SENATE CONCURRENT RESOLUTION 101

(By Senators Blair (Mr. President), Azinger, Barrett, Boley, Caputo, Chapman, Clements, Deeds, Grady, Hamilton, Hunt, Jeffries, Karnes, Maroney, Martin, Maynard, Nelson, Oliverio, Phillips, Plymale, Queen, Roberts, Rucker, Smith, Stover, Stuart, Swope, Takubo, Tarr, Taylor, Trump, Weld, Woelfel, and Woodrum)

[Introduced May 19, 2024]

Urging the United States Department of Education to accelerate processing of the Free Application for Federal Student Aid and assure prompt issuance of student financial aid to higher education institutions and students across West Virginia and the country.

Whereas, The United States Congress passed the FAFSA Simplification Act in 2020, requiring the U.S. Department of Education to simplify the Free Application for Federal Student Aid (FAFSA), which college and university students must complete as a prerequisite to receiving any federal student aid, such as the Federal Pell Grant, work-study funds, and loans; and

Whereas, The U.S. Department of Education first released its "simplified" FAFSA December 30, 2023, three months later than the October 1 date the application is typically available, but then quickly rescinded applications that had been submitted due to federal system technical problems and processing errors, and since that date further problems have continued to plague students and families applying for federal financial aid, including unavailability of the FAFSA website, delayed responses to corrected forms and failure to process applications submitted on paper; and

Whereas, These issues at the federal level have continued to delay FAFSA availability and, when the application has been available, have frustrated students trying to complete the application, which helps them determine the college or university they can attend in light of the student's financial considerations; and

Whereas, Although the U.S. Department of Education has gradually made progress in repairing the FAFSA website and processing applications, FAFSA completion rates continue to be down significantly across the nation, and in West Virginia are down 27.5 percent for West Virginia high school students compared to this time last year; and

Whereas, In West Virginia total FAFSA applications are approximately 45,400 compared to 54,500 at the same time last year; and

Whereas, In West Virginia, total FAFSA applications for Pell-eligible students are down more than 4,600 compared to the same time last year; and

Whereas, In West Virginia, total FAFSA applications for adults 25 and older are down more than 3,200 compared to the same time last year; and

Whereas, Federal subsidized loans are distributed to approximately 16,000 students at our public colleges and universities in this state, totaling nearly $60 million to help our students attend our colleges and universities; and

Whereas, Federal unsubsidized loans are distributed to approximately 25,000 students at our public colleges and universities in this state, totaling over $194 million to help our students attend our colleges and universities; and

Whereas, Nearly 20,000 students at our public colleges and universities receive the Federal Pell Grant, totaling over $90 million to help our students attend our colleges and universities; and

Whereas, West Virginia public colleges and universities receive an additional $10 million in federal direct grad plus loans, federal parent loans, and work study moneys to assist students; and

Whereas, 8,500 students at our independent colleges and universities also receive federal subsidized loans, federal unsubsidized loans, and Federal Pell Grant money, totaling nearly $30 million to help our students attend these independent colleges and universities; and

Whereas, The delays and complications of the rollout of the new FAFSA have left nearly $500 million in expected student financial aid hanging in balance, severely jeopardizing college access and affordability for thousands of West Virginians, many of whom would be the first in their families to go to college; and

Whereas, Since the Governor declared a State of Emergency in higher education April 30, 2024, allowing the West Virginia Higher Education Policy Commission to suspend rules requiring the FAFSA to be completed before state aid can be awarded, higher education institutions have been able to assemble state financial aid awards irrespective of federal student financial aid for incoming students for the fall 2024 semester, thus providing assistance to their families and enabling them to register for fall coursework; and

Whereas, Continued pressure from elected leaders, higher education officials, students and their families has resulted in the U.S. Department of Education stepping up its efforts to rectify the FAFSA rollout catastrophe; and

Whereas, Failure to maintain a functional and intuitive FAFSA application website; failure to expedite processing of existing FAFSA applications, both in electronic and paper formats; and failure to provide necessary live support to the thousands of students and families applying for the federal student aid to which they are entitled will result in dramatic and devastating reductions in enrollment at colleges and universities this coming fall semester, having long-term negative consequences on West Virginia’s available workforce, economic development and higher education financial stability; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby urges the United States Department of Education to accelerate processing of the Free Application for Federal Student Aid and assure prompt issuance of student financial aid to higher education institutions and students across West Virginia and the country; and, be it

Further Resolved, That the Legislature urges the United States Department of Education to direct all its available resources to ensure current FAFSA applications and any backlogs are immediately processed, and the FAFSA website is fully functional, and that skilled and well-prepared staff are available around-the-clock via e-mail, live chat, video chat and telephone to assist students and families with the new application and any potential errors they encounter; and, be it

Further Resolved, That the Legislature urges U.S. Secretary of Education Dr. Miguel Cardona and the U.S. Department of Education to award federal student aid at the same levels as last year for returning students should FAFSA processing continue to bog down and delay awarding of financial aid to students who are awaiting support or application completion notification from the federal government; and, be it

Further Resolved, That the Legislature urges Secretary Cardona and the U.S. Department of Education to ensure that once 2024-2025 applications are processed, that resources are directed so the 2025-2026 FAFSA is fully operational and available by the traditional October 1 application period to prevent this situation from reoccurring next year; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of Education, the President of the United States, the Speaker of the United States House of Representatives, and the members of West Virginia’s congressional delegation.