On Friday afternoon (4/15/16), The People, LLC sent an email regarding BESE's new policy requiring a FAFSA/LOSFA application for graduation to BESE Chair Jim Garvey and copied it to all BESE members, all legislators, and Attorney General Jeff Landry:
Regarding BESE's newly adopted policy of requiring application to FAFSA/LOSFA in order for a student to graduate, we have found some issues of which we want you to be aware--especially in light of the fact that it is scheduled to become effective on April 20, 2016:
---According to Section 2317(E) of BESE Bulletin 741 (Louisiana Handbook for School Administrators):
'A Louisiana state high school diploma cannot be denied to a student who meets the state minimum high school graduation requirements.'
'Minimum high school graduation requirements' are found in Bulletin 741 beginning at section 2318 (C) for the various diploma options.
BESE's pending policy change regarding FAFSA/LOSFA gives the appearance that it is making a change to these minimum high school graduation requirements; however, the new policy does not amend section 2318. Instead, it makes changes to Section 901 of the Bulletin which deals with the requirement that schools assist students/parents with the scheduling of required courses for graduation.
Per BESE policy found in Section 2317(E), there is nothing to support the ability of a school district, the state DOE, or BESE to deny a diploma to a student for any reason other than the student's failure to complete the minimum high school graduation requirements as specified in Section 2318. It likewise appears to be a huge overreach of BESE authority to require a request for a waiver by a student, parent, or district as a means of opting-out of the application process given that BESE policy does not at all provide for a diploma to be awarded on the basis of such application or waiver.
---Waiver or no waiver, BESE's pending policy (Bulletin 741, Section 901) will state:
'D. Beginning with the 2017-2018 school year, each graduating senior shall, as part of his individual graduation plan and as a requirement for graduation, complete at least one of the following steps to support a successful transition to postsecondary education or training:
1. Complete and submit to the Office of Student Financial Assistance an application for a Taylor Opportunity Program for Students (TOPS) award;
2. Complete and submit to the U.S. Department of Education a Free Application for Federal Student Aid'
Based on Act 837 of 2014, nothing in the pending rule would seem to be legal. As the act resides within R.S. 17:3914:
'C.(1) Notwithstanding any provision of this Subpart or any other law to the contrary, no official or employee of a city, parish, or other local public school system shall require the collection of any of the following student information unless voluntarily disclosed by the parent or legal guardian:
(h) Family income
(j) Social security number.'
Please, note that the law does not say, 'shall not require unless there is a possibility of a waiver or unless the student or parent opts-out.'
It simply says: NO OFFICIAL OR EMPLOYEE...SHALL REQUIRE THE COLLECTION OF ANY OF THE FOLLOWING STUDENT INFORMATION...FAMILY INCOME...SOCIAL SECURITY NUMBER.
While we can't speak for all parents, we feel pretty sure that most would not consider filling out an application or requesting a waiver under threat of their child not graduating to be a "voluntary" disclosure as is called for in the act.
It is also worth noting that the legislature evidently felt strongly on these points given that the act passed unanimously through both committees and chambers on its way to becoming the strongest student data privacy law in the nation. We remember BESE and LDOE's support of this legislation, as well.
---Since the FASFA/LOFSA applications are loan applications, we are concerned that BESE's new policy is a move toward facilitating what many view as predatory lending practices given that our government has played a critical role in students’ increased reliance on loans to fund their higher education by:
--withdrawing funding for education;
--overseeing the rise in student tuition and fees;
--shifting from grant-based to loan-based financing; and now,
--expressed determination to restrict access to TOPS.
Not only will this new policy be helping to target borrowers who lack experience and financial sophistication, but it will be spoon-feeding them to creditors without even the usual consumer protections of statute of limitations on debt collections or the ability to file bankruptcy should the job market not provide the ability to repay the loan once they graduate.
At no time in history can we find that a Louisiana state agency required citizens to apply for government welfare programs or government loans as a requirement for anything except the receipt of such entitlement or borrowed money.
In Supt. White's presentation on the need for this new BESE policy, his major premise was that tens of millions of dollars are being "left on the table" by students who do not complete these applications. In light of the fact that Higher Ed. tax dollars are definitely not making their way to funding the actual cost of public university/college tuition, we have to ask:
'Where is this table?' and
'Who is it that's waiting for our children to serve them?'
On the basis of these and related concerns, we request that you add to the most immediate BESE Board agenda a discussion of this pending rule so that it may be revisited to include discussion of the issues which we have expressed in this email.
Angela & Karen
The People, LLC"