SB1798 - 572R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 15-142, Arizona Revised Statutes, is amended to read:

START_STATUTE15-142. Directory information relating to students; notice; opt-out; consent; access to directory information; access to school property; violation; definition

A. Except as provided in subsection B of this section, a school may disclose directory information relating to students in accordance with state and federal law if the school first notifies the parent or eligible student of all of the following:

1. The types of information that the school has designated as directory information.

2. The right of the parent or eligible student to refuse the school's designation of any or all of the types of information about the student as directory information.

3. The period of time within which a parent or eligible student must notify the school in writing that the parent or eligible student does not want any or all of the types of information about the student designated as directory information.

B. Except as required by state or federal law, a school may not disclose the address, telephone number or email address of a student unless either:

1. The parent or eligible student has affirmatively consented in writing to the disclosure.

2. The parent or eligible student has not opted out of the disclosure pursuant to subsection A of this section and the disclosure is either:

(a) To one or more students who are enrolled in the school and for educational purposes.

(b) To school employees and for school business purposes.

C. If the governing board of a school district or the governing body of a charter school allows the release of directory information relating to students, subject to subsections A and B of this section, or allows access to school buildings, school grounds or other school property to persons who inform students of educational or occupational opportunities, the governing board or governing body shall provide access to directory information relating to students and to school property on the same basis for official recruiting representatives of the militia of this state and the armed services of the United States for the purpose of informing students of educational and occupational opportunities available in the militia and the armed services. If the school district or charter school allows the release of directory information relating to students, subject to subsections A and B of this section, the information shall be released on or before October 31 of each year. The department of education shall design and provide to school districts and charter schools a form to allow parents or eligible students to request that a student's directory information not be released pursuant to the elementary and secondary education act as reauthorized by the no child left behind act of 2001. School districts and charter schools shall distribute the form to parents and eligible students each year separate from any other form. If a school district or charter school distributes materials to parents and eligible students through an electronic communication or on an internet website, the form may be distributed in the same manner. A person who is wrongfully denied access to directory information or access to school buildings, school grounds or other school property may notify the department of education, which shall report the alleged violation to the United States department of education.

D. Notwithstanding subsection C of this section, student transcripts may not be released to representatives of postsecondary institutions, the militia of this state or the armed services of the United States unless the student consents in writing to the release of the student's transcript. The governing board of the school district or the governing body of the charter school shall provide the student with a transcript release form that allows the student to designate in separate check boxes whether the transcript is to be released to postsecondary institutions, the militia of this state or the armed services of the United States, or to any combination of these entities. This subsection does not prohibit a school district or charter school from entering into a partnership with one or more postsecondary institutions in this state for the sole purpose of providing information to students about educational opportunities that are available at each postsecondary institution.

E. This section does not authorize school districts or charter schools to release information that would violate the family educational rights and privacy act of 1974 (20 United States Code section 1232g). Any person who suspects that a school district or charter school has knowingly violated the family educational rights and privacy act may notify the principal of the charter school or the superintendent of the school district. If the matter is not satisfactorily resolved by the principal of the charter school or the superintendent of the school district within sixty days after the notice, the person may file a complaint with the superintendent of public instruction. If the superintendent of public instruction determines that a school district or charter school is knowingly in violation of the family educational rights and privacy act, the superintendent of public instruction shall notify the school district or charter school that it is in violation of the family educational rights and privacy act. If the superintendent of public instruction determines that the school district or charter school has failed to correct the violation within sixty days after a notice has been issued pursuant to this subsection, the superintendent of public instruction may inform the family policy compliance office of the United States department of education of a possible violation of the family educational rights and privacy act.

F. For the purposes of this section, "eligible student" means a student who is at least eighteen years of age or is emancipated. END_STATUTE

Sec. 2. Title 15, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 15-249.20, to read:

START_STATUTE15-249.20. Financial aid awareness program; eligibility requirements; annual determination; designation; definitions

A. The financial aid awareness program is established within the department of education to recognize schools in this state that provide financial aid awareness activities and support for completing the free application for federal student aid. The department shall administer the program and shall collaborate with the Arizona board of regents in administering the program. Beginning in the 2027-2028 school year, any school in this state may elect to participate in the program by notifying the department and by demonstrating that the school meets all of the following eligibility requirements:

1. designates at least one employee as the school's point of contact for the free application for federal student aid. Each designated employee shall:

(a) Complete an initial orientation program for the free application for federal student aid that is approved or recognized by either the Arizona board of regents or a free application for federal student aid support partner. The designated employee may receive continuing education credits for:

(i) Completing the orientation program required by this subdivision.

(ii) Completing any training and education after the orientation program to learn about updates to federal policies and processes relating to the free application for federal student aid.

(b) PROVIDE information about the free application for federal student aid, including information about available resources and assistance, to students and families of students.

2. Annually reports to the Arizona board of regents and the department of education the name and contact information of each employee who is designated pursuant to paragraph 1 of this subsection.

3. includes the name and contact information of each employee who is designated pursuant to paragraph 1 of this subsection in the student handbook and in at least one communication from the school to students and parents of students.

4. posts the name and contact information of each employee who is designated pursuant to paragraph 1 of this subsection on the school's website.

5. develops and implements a free application for federal student aid awareness strategy that is aligned with education and career action plan requirements adopted by the state board of education. If the school provides instruction to high school students, The strategy that is developed pursuant to this paragraph must provide, through the school's messaging system, social media accounts, email accounts and student information system portal, the following information in grade-level communications to students in each of grades nine through twelve:

(a) The purpose of the free application for federal student aid.

(b) The benefits of completing the free application for federal student aid.

6. If the school provides instruction to high school students, provides, through the school's messaging system, social media accounts, email accounts and student information system portal, the following information to the parents of students who are in grade twelve:

(a) The importance of completing the parent or contributor portion of the free application for federal student aid.

(b) Any school-based or statewide support that is available for completing the free application for federal student aid.

B. The department of education shall annually determine whether each school that elects to participate in the program meets the eligibility requirements prescribed by subsection A of this section. The department may require participating schools to submit reports or other evidence of eligibility in a form and manner prescribed by the department.

C. A school that elects to participate in the financial aid awareness program and that meets the eligibility requirements, as determined by the department pursuant to subsection B of this section, may include the financial aid awareness program designation in the school report card required by section 15-746 and on the school's website, communications and promotional materials.

D. For the purposes of this section:

1. "free application for federal student aid" means the application that is required by 20 United States Code section 1090 for individuals seeking to apply for federal financial aid.

2. "School" means a school that is operated by a school district or charter school. END_STATUTE