Tex. Educ. Code Section 28.0256
Financial Aid Application Requirement for High School Graduation


(a)

Before graduating from high school, each student must complete and submit a free application for federal student aid (FAFSA) or a Texas application for state financial aid (TASFA), except as otherwise provided by Subsection (b).

(b)

A student is not required to comply with Subsection (a) if:

(1)

the student’s parent or other person standing in parental relation submits a signed form indicating that the parent or other person authorizes the student to decline to complete and submit the financial aid application;

(2)

the student signs and submits the form described by Subdivision (1) on the student’s own behalf if the student is 18 years of age or older or the student’s disabilities of minority have been removed for general purposes under Chapter 31 (Removal of Disabilities of Minority), Family Code; or

(3)

a school counselor authorizes the student to decline to complete and submit the financial aid application for good cause, as determined by the school counselor.

(c)

A school district or open-enrollment charter school shall adopt a form to be used for purposes of Subsection (b). The form must:

(1)

be approved by the agency;

(2)

provide the student or the student’s parent or other person standing in parental relation, as applicable, the opportunity to decline to complete and submit a financial aid application, as provided by Subsection (b); and

(3)

be made available in English, Spanish, and any other language spoken by a majority of the students enrolled in a bilingual education or special language program under Subchapter B (State Policy), Chapter 29 (Educational Programs), in the district or school.

(d)

If a school counselor notifies a school district or open-enrollment charter school whether a student has complied with this section for purposes of determining whether the student meets high school graduation requirements under Section 28.025 (High School Diploma and Certificate; Academic Achievement Record), the school counselor may only indicate whether the student has complied with this section and may not indicate the manner in which the student complied, except as necessary for the district or school to comply with rules adopted under Subsection (e)(2). A school counselor may not indicate that a student has not complied with this section if the school district or open-enrollment charter school fails to provide the form adopted under Subsection (c) to the student or the student’s parent or other person standing in parental relation to the student.

(e)

The commissioner shall adopt rules as necessary to implement this section, including rules to:

(1)

establish:

(A)

a timeline for:
(i)
the distribution to students of the free application for federal student aid or Texas application for state financial aid and the form adopted under Subsection (c); and
(ii)
the submission of a form under Subsection (b);

(B)

standards regarding the information that a school district or open-enrollment charter school must provide to students regarding:
(i)
in accordance with Section 33.007 (Counseling Regarding Postsecondary Education)(b)(5), instructions for filling out the free application for federal student aid or Texas application for state financial aid; and
(ii)
the options available to a student under Subsection (b) if the student wishes to decline to complete and submit a financial aid application; and

(C)

the method by which a student must provide to a school district or open-enrollment charter school proof that the student has completed and submitted the free application for federal student aid or Texas application for state financial aid as required by this section;

(2)

require each school district and open-enrollment charter school to report to the agency:

(A)

the number of students who completed and submitted a financial aid application under Subsection (a); and

(B)

the number of students who received an exception from complying with Subsection (a) under Subsection (b); and

(3)

ensure compliance with federal law regarding confidentiality of student educational information, including the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law relating to the privacy of student information.
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.015, eff. June 12, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 559 (S.B. 369), Sec. 1, eff. June 14, 2021.

Source: Section 28.0256 — Financial Aid Application Requirement for High School Graduation, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­28.­htm#28.­0256 (accessed Apr. 20, 2024).

28.001
Purpose
28.002
Required Curriculum
28.003
Educational Program Access
28.004
Local School Health Advisory Council and Health Education Instruction
28.005
Language of Instruction
28.006
Reading Diagnosis
28.007
Mathematics Diagnosis
28.008
Advancement of College Readiness in Curriculum
28.009
College Credit Program
28.010
Notification Regarding College Credit and Work-based Education Programs
28.012
Instruction on Interaction with Law Enforcement
28.013
Nature Science Curriculum Project
28.014
College Preparatory Courses
28.016
Instruction in High School, College, and Career Preparation
28.017
Instruction on Prevention of Sexual Abuse and Sex Trafficking
28.018
Advanced Computer Science Program
28.020
Mathematics Innovation Zones
28.0021
Personal Financial Literacy
28.021
Student Advancement
28.0022
Certain Instructional Requirements and Prohibitions
28.022
Notice to Parent of Unsatisfactory Performance
28.0023
Cardiopulmonary Resuscitation and Automated External Defibrillator Instruction
28.023
Credit by Examination
28.0024
School-based Savings Program
28.024
Credit for Enrollment in Certain Academies
28.025
High School Diploma and Certificate
28.026
Notice of Requirements for Automatic College Admission and Financial Aid
28.0027
District Curriculum Scope, Sequence, and Instructional Material
28.027
Applied Science, Technology, Engineering, and Mathematics Courses
28.029
Middle School Advanced Mathematics Program
28.0051
Dual Language Immersion Program
28.051
Definitions
28.052
Program
28.053
Types of Awards
28.054
Subsidies for College Advanced Placement Test or International Baccalaureate Examination
28.055
Use of School Awards
28.056
Application for Teacher Awards and Reimbursements
28.057
Funding
28.058
Confidentiality
28.0062
Reading Standards for Kindergarten Through Third Grade
28.0211
Accelerated Instruction
28.0212
Junior High or Middle School Personal Graduation Plan
28.0213
Intensive Program of Instruction
28.0214
Finality of Grade
28.0216
District Grading Policy
28.0251
High School Diploma for Certain Veterans
28.0252
Computation of High School Grade Point Average
28.0253
Texas First Early High School Completion Program
28.0254
Posthumous High School Diploma for Certain Students
28.0256
Financial Aid Application Requirement for High School Graduation
28.0258
High School Diploma Awarded on Basis of Individual Graduation Committee Review
28.0259
School District Reporting Requirements for Students Graduating Based on Individual Graduation Committee Review Process
28.02121
High School Personal Graduation Plan
28.02122
Inclusion of Mental Health Professions in Health Science Career Information
28.02123
Notification of Certain High School Graduation Requirements
28.02124
Parental Option for Student Retention
28.02591
Texas Higher Education Coordinating Board Reporting Requirements for Students Graduating Based on Individual Graduation Committee Review Process

Accessed:
Apr. 20, 2024

§ 28.0256’s source at texas​.gov