51225.7. (a) For purposes of this section, the following definitions apply:
(1) “Local educational agency” means a school district, county office of education, or charter school.
(2) “Opt-out form” means a form developed by the Student Aid Commission that permits parents, legal guardians, a legally emancipated pupil, a pupil who is 18 years of age or older, or a local educational agency on a pupil’s behalf to not fill out a Free Application for Federal Student Aid or California Dream Act Application for any reason.
(3) “Outreach program” means a nonprofit entity that is exempt from taxation pursuant to Section 501(c)(3) of the United States Internal Revenue Code or a public entity with experience in either or both of the following:
(A) Assisting pupils with financial aid application completion.
(B) Serving pupils who are eligible to submit a California Dream Act application.
(4) “Pupil” means a pupil in grade 12 attending a high school maintained by a local educational agency.
(b) Commencing with the 2022–23 school year, except as provided in subdivisions (c) and (d), the governing body of a local educational agency shall confirm that a pupil complies with at least one of the following:
(1) The pupil completes and submits to the United States Department of Education a Free Application for Federal Student Aid.
(2) If the pupil is exempt from paying nonresident tuition pursuant to Section 68130.5, the pupil completes and submits to the Student Aid Commission a form established pursuant to Section 69508.5 for purposes of the California Dream Act.
(c) The parent or legal guardian of the pupil, or the pupil if the pupil is a legally emancipated minor or 18 years of age or older, may opt out of the requirements of this section by filling out and submitting an opt-out form to the local educational agency. The Student Aid Commission shall make the opt-out form available to all local educational agencies pursuant to subdivision (h).
(d) If the local educational agency determines that a pupil is unable to complete a requirement of this section, the local educational agency shall exempt the pupil or, if applicable, the pupil’s parent or legal guardian from completing and submitting a Free Application for Federal Student Aid, a form established pursuant to Section 69508.5 for purposes of the California Dream Act, or an opt-out form pursuant to subdivision (c). If the local educational agency exempts the pupil from having to complete the requirements of this section, the local educational agency shall complete and submit an opt-out form on the pupil’s behalf.
(e) The governing board or body of the local educational agency shall ensure both of the following:
(1) The local educational agency directs each high school pupil and, if applicable, the pupil’s parent or legal guardian to any support and assistance services necessary to comply with the requirement described in subdivision (b) that may be available through outreach programs, including, but not limited to, those programs operated by the Student Aid Commission, postsecondary immigration resource centers, college readiness organizations, community-based organizations, and legal resource organizations.
(2) Information shared by parents, legal guardians, and pupils under this section is handled in compliance with the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) and applicable state laws, including Chapters 493 and 495 of the Statutes of 2017, regardless of any person’s immigration status or other personal information, in order to protect all pupil and parent data to the fullest extent possible so that schools and all personal data remain safe.
(f) On or before September 1, 2022, and each year thereafter, the Student Aid Commission and the department shall facilitate the completion of the Free Application for Federal Student Aid and the form established pursuant to Section 69508.5 for purposes of the California Dream Act in the following manner:
(1) The department shall share the current school year’s roster of pupils with the Student Aid Commission.
(2) The Student Aid Commission shall match the data described in paragraph (1) with a pupil’s application status based on the data possessed by the Student Aid Commission related to submission of the Free Application for Federal Student Aid and the form established pursuant to Section 69508.5 for purposes of the California Dream Act.
(g) It is the intent of the Legislature that, upon the implementation of the California Cradle-to-Career Data System established in Section 10860, future data matching required by paragraph (2) of subdivision (f) be linked through, and conducted in accordance with the privacy requirements of, the California Cradle-to-Career Data System, to avoid a duplicative data matching requirement and to ensure data privacy.
(h) The Student Aid Commission shall, on or before July 1, 2022, adopt regulations that include, but are not limited to, model opt-out forms and acceptable use policies for the purpose of providing guidance on the requirements relating to state law in paragraph (2) of subdivision (e). The Student Aid Commission shall post and make available any model opt-out forms and policies established pursuant to this subdivision on its internet website.
(i) A pupil who does not fulfill the requirements of this section shall not be penalized or punished and this section shall not affect a pupil’s ability to graduate.
(Amended by Stats. 2021, Ch. 560, Sec. 2. (AB 469) Effective January 1, 2022.)