78217.
(a) For purposes of this section, the following definitions apply:
(1) “Opt-out form” means a form developed by the Student Aid Commission that enables a student, or a community college on a student’s behalf, to opt out of completing the Free Application for Federal Student Aid or California Dream Act application.
(2) “Outreach program” means a nonprofit entity that is exempt from taxation pursuant to Section 501(c)(3) of the United States Internal Revenue Code or a public entity with experience in either or both of the following:
(A) Assisting students with completing a financial aid application.
(B) Serving students who are eligible to submit a California Dream Act application.
(3) “Student” means a student who is enrolled in a community college and has declared their educational goal to obtain a degree, certificate, or transfer to another institution.
(b) (1) Commencing with the 2026–27 academic year, each community college shall provide continuing students with information, as required by subparagraph (A) of paragraph (2) of subdivision (d).
(2) Commencing with the 2026–27 academic year, each community college shall provide during orientation newly enrolled students with information, as required by subparagraph (A) of paragraph (2) of subdivision (d).
(3) Commencing with the 2027–28 academic year, except for a student who has opted out pursuant to subdivision (c) or been exempted pursuant to subdivision (d), each community college shall confirm that each student complies with either or both of the following:
(A) The student completes and submits to the United States Department of Education a Free Application for Federal Student Aid.
(B) If the student is exempt from paying nonresident tuition pursuant to Section 68130.5, the student completes and submits to the Student Aid Commission a form established pursuant to Section 69508.5 for purposes of the California Dream Act.
(c) A student may opt out of the requirements of this section by completing and submitting an opt-out form to their community college. The Student Aid Commission shall make the opt-out form available to all community colleges pursuant to subdivision (f).
(d) (1) If a community college determines that a student is unable to complete a requirement of this section, the community college shall exempt the student from completing and submitting a Free Application for Federal Student Aid, a form established pursuant to Section 69508.5 for purposes of the California Dream Act, or an opt-out form pursuant to subdivision (c).
(2) (A) Before exempting a student pursuant to paragraph (1), a community college shall comply with both of the following:
(i) Provide the information described in subparagraph (B) to the student through a meeting between a community college financial aid officer adviser, counselor, other campus staff, or a campus-based organization and the student or, if no financial aid officer is employed at the community college, between the student and other community college staff, student, through written material, or by other means of communication.
(ii) Provide the student with the information described in subparagraph (B) and notify the student of the date by which the student will be opted out by the community college if no action is taken. This notice shall be provided with sufficient time for the student to act before the community college opts out the student.
(B) The information required to be provided pursuant to subparagraph (A) shall include all of the following:
(i) The purposes and benefits of the Free Application for Federal Student Aid or a form established pursuant to Section 69508.5, which includes include consideration for financial aid.
(ii) The consequences of not completing and submitting a Free Application for Federal Student Aid or a form established pursuant to Section 69508.5.
(iii) The option to complete a Free Application for Federal Student Aid or a form established pursuant to Section 69508.5 after an opt-out form has been submitted.
(3) If the community college college, after complying with the requirements of paragraph (2), exempts a student from having to complete the requirements of this section, the community college shall complete and submit the opt-out form described in subdivision (c) on the student’s behalf.
(e) Each community college district shall ensure that both of the following occur:
(1) Each student is directed by their community college to any support or assistance services necessary to comply with the requirements of this section that may be available through outreach programs, including, but not limited to, those programs operated by the Student Aid Commission, postsecondary immigration resource centers, college readiness organizations, community-based organizations, and legal resource organizations.
(2) Information shared by students pursuant to this section is handled in compliance with the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and applicable state laws, including Chapters 493 and 495 of the Statutes of 2017, regardless of any person’s immigration status or other personal information, in order to protect all student data to the fullest extent possible so that schools and all personal data remain safe.
(f) (1) On or before July 1, 2026, the Student Aid Commission shall adopt regulations that include, but are not limited to, model opt-out forms and acceptable use policies for the purpose of providing guidance on complying with the requirements of paragraph (2) of subdivision (e).
(2) The Student Aid Commission shall post any model opt-out forms and acceptable use policies adopted pursuant to paragraph (1) on the commission’s internet website.
(g) A student who does not fulfill the requirements of this section shall not be penalized or punished and this section shall not affect a student’s ability to enroll.