Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1294 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2982 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1294
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Andres X. Vargas and Chynah Tyler
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to facilitate student financial assistance.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	HOUSE DOCKET, NO. 2982 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1294
18	18	By Representatives Vargas of Haverhill and Tyler of Boston, a petition (accompanied by bill,
19	19	House, No. 1294) of Andres X. Vargas, Chynah Tyler and others for legislation to facilitate
20	20	student financial assistance. Higher Education.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act to facilitate student financial assistance.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 1D of Chapter 69 of the Massachusetts General Laws, as appearing
30	30	2in the 2018 Official Edition, is hereby amended by inserting after paragraph (iii) the following: -
31	31	3 (iv) It is hereby declared to be the policy of the commonwealth to maximize federal and
32	32	4state postsecondary financial aid options through the encouragement and requirement of
33	33	5graduating students to submit the applicable application for federal and state financial aid.
34	34	6 Before graduating from high school, each student must submit a free application for
35	35	7federal student aid, also known as FAFSA.
36	36	8 A student is not required to comply with subsection (a) if: (1) the student ’s parent or
37	37	9guardian submits a signed form described in subsection (c) indicating that the parent or guardian
38	38	10authorizes the student to decline to complete and submit the financial aid application; or (2) the
39	39	11student signs and submits the form referenced in subsection (1c) on the student ’s own behalf if
40	40	12the student is 18 years of age or older or legally emancipated; or (3) the student’s school files the 2 of 4
41	41	13form referenced in subsection (c)(2) to be approved by the school district, if the student has not
42	42	14reached 18 years of age.
43	43	15 The Massachusetts Department of Elementary and Secondary Education shall develop
44	44	16and all school districts shall adopt two forms to be used for the purposes of subsection (b), as
45	45	17follows: A form to be signed by a parent/guardian, or by a student over 18 years of age or legally
46	46	18emancipated. This form shall be written in accessible language, translated into families’ preferred
47	47	19languages, and require no personal information except for student and parent/guardian (if
48	48	20applicable) name and signature. The form cannot require any information on citizenship status.
49	49	21 A form filed by the school district on behalf of a student under the age of 18 who is not
50	50	22legally emancipated. The form shall be signed by the principal of the student’s school and shall
51	51	23include the following information: (a) attestation that the student meets all other graduation
52	52	24requirements; (b) attestation that the school has made a good faith effort to contact the family
53	53	25and to provide any support necessary to submit the FAFSA, including at least 3 personalized
54	54	26communications in the family’s preferred language.
55	55	27
56	56	28 Prior to completion of high school, each school district shall ensure that every student
57	57	29complies with subsection (a) or (b) and must provide to each high school student and, if
58	58	30applicable, their parent or guardian any support or assistance necessary to comply with this
59	59	31Section.
60	60	32 The commissioner shall provide guidance to districts related to the implementation of this
61	61	33section regarding the distribution of information related to this requirement, reporting
62	62	34requirements expected of school districts, and information to parents and guardians related to all 3 of 4
63	63	35options for high school students. Provided further, each district must annually report to the
64	64	36department of elementary and secondary education by September 30 the following: number of
65	65	37students completing and submitting the free application for federal student aid; the number of
66	66	38students who received an exemption to this requirement through paragraph (iv) subsections
67	67	39(b)(1), (b)(2) and (b)(3) separately and in combination; and students who are exempted through
68	68	40subsections (c) (1) and (c) (2) separately and in combination.
69	69	41 SECTION 2
70	70	42 Section 2. (a) There shall be established and set up on the books of the commonwealth a
71	71	43separate fund to be known as the FAFSA Trust Fund. The fund shall be administered by the
72	72	44Commissioner of elementary and secondary education. The fund shall be credited with: (i)
73	73	45revenue from appropriations or other money authorized by the general court and specifically
74	74	46designated to be credited to the fund; (ii) interest earned on such revenues; and (iii) funds from
75	75	47public and private sources such as gifts, grants and donations to aid districts in supporting
76	76	48students, parents, and guardians with Free Application for Federal Student Aid submission.
77	77	49Amounts credited to the fund shall not be subject to further appropriation and any money
78	78	50remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
79	79	51 (b) Amounts credited to the fund may focus on underserved communities across the
80	80	52commonwealth, including those school districts with high concentrations of economically
81	81	53disadvantaged students, and may be expended, without further appropriation, by the
82	82	54commissioner for the following purposes: (i) to assist with the implementation and execution of
83	83	55subsection 1(a), including staff and administrator training; (ii) for the development of workshops
84	84	56and other support services and systems; and (iii) for the collaboration with stakeholder and 4 of 4
85	85	57community organizations to support students, parents, and guardians with Free Application for
86	86	58Federal Student Aid submission.
87	87	59 (c) Amounts received from private sources shall be approved by the commissioner of
88	88	60elementary and secondary education and subject to review before being deposited in the fund to
89	89	61ensure that pledged funds are not accompanied by conditions, explicit or implicit, on the
90	90	62implementation of FAFSA workshops or other programming that may be detrimental to students,
91	91	63parents, guardians, school districts, or that places limitations or restrictions on how funds can be
92	92	64used to support the implementation of this section. The review shall be made publicly available.
93	93	65 (d) Annually, not later than October 1, the commissioner shall report to the clerks of the
94	94	66house of representatives and senate, the joint committee on education and the house and senate
95	95	67committees on ways and means on the fund's activity. The report shall include, but not be limited
96	96	68to: (i) the source and amount of funds received; (ii) the amounts distributed and the purpose of
97	97	69expenditures from the fund, including but not limited to, funds expended to assist school districts
98	98	70in meeting the requirements in subsection 1(a); (iii) any grants provided to high schools and
99	99	71other stakeholder organizations; and (iv) anticipated revenue and expenditure projections for the
100	100	72next year.
101	101	73
102	102	74 SECTION 3. Section 1 of this act shall take effect on October 1, 2026. Section 2 of this
103	103	75act shall take effect October 1, 2025.
104	104	76