§ 1087tt.
(a)
In general
(1)
Authority of financial aid administrators
A financial aid administrator shall have the authority to, on the basis of adequate documentation, make adjustments to any or all of the following on a case-by-case basis:
(A)
For an applicant with special circumstances under subsection (b) to—
(i)
the cost of attendance;
(ii)
the values of the data used to calculate the student aid index; or
(iii)
the values of the data used to calculate the Federal Pell Grant award.
(B)
For an applicant with unusual circumstances under subsection (c), to the dependency status of such applicant.
(2)
Limitations on authority
(3)
Adequate documentation
Adequate documentation for adjustments under this section must substantiate the special circumstances or unusual circumstances of an individual student, and may include, to the extent relevant and appropriate—
(A)
a documented interview between the student and the financial aid administrator;
(B)
for the purposes of determining that a student qualifies for an adjustment under paragraph (1)(B)—
(i)
submission of a court order or official Federal or State documentation that the student or the student’s parents or legal guardians are incarcerated in any Federal or State penal institution;
(ii)
a documented phone call or a written statement, which confirms the specific unusual circumstances with—
(I)
a child welfare agency authorized by a State or county;
(II)
a Tribal welfare authority or agency;
(III)
an independent living case worker, such as a case worker who supports current and former foster youth with the transition to adulthood; or
(IV)
a public or private agency, facility, or program servicing the victims of abuse, neglect, assault, or violence, which may include domestic violence;
(iii)
a documented phone call or a written statement from an attorney, a guardian ad litem, or a court-appointed special advocate, or a person serving in a similar capacity which confirms the specific unusual circumstances and documents the person’s relationship to the student;
(iv)
a documented phone call or written statement from a representative under division 1 or 2 of subpart 2 of part A, which confirms the specific unusual circumstances and documents the representative’s relationship to the student;
(v)
documents, such as utility bills or health insurance documentation, that demonstrate a separation from parents or legal guardians; and
(vi)
in the absence of documentation described in this subparagraph, other documentation the financial aid administrator determines is adequate to confirm the unusual circumstances, pursuant to
section 1087vv(d)(9) of this title; and
(C)
supplementary information, as necessary, about the financial status or personal circumstances of eligible applicants as it relates to the special circumstances or unusual circumstances based on which the applicant is requesting an adjustment.
(b)
Adjustments for students with special circumstances
(1)
Special circumstances for adjustments related to Pell Grants
Special circumstances for adjustments to calculate a Federal Pell Grant award—
(A)
shall be conditions that differentiate an individual student from a group of students rather than conditions that exist across a group of students; and
(B)
may include—
(i)
recent unemployment of a family member or student;
(iii)
a change in housing status that results in an individual being a homeless youth;
(iv)
an unusual amount of claimed losses against income on the Federal tax return that substantially lower adjusted gross income, such as business, investment, or real estate losses;
(v)
receipt of foreign income of permanent residents or United States citizens exempt from Federal taxation, or the foreign income for which a permanent resident or citizen received a foreign tax credit;
(vii)
other changes or adjustments in the income, assets, or size of a family, or a student’s dependency status.
(2)
Special circumstances for adjustments related to cost of attendance and student aid index
Special circumstances for adjustments to the cost of attendance or the values of the data used to calculate the student aid index—
(A)
shall be conditions that differentiate an individual student from a group of students rather than conditions that exist across a group of students, except as provided in sections 1087uu and 1087uu–1 of this title; and
(B)
may include—
(i)
tuition expenses at an elementary school or secondary school;
(ii)
medical, dental, or nursing home expenses not covered by insurance;
(iii)
child care or dependent care costs not covered by the dependent care cost allowance calculated in accordance with section 1087ll of this title;
(iv)
recent unemployment of a family member or student;
(vi)
the existence of additional family members enrolled in a degree, certificate, or other program leading to a recognized educational credential at an institution with a program participation agreement under
section 1094 of this title;
(vii)
a change in housing status that results in an individual being a homeless youth;
(viii)
a condition of severe disability of the student, or in the case of a dependent student, the dependent student’s parent or guardian, or in the case of an independent student, the independent student’s dependent or spouse;
(ix)
unusual amount of claimed losses against income on the Federal tax return that substantially lower adjusted gross income, such as business, investment, or real estate losses; or
(x)
other changes or adjustments in the income, assets, or size of a family, or a student’s dependency status.
(d)
Adjustments to assets or income taken into account
A financial aid administrator shall be considered to be making a necessary adjustment in accordance with this section if—
(1)
the administrator makes adjustments excluding from family income or assets any proceeds or losses from a sale of farm or business assets of a family if such sale results from a voluntary or involuntary foreclosure, forfeiture, or bankruptcy or a voluntary or involuntary liquidation; or
(2)
the administrator makes adjustments for a condition of disability of a student, or in the case of a dependent student, the dependent student’s parent or guardian, or in the case of an independent student, the independent student’s dependent or spouse, so as to take into consideration the additional costs incurred as a result of such disability.
(f)
Special rule regarding professional judgment during a disaster, emergency, or economic downturn
(1)
In general
For the purposes of making a professional judgment under this section, financial aid administrators may, during a qualifying emergency—
(A)
determine that the income earned from work for an applicant is zero, if the applicant can provide paper or electronic documentation of receipt of unemployment benefits or confirmation that an application for unemployment benefits was submitted; and
(B)
make additional appropriate adjustments to the income earned from work for a student, parent, or spouse, as applicable, based on the totality of the family’s situation, including consideration of unemployment benefits.
(4)
Qualifying emergency
In this subsection, the term “qualifying emergency” means—
(A)
an event for which the President declared a major disaster or an emergency under section 5170 or 5191, respectively, of title 42;
(C)
a period of recession or economic downturn as determined by the Secretary, in consultation with the Secretary of Labor.
([Pub. L. 89–329, title IV, § 479A], as added [Pub. L. 100–50, § 14(26)], June 3, 1987, [101 Stat. 352]; amended [Pub. L. 101–239, title II, § 2009], Dec. 19, 1989, [103 Stat. 2122]; [Pub. L. 102–325, title IV, § 471(a)], July 23, 1992, [106 Stat. 605]; [Pub. L. 103–208, § 2(g)(16)], Dec. 20, 1993, [107 Stat. 2473]; [Pub. L. 105–244, title IV, § 478], Oct. 7, 1998, [112 Stat. 1731]; [Pub. L. 110–84, title VI, § 603(a)], Sept. 27, 2007, [121 Stat. 805]; [Pub. L. 110–315, title IV, § 472(a)], Aug. 14, 2008, [122 Stat. 3269]; [Pub. L. 113–128, title V, § 512(n)(3)], July 22, 2014, [128 Stat. 1710]; [Pub. L. 116–260, div. FF, title VII, § 702(i)], Dec. 27, 2020, [134 Stat. 3155].)