An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in high schools, providing for Free Application for Federal Student Aid.

PRIOR PRINTER'S NOS. 206, 753 PRINTER'S NO. 765
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 310
Session of
2025
INTRODUCED BY MARTIN, ARGALL, BARTOLOTTA, BOSCOLA, BROWN,
FONTANA, MILLER, PENNYCUICK, SANTARSIERO, CULVER, VOGEL AND
STEFANO, FEBRUARY 18, 2025
AS AMENDED ON THIRD CONSIDERATION, MAY 12, 2025
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in high schools, providing for Free
Application for Federal Student Aid.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1617. Free Application for Federal Student Aid.--(a)
Beginning with the 2025-2026 school year, prior to completing
high school, a student who attends a school entity , nonpublic
school or private school in this Commonwealth, unless exempted
under subsection (e), shall file a FAFSA with the United States
Department of Education or submit an opt-out form in accordance
with subsection (b).
(b) The parent or legal guardian of a student or, if a
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student is at least eighteen years of age or legally
emancipated, the student may opt out of filing the FAFSA under
subsection (a) by completing and submitting to the school
entity , nonpublic school or private school an opt-out form
developed by the department, in consultation with the agency.
The opt-out form shall include a statement that the parent,
legal guardian or student, as applicable, understands the
purpose of the FAFSA and has chosen not to file the application.
(c) The department shall make the opt-out form available to
school entities , nonpublic schools and private schools and post
the opt-out form on the department's publicly accessible
Internet website.
(d) A school entity , nonpublic school or private school
shall provide a copy of the opt-out form to parents, legal
guardians and students.
(e) If a FAFSA is not filed or opt-out form is not submitted
on behalf of a student, the school entity , nonpublic school or
private school may exempt the student from the provisions of
subsection (a). Prior to making an exemption, the school entity ,
nonpublic school or private school must make a reasonable effort
to contact the parent or legal guardian of the student.
(f) The agency shall provide a school entity , nonpublic
school or private school with information indicating whether a
student of the school entity , nonpublic school or private school
has completed the FAFSA, provided the agency has access to the
information.
(g) Nothing contained in this section shall be construed to
require a parent, legal guardian or student to provide personal
financial information to a school entity , nonpublic school or
private school .
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(h) Personal financial information inadvertently obtained
from a parent, legal guardian or student by a school entity ,
nonpublic school or private school as a result of administering
this section is not a public record accessible for inspection
and duplication in accordance with the act of February 14, 2008
(P.L.6, No.3), known as the "Right-to-Know Law."
(i) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Agency" shall mean the Pennsylvania Higher Education
Assistance Agency.
"Department" shall mean the Department of Education of the
Commonwealth.
"FAFSA" shall mean the Free Application for Federal Student
Aid.
"Nonpublic school" shall mean a nonprofit school, other than
a public school within this Commonwealth, in which a resident of
this Commonwealth may legally fulfill the compulsory school
attendance requirements of this act and that meets the
applicable requirements of Title VI of the Civil Rights Act of
1964 (Public Law 88-352, 42 U.S.C. § 2000 et seq.).
"Private school" shall mean a private academic school as
defined in section 2 of the act of January 28, 1988 (P.L.24,
No.11), known as the Private Academic Schools Act.
"School entity" shall mean an area career and technical
school, charter school, cyber charter school, regional charter
school or school district.
Section 2. This act shall take effect in 60 days.
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