United StatesHigher Education Act, limits on a State higher education agency's use and sharing of FAFSA information
In force since .
A sensitive categories rule binding government bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Consent, Prohibition
What it requires
- If you are a State agency administering State-based financial aid, use the FAFSA information the Secretary rediscloses to you solely for the application, award, and administration of State-based financial aid for which the applicant is eligible (20 U.S.C. 1090(a)(3)(B)(ii)(I)).
- Share the application information, excluding the federal tax information described in section 6103(l)(13) of title 26, with any other entity only if the applicant provides explicit written consent, except as provided for a use of identifying information to determine whether a graduating secondary student has filed the application (20 U.S.C. 1090(a)(3)(B)(ii)(III) and (IV)).
- You may use the information, except that federal tax information, for State agency research that does not release any individually identifiable information on any applicant, to promote college attendance, persistence, and completion (20 U.S.C. 1090(a)(3)(B)(ii)(II)).
- If you are a Federal, State, or local government agency or tribal organization that receives applicant information through a State's consent process, do not sell, share, or otherwise use it other than for the purposes of that process (20 U.S.C. 1090(a)(3)(B)(iii) and (iv)).
These lines are LexLint's reading of the law's text.
What this law does
The Secretary of Education rediscloses a FAFSA applicant's information to the State higher education agency that administers State-based financial aid and serves the applicant's State of residence, with the applicant's authorization. A State agency administering State-based financial aid shall use that information solely for the application, award, and administration of State-based financial aid for which the applicant is eligible.
The State agency may share the application information, excluding federal tax information, with any other entity only if the applicant provides explicit written consent, except as provided for a use of identifying information to determine whether a graduating secondary student has filed the application.
A State may provide a consent process under which an applicant elects to share the information, except the federal tax information, through explicit written consent with Federal, State, or local government agencies or tribal organizations that assist the applicant in applying for and receiving assistance. An entity that receives applicant information under a State consent process may not sell, share, or otherwise use it other than for the purposes of that process.
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