Sec. 3. Streamlining determinations and verification
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/bill/116/hr/1724/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 480(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv(d) ) is amended by adding at the end the following: A financial aid administrator shall accept a determination of independence made by any individual authorized to make such determinations under clause (i), (ii), or
(iii)of paragraph (1)(H) in the absence of conflicting information. A documented phone call with, or a written statement from, one of the authorized individuals is sufficient verification when needed. For purposes of this paragraph, a financial aid administrator's disagreement with the determination made by an authorized individual shall not be considered conflicting information. A financial aid administrator shall make a determination of independence under paragraph (1)(H) if a student does not have, and cannot get, documentation from any of the other designated authorities described in such paragraph. Such a determination shall be— based on the definitions outlined in paragraph (1)(H); distinct from a determination of independence under paragraph (1)(I); based on a documented interview with the student; and limited to whether the student meets the definitions in paragraph (1)(H) and not about the reasons for the student's homelessness. Nothing in this paragraph prohibits an institution from implementing polices that— streamline the determination of independence under paragraph (1)(H); and improve a student’s access to financial aid because that student is an unaccompanied youth. If an institution requires documentation to verify that a student is independent based on a status described in paragraph (1)(B), a financial aid administrator shall consider any of the following as adequate verification: Submission of a court order or official State documentation that the student received Federal or State support in foster care. A documented phone call with, written statement from, or verifiable electronic data match with— a child welfare agency authorized by a State or county; a Tribal child welfare authority; an Independent Living case worker; a public or private foster care placing agency or foster care facility or placement; another program serving orphans, foster care youth, or wards of the court; or a probation officer. A documented phone call with, or a written statement from, an attorney, a guardian ad litem, or a Court Appointed Special Advocate, documenting that person's relationship to the student. A documented phone call with, or a written statement from, a representative of a Federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate program under chapter 1 or 2 of subpart 2 of part A. Verification of the student’s eligibility for an education and training voucher under the John H. Chafee Foster Care Independence Program ( 42 U.S.C. 677 ). Submission of a copy of the student's biological or adoptive parents’ or legal guardians'— Certificates of Death; or verifiable obituaries. An attestation from the student, which includes a description of why the student may qualify for a status described in paragraph (1)(B), including the approximate dates that the student was in foster care, dependent, or a ward of the court, to the best of the student’s knowledge after making reasonable efforts to provide any requested documentation. Nothing in this paragraph prohibits an institution from implementing polices that streamline the determination of independent status and improve a student's access to financial aid because that student is an orphan, in foster care, or a ward of the court, or was an orphan, in foster care, or a ward of the court at any time when the student was 13 years of age or older. A determination under subparagraph
(B)or
(H)of paragraph
(1)for a student— shall be made as quickly as practicable; may be made as early as the year before the award year for which the student initially submits an application; and shall be made no later than during the award year for which the student initially submits an application. Any student who is determined to be independent under subparagraph
(B)or
(H)of paragraph
(1)for a preceding award year at an institution shall be presumed to be independent for each subsequent award year at the same institution unless— the student informs the institution that circumstances have changed; or the institution has specific conflicting information about the student’s independence, and has informed the student of this information and the opportunity to challenge such information through a documented interview or an impartial review by the Student Loan Ombudsman pursuant to section 141(f)(3)(C). A financial aid administrator shall retain all documents related to the determination of independence under subparagraph
(B)or
(H)of paragraph (1), including documented interviews, for the duration of the student’s enrollment at the institution and for a minimum of 1 year after the student is no longer enrolled at the institution. .
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