENT OR LEGAL  GUARDIAN,
 OR,  IF THE SENIOR IS EIGHTEEN YEARS OF AGE OR OLDER AND LEGALLY EMANCI-
 PATED OR AN UNACCOMPANIED YOUTH, SIGNED SOLELY BY THE SENIOR, AND  SHALL
 CERTIFY  THAT  THE SENIOR UNDERSTANDS WHAT THE FAFSA AND TAP APPLICATION
 IS BUT HAS CHOSEN NOT TO FILE.  SUCH  SENIOR,  OR  SENIOR'S  PARENTS  AS
 APPLICABLE, SHALL NOT BE REQUIRED TO STATE THE REASON FOR THE FAILURE TO
 FILE SUCH FAFSA OR TAP APPLICATION.
   (B)  THE COMMISSIONER SHALL CREATE A UNIFORM WAIVER FORM, AVAILABLE TO
 ALL LOCAL EDUCATIONAL AGENCIES COVERED IN THIS SECTION,  AND  POST  SUCH
 FORM IN A PROMINENT AND ACCESSIBLE LOCATION ON THE DEPARTMENT'S WEBSITE.
 SUCH  FORM SHALL BE MADE AVAILABLE 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. SCHOOL DISTRICTS SHALL BE REQUIRED  TO
 USE  THE WAIVER FORM DESCRIBED IN THIS PARAGRAPH WHEN COMPLYING WITH THE
 PROVISIONS OF THIS SECTION AND SHALL NOT BE PERMITTED  TO  CREATE  THEIR
 OWN VERSIONS OF SUCH FORM.
   (C)  IF  THE  LOCAL  EDUCATIONAL  AGENCY  DETERMINES THAT A STUDENT IS
 UNABLE TO COMPLETE A REQUIREMENT OF  THIS  SECTION,  SUCH  AGENCY  SHALL
 COMPLETE AND SUBMIT A WAIVER FORM ON THE STUDENT'S BEHALF.
   5.  NOTICE  TO  STUDENTS.  (A)  LOCAL  EDUCATIONAL AGENCIES SHALL GIVE
 NOTICE OF THE REQUIREMENT TO COMPLETE A FAFSA, TAP  APPLICATION,  AND/OR
 WAIVER  AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION NO LESS THAN FOUR
 TIMES THROUGHOUT THE SCHOOL YEAR FOR HIGH SCHOOL SENIORS,  AND  NO  LESS
 THAN  TWO  TIMES  THROUGHOUT  THE  SCHOOL  YEAR FOR HIGH SCHOOL JUNIORS.
 INCLUDED IN SUCH NOTICE SHALL BE AN EXPLANATION OF STATE-SPONSORED SCHO-
 LARSHIPS AND FINANCIAL AID OPPORTUNITIES.
   (B) LOCAL  EDUCATIONAL  AGENCIES  SHALL  DIRECT  STUDENTS  TO  SUPPORT
 SERVICES  THAT  MAY  BE  AVAILABLE  TO ASSIST STUDENTS IN COMPLETING THE
 FAFSA AND TAP APPLICATION AS NECESSARY, INCLUDING  BUT  NOT  LIMITED  TO
 PROGRAMS OPERATED BY THE CORPORATION, POSTSECONDARY IMMIGRATION RESOURCE
 CENTERS, COLLEGE READINESS ORGANIZATIONS, COMMUNITY-BASED ORGANIZATIONS,
 AND LEGAL RESOURCE ORGANIZATIONS.
 A. 8953                             4
 
   (C)  LOCAL EDUCATIONAL AGENCIES SHALL MAKE EVERY EFFORT TO ENSURE THAT
 UNACCOMPANIED YOUTH ARE PROVIDED OR CONNECTED WITH RESOURCES  NEEDED  TO
 COMPLETE A FAFSA OR TAP APPLICATION AS APPROPRIATE.
   6. DATA REPORTING. (A) THE CORPORATION SHALL COMPILE DATA ON FAFSA AND
 TAP  APPLICATION  SUBMISSION  AND ACCEPTANCE RATES FOR EACH LOCAL EDUCA-
 TIONAL AGENCY COVERED BY THIS SECTION  AND  PUBLISH  SUCH  DATA  ON  ITS
 WEBSITE  FOR  EACH  MONTH OF THE YEAR.   REPORTED DATA SHALL INCLUDE THE
 NUMBER OF FAFSA AND TAP APPLICATIONS SUBMITTED AND ACCEPTED:
   (I) BOTH IN TOTAL AND DISAGGREGATED  BY  SCHOOL,  COUNTY,  AND  PUBLIC
 SCHOOL DISTRICT; AND
   (II)  DISAGGREGATED  BY  LEVEL  OF  PARENTAL  EDUCATION, RACIAL AND/OR
 ETHNIC IDENTITY OF THE STUDENT, INCOME, AGE,  GENDER,  AND  STUDENT  AID
 INDEX, AS AVAILABLE TO THE CORPORATION AND WHERE POSSIBLE.
   (B)  THE CORPORATION SHALL PUBLISH THE DATA DESCRIBED IN THIS SUBDIVI-
 SION IN A CLEAR AND ACCESSIBLE MANNER ON ITS WEBSITE.
   (C) THE CORPORATION SHALL CREATE  AN  ONLINE  DASHBOARD  WHICH  TRACKS
 FAFSA  AND  TAP  APPLICATION  SUBMISSION  AND  ACCEPTANCE  RATES FOR THE
 CURRENT YEAR. THE CORPORATION SHALL ALSO PUBLISH A TABLE WHICH  COMPARES
 SUCH  RATES  TO THE RATES OF PRIOR YEARS BEGINNING IN THE YEAR FOLLOWING
 THE EFFECTIVE DATE OF THIS SECTION.
   7. NO PENALTY. A STUDENT WHO DOES NOT FULFILL THE REQUIREMENTS OF THIS
 SECTION SHALL NOT BE PENALIZED  OR  PUNISHED  ON  SUCH  BASIS  AND  THIS
 SECTION SHALL NOT AFFECT A STUDENT'S ABILITY TO GRADUATE.
   §  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
 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.