|
U.S. Code as of:
01/19/04
Section 1087tt. Discretion of student financial aid administrators
(a) In general
Nothing in this part shall be interpreted as limiting the
authority of the financial aid administrator, on the basis of
adequate documentation, to make adjustments on a case-by-case basis
to the cost of attendance or the values of the data items required
to calculate the expected student or parent contribution (or both)
to allow for treatment of an individual eligible applicant with
special circumstances. However, this authority shall not be
construed to permit aid administrators to deviate from the
contributions expected in the absence of special circumstances.
Special circumstances may include tuition expenses at an elementary
or secondary school, medical or dental expenses not covered by
insurance, unusually high child care costs, recent unemployment of
a family member, the number of parents enrolled at least half-time
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, or other
changes in a family's income, a family's assets, or a student's
status. Special circumstances shall be conditions that
differentiate an individual student from a class of students rather
than conditions that exist across a class of students. Adequate
documentation for such adjustments shall substantiate such special
circumstances of individual students. In addition, nothing in this
subchapter and part C of subchapter I of chapter 34 of title 42
shall be interpreted as limiting the authority of the student
financial aid administrator in such cases to request and use
supplementary information about the financial status or personal
circumstances of eligible applicants in selecting recipients and
determining the amount of awards under this subchapter and part C
of subchapter I of chapter 34 of title 42. No student or parent
shall be charged a fee for collecting, processing, or delivering
such supplementary information.
(b) Adjustments to assets taken into account
A student financial aid administrator shall be considered to be
making a necessary adjustment in accordance with subsection (a) of
this section if -
(1) the administrator makes adjustments excluding from family
income any proceeds of a sale of farm or business assets of a
family if such sale results from a voluntary or involuntary
foreclosure, forfeiture, or bankruptcy or an involuntary
liquidation; or
(2) the administrator makes adjustments in the award level of a
student with a disability so as to take into consideration the
additional costs such student incurs as a result of such
student's disability.
(c) Refusal or adjustment of loan certifications
On a case-by-case basis, an eligible institution may refuse to
certify a statement that permits a student to receive a loan under
part B or C of this subchapter, or may certify a loan amount or
make a loan that is less than the student's determination of need
(as determined under this part), if the reason for the action is
documented and provided in written form to the student. No eligible
institution shall discriminate against any borrower or applicant in
obtaining a loan on the basis of race, national origin, religion,
sex, marital status, age, or disability status.
|
|