Higher Education Act, institution's release of Student Aid Report and tax return information with the applicant's consent
In force.
A sensitive categories rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Consent, Prohibition, Governance
What it requires
- If the Secretary has asked institutions of higher education to carry it out, give an applicant, on the applicant's request, the information in the applicant's complete, unredacted Student Aid Report, including any return information disclosed under section 6103(l)(13) of title 26 (20 U.S.C. 1098h(c)(1)(A)).
- Provide that information to a scholarship granting organization or to an organization assisting the applicant in applying for assistance only with the applicant's written consent, and only as necessary (20 U.S.C. 1098h(c)(1)(B)).
- Obtain the applicant's consent on a separate, written document that is signed and dated and that indicates that the information includes return information, states the purpose of the disclosure, and states that the information may be used only for that specific purpose (20 U.S.C. 1098h(c)(4)(B)).
- If you receive information under that consent, or take part in a discussion of an application with the applicant at the applicant's written consent, do not use the information for any purpose other than the express purpose for which consent was granted, and do not disclose it to any other person without the express permission of, or request by, the applicant (20 U.S.C. 1098h(c)(3)).
- Keep a record of each written consent for at least 3 years from the student's last date of attendance and make each record readily available for review by the Secretary (20 U.S.C. 1098h(c)(5)).
These lines are LexLint's reading of the law's text.
What this law does
An institution of higher education must provide an applicant, on request, the information in the complete, unredacted Student Aid Report, including any return information, when the Secretary has asked institutions to carry out that requirement. With the applicant's written consent, the institution may provide that information as necessary to a scholarship granting organization or to an organization assisting the applicant in applying for assistance.
A person receiving information in that way shall not use it for any purpose other than the express purpose for which consent was granted and shall not disclose it to any other person without the express permission of, or request by, the applicant. The written consent must be a separate, signed and dated document that states that the information includes return information, states the purpose of the disclosure, and states that the information may be used only for that purpose.
An institution of higher education shall keep a record of each written consent for at least 3 years from the student's last date of attendance and make each record readily available for review by the Secretary.
When LexLint raises it
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