HOUSE . . . . . . . . No. 4269 The Commonwealth of Massachusetts ________________________________________ HOUSE OF REPRESENTATIVES, January 22, 2024. The committee on Higher Education to whom was referred the petition (accompanied by bill, House, No. 1294) of Andres X. Vargas, Chynah Tyler and others for legislation to facilitate student financial assistance, reports recommending that the accompanying bill (House, No. 4269) ought to pass. For the committee, DAVID M. ROGERS. 1 of 4 FILED ON: 1/18/2024 HOUSE . . . . . . . . . . . . . . . No. 4269 The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ 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) (a) It is hereby declared to be the policy of the commonwealth to maximize federal 4and state 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 (b) A student is not required to comply with section (a) if: (1) the student ’s parent or 9guardian submits a signed form described in section (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 section (c) on the student ’s own behalf if the 12student is 18 years of age or older or legally emancipated; or (3) the student’s school files the 2 of 4 13form referenced in section (c) to be approved by the school district, if the student has not reached 1418 years of age. 15 (c)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. 27 Prior to completion of high school, each school district shall ensure that every student 28complies with section (a) or (b) and must provide to each high school student and, if applicable, 29their parent or guardian any support or assistance necessary to comply with this Section. 30 (d) The commissioner shall provide guidance to districts related to the implementation of 31this section regarding the distribution of information related to this requirement, reporting 32requirements expected of school districts, and information to parents and guardians related to all 33options for high school students. Provided further, each district must annually report to the 34department of elementary and secondary education by September 30 the following: number of 3 of 4 35students completing and submitting the free application for federal student aid; the number of 36students who received an exemption to this requirement through paragraph (iv) subsections 37(b)(1), (b)(2) and (b)(3) separately and in combination, provided further that this data be broken 38down by race; ethnicity; primary city or town of residence and such other categories that the 39department may determine. 40 SECTION 2 41 Section 2. (a) There shall be established and set up on the books of the commonwealth a 42separate fund to be known as the FAFSA Trust Fund. The fund shall be administered by the 43Commissioner of elementary and secondary education. The fund shall be credited with: (i) 44revenue from appropriations or other money authorized by the general court and specifically 45designated to be credited to the fund; (ii) interest earned on such revenues; and (iii) funds from 46public and private sources such as gifts, grants and donations to aid districts in supporting 47students, parents, and guardians with Free Application for Federal Student Aid submission. 48Amounts credited to the fund shall not be subject to further appropriation and any money 49remaining in the fund at the end of a fiscal year shall not revert to the General Fund. 50 (b) Amounts credited to the fund may focus on underserved communities across the 51commonwealth, including those school districts with high concentrations of economically 52disadvantaged students, and may be expended, without further appropriation, by the 53commissioner for the following purposes: (i) to assist with the implementation and execution of 54section (a), including staff and administrator training; (ii) for the development of workshops and 55other support services and systems; and (iii) for the collaboration with stakeholder and 4 of 4 56community organizations to support students, parents, and guardians with Free Application for 57Federal Student Aid submission. 58 (c) Amounts received from private sources shall be approved by the commissioner of 59elementary and secondary education and subject to review before being deposited in the fund to 60ensure that pledged funds are not accompanied by conditions, explicit or implicit, on the 61implementation of FAFSA workshops or other programming that may be detrimental to students, 62parents, guardians, school districts, or that places limitations or restrictions on how funds can be 63used to support the implementation of this section. The review shall be made publicly available. 64 (d) Annually, not later than October 1, the commissioner shall report to the clerks of the 65house of representatives and senate, the joint committee on education and the house and senate 66committees on ways and means on the fund's activity. The report shall include, but not be limited 67to: (i) the source and amount of funds received; (ii) the amounts distributed and the purpose of 68expenditures from the fund, including but not limited to, funds expended to assist school districts 69in meeting the requirements in section (a); (iii) any grants provided to high schools and other 70stakeholder organizations; and (iv) anticipated revenue and expenditure projections for the next 71year. 72 SECTION 3. Section 1 of this act shall take effect on October 1, 2026. Section 2 of this 73act shall take effect October 1, 2025.