20 U.S.C. § 1087uu-2

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 1087uu-2 - Special rules for independent students

(a) Determination process for unaccompanied homeless youth

In making a determination of independence under section 1087vv(d)(8) of this title, a financial aid administrator shall comply with the following:

(1) Consider documentation of the student's circumstance to be adequate in the absence of documented conflicting information, if such documentation is provided through a documented phone call, written statement, or verifiable electronic data match by-

(A) a local educational agency homeless liaison, designated pursuant to section 11432(g)(1)(J)(ii) of title 42 or a designee of the liaison;

(B) the director of an emergency or transitional shelter, street outreach program, homeless youth drop-in center, or other program serving individuals who are experiencing homelessness, or a designee of the director;

(C) the director of a project supported by a Federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate program grant under division 1 or 2 of subpart 2 of part A, or a designee of the director; or

(D) a financial aid administrator at another institution who documented the student's circumstance in the same or a prior award year.

(2) If a student is unable to provide documentation from any individual described in paragraph (1), make a case-by-case determination, which shall be-

(A) based on a written statement from, or a documented interview with, the student that confirms that the student is an unaccompanied homeless youth, or unaccompanied, at risk of homelessness, and self-supporting; and

(B) made without regard to the reasons that the student is an unaccompanied homeless youth, or unaccompanied, at risk of homelessness, and self-supporting.

(3) Consider a determination made under this subsection as distinct from a determination of independence under section 1087vv(d)(9) of this title.

(b) Documentation process for foster care youth

If an institution requires that a student provide documentation that the student was in foster care when the student was age 13 or older, a financial aid administrator shall consider any of the following as adequate documentation, in the absence of documented conflicting information:

(1) Submission of a court order or official State documentation that the student received Federal or State support in foster care.

(2) A documented phone call, written statement, or verifiable electronic data match, which confirms the student was in foster care at an applicable age, from-

(A) a State, county, or tribal agency administering a program under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.);

(B) a State Medicaid agency; or

(C) a public or private foster care placing agency or foster care facility or placement.

(3) A documented phone call or a written statement from an attorney, a guardian ad litem, or a Court Appointed Special Advocate that confirms that the student was in foster care at an applicable age and documents the person's relationship to the student.

(4) Verification of the student's eligibility for an education and training voucher under the John H. Chafee Foster Care Program under section 477 of the Social Security Act (42 U.S.C. 677).

(5) A documented phone call or written statement from a financial aid administrator who documented the student's circumstance in the same or a prior award year.

(c) Timing

A determination of independence under paragraph (2), (8), or (9) of section 1087vv(d) of this title for a student-

(1) shall be made as quickly as practicable;

(2) may be made as early as the year before the award year for which the student initially submits an application; and

(3) shall be made not later than 60 days after the date of the student's enrollment during the award year for which the student initially submits an application.

(d) Use of earlier determinations

(1) Earlier determination by the institution

Any student who is determined to be independent under paragraph (2), (8), or (9) of section 1087vv(d) of this title for a preceding award year at an institution shall be presumed to be independent for each subsequent award year at the same institution unless-

(A) the student informs the institution that circumstances have changed; or

(B) the institution has specific conflicting information about the student's independence and has informed the student of this information.

(2) Earlier determination by another institution

A financial aid administrator may make a determination of independence pursuant to section 1087tt(c) of this title, this section, or paragraph (2), (8), or (9) of section 1087vv(d) of this title, based upon a documented determination of independence that was previously made by another financial aid administrator under such provisions in the same or a prior award year.

(e) Retention of documents

A financial aid administrator shall retain all documents related to any determination of independence, including documented interviews, for at least the duration of the student's enrollment and an additional period prescribed by the Secretary to enable a student to utilize the documents for the purposes of subsection (a)(1)(D), (b)(5), or (d) of this section.

20 U.S.C. § 1087uu-2

Pub. L. 89-329, title IV, §479D, as added Pub. L. 116-260, div. FF, title VII, §702(l)(1), Dec. 27, 2020, 134 Stat. 3161; amended Pub. L. 117-103, §103, 136 Stat. 820.

EDITORIAL NOTES

REFERENCES IN TEXTThe Social Security Act, referred to in subsec. (b)(2)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Parts B and E of title IV of the Act are classified generally to parts B (§620 et seq.) and E (§670 et seq.), respectively, of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

AMENDMENTS2022-Subsec. (a)(1)(D). Pub. L. 117-103, §103(b)(1), inserted "the same or" before "a prior award".Subsec. (b)(5). Pub. L. 117-103, §103(b)(2), inserted "the same or" before "a prior award". Subsec. (d)(2). Pub. L. 117-103, §103(b)(3), inserted "this section, or paragraph (2), (8), or (9) of section 1087vv(d) of this title," after "pursuant to section 1087tt(c) of this title".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117-103 effective as if included in title VII of div. FF of Pub. L. 116-260 and subject to the effective date of section 701(b) of title VII (July 1, 2024), see section 103(d) of div. R of Pub. L. 117-103, set out as a note under section 1070a of this title.

EFFECTIVE DATESection effective July 1, 2024, except as otherwise expressly provided, and applicable with respect to award year 2024-2025 and each subsequent award year, as determined under this chapter, see section 701(b) of Pub. L. 116-260, set out as an Effective Date of 2020 Amendment note under section 1001 of this title. Implementation of section allowed on or after July 1, 2023, see section 102(c)(1)(A)(iii) of Pub. L. 117-103, set out as an On-Time Effective Date Permitted note under section 1070a of this title.