LexLint.ioBeta

Know the law your code answers to.

Law / United States

Higher Education Act, limits on an institution's use and sharing of FAFSA information

20 U.S.C. 1090(a)(3)(C) to (E)

In force since .

A sensitive categories rule binding public and private bodies.

Instrument type
an act of a legislature
Obligation class
Consent, Prohibition

What it requires

  • If you are an institution that receives a student's FAFSA information, use the information provided to you solely for the application, award, and administration of financial aid to the applicant (20 U.S.C. 1090(a)(3)(C)(i)).
  • Do not share the educational record information with any other entity without the applicant's explicit written consent (20 U.S.C. 1090(a)(3)(C)(iii)).
  • You may use the information, except the federal tax information described in section 6103(l)(13) of title 26, for 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)(C)(ii)).
  • If you receive applicant information that an institution shared with the applicant's explicit written consent, do not sell, share, or otherwise use it other than for the purposes outlined for the institution (20 U.S.C. 1090(a)(3)(D)).
  • Disclose or redisclose FAFSA information that includes return information described in section 6103(l)(13) of title 26 only in accordance with the procedures described in section 1098h of title 20 (20 U.S.C. 1090(a)(3)(E)).

These lines are LexLint's reading of the law's text.

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

An institution that receives a student's Free Application for Federal Student Aid information must use it solely for the application, award, and administration of financial aid to the applicant. The institution may use the information, excluding the federal tax information described in section 6103(l)(13) of title 26, for research that does not release any individually identifiable information on any applicant, to promote college attendance, persistence, and completion.

The institution may not share that educational record information with any other entity without the explicit written consent of the applicant. An entity that receives applicant information under that consent route may not sell, share, or otherwise use it other than for the purposes outlined for the institution. FAFSA information that includes federal tax return information may be disclosed or redisclosed only in accordance with the procedures described in section 1098h of title 20.

The amendment to section 1090 by Public Law 116-260 is effective , except as otherwise expressly provided, and applies to award year 2024-2025 and each later award year.

When LexLint raises it

When your app profile says your app serves colleges and universities.

Back to the example  ·  Lint your app

Page updated .