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HOUSE DOCKET, NO. 2982 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1294
The Commonwealth of Massachusetts
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PRESENTED BY:
Andres X. Vargas and Chynah Tyler
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to facilitate student financial assistance.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Andres X. Vargas3rd Essex1/10/2023Chynah Tyler7th Suffolk1/19/2023Michelle M. DuBois10th Plymouth2/7/2023Natalie M. Higgins4th Worcester2/10/2023Joanne M. ComerfordHampshire, Franklin and Worcester3/1/2023Russell E. Holmes6th Suffolk3/9/2023 1 of 4
HOUSE DOCKET, NO. 2982 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1294
By Representatives Vargas of Haverhill and Tyler of Boston, a petition (accompanied by bill,
House, No. 1294) of Andres X. Vargas, Chynah Tyler and others for legislation to facilitate
student financial assistance. Higher Education.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to facilitate student financial assistance.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 1D of Chapter 69 of the Massachusetts General Laws, as appearing
2in the 2018 Official Edition, is hereby amended by inserting after paragraph (iii) the following: -
3 (iv) It is hereby declared to be the policy of the commonwealth to maximize federal and
4state postsecondary financial aid options through the encouragement and requirement of
5graduating students to submit the applicable application for federal and state financial aid.
6 Before graduating from high school, each student must submit a free application for
7federal student aid, also known as FAFSA.
8 A student is not required to comply with subsection (a) if: (1) the student ’s parent or
9guardian submits a signed form described in subsection (c) indicating that the parent or guardian
10authorizes the student to decline to complete and submit the financial aid application; or (2) the
11student signs and submits the form referenced in subsection (1c) on the student ’s own behalf if
12the student is 18 years of age or older or legally emancipated; or (3) the student’s school files the 2 of 4
13form referenced in subsection (c)(2) to be approved by the school district, if the student has not
14reached 18 years of age.
15 The Massachusetts Department of Elementary and Secondary Education shall develop
16and all school districts shall adopt two forms to be used for the purposes of subsection (b), as
17follows: A form to be signed by a parent/guardian, or by a student over 18 years of age or legally
18emancipated. This form shall be written in accessible language, translated into families’ preferred
19languages, and require no personal information except for student and parent/guardian (if
20applicable) name and signature. The form cannot require any information on citizenship status.
21 A form filed by the school district on behalf of a student under the age of 18 who is not
22legally emancipated. The form shall be signed by the principal of the student’s school and shall
23include the following information: (a) attestation that the student meets all other graduation
24requirements; (b) attestation that the school has made a good faith effort to contact the family
25and to provide any support necessary to submit the FAFSA, including at least 3 personalized
26communications in the family’s preferred language.
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28 Prior to completion of high school, each school district shall ensure that every student
29complies with subsection (a) or (b) and must provide to each high school student and, if
30applicable, their parent or guardian any support or assistance necessary to comply with this
31Section.
32 The commissioner shall provide guidance to districts related to the implementation of this
33section regarding the distribution of information related to this requirement, reporting
34requirements expected of school districts, and information to parents and guardians related to all 3 of 4
35options for high school students. Provided further, each district must annually report to the
36department of elementary and secondary education by September 30 the following: number of
37students completing and submitting the free application for federal student aid; the number of
38students who received an exemption to this requirement through paragraph (iv) subsections
39(b)(1), (b)(2) and (b)(3) separately and in combination; and students who are exempted through
40subsections (c) (1) and (c) (2) separately and in combination.
41 SECTION 2
42 Section 2. (a) There shall be established and set up on the books of the commonwealth a
43separate fund to be known as the FAFSA Trust Fund. The fund shall be administered by the
44Commissioner of elementary and secondary education. The fund shall be credited with: (i)
45revenue from appropriations or other money authorized by the general court and specifically
46designated to be credited to the fund; (ii) interest earned on such revenues; and (iii) funds from
47public and private sources such as gifts, grants and donations to aid districts in supporting
48students, parents, and guardians with Free Application for Federal Student Aid submission.
49Amounts credited to the fund shall not be subject to further appropriation and any money
50remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
51 (b) Amounts credited to the fund may focus on underserved communities across the
52commonwealth, including those school districts with high concentrations of economically
53disadvantaged students, and may be expended, without further appropriation, by the
54commissioner for the following purposes: (i) to assist with the implementation and execution of
55subsection 1(a), including staff and administrator training; (ii) for the development of workshops
56and other support services and systems; and (iii) for the collaboration with stakeholder and 4 of 4
57community organizations to support students, parents, and guardians with Free Application for
58Federal Student Aid submission.
59 (c) Amounts received from private sources shall be approved by the commissioner of
60elementary and secondary education and subject to review before being deposited in the fund to
61ensure that pledged funds are not accompanied by conditions, explicit or implicit, on the
62implementation of FAFSA workshops or other programming that may be detrimental to students,
63parents, guardians, school districts, or that places limitations or restrictions on how funds can be
64used to support the implementation of this section. The review shall be made publicly available.
65 (d) Annually, not later than October 1, the commissioner shall report to the clerks of the
66house of representatives and senate, the joint committee on education and the house and senate
67committees on ways and means on the fund's activity. The report shall include, but not be limited
68to: (i) the source and amount of funds received; (ii) the amounts distributed and the purpose of
69expenditures from the fund, including but not limited to, funds expended to assist school districts
70in meeting the requirements in subsection 1(a); (iii) any grants provided to high schools and
71other stakeholder organizations; and (iv) anticipated revenue and expenditure projections for the
72next year.
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74 SECTION 3. Section 1 of this act shall take effect on October 1, 2026. Section 2 of this
75act shall take effect October 1, 2025.
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