Sec. 11. Improving financial aid for homeless and foster care children and youth
1,388 words·~6 min read·
/bill/116/s/1346/is/section-11A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 480(d)(1)(H) ( 20 U.S.C. 1087vv(d)(1)(H) ) is amended— in the matter preceding clause (i)— by striking during the school year in which the application is submitted ; by inserting age 23 or younger after unaccompanied youth ; and by striking terms are and inserting term is ; in clause (i), by inserting , or a designee of the liaison after Act ; in clause (ii), by striking a program funded under the Runaway and Homeless Youth Act and inserting an emergency or transitional shelter, street outreach program, homeless youth drop-in center, or other program serving homeless youth, ; and in clause (iii), by striking program funded under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (relating to emergency shelter grants) and inserting Federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate program under chapter 1 or 2 of subpart 2 of part A, .
Section 103 ( 20 U.S.C. 1003 ) is amended— by redesignating paragraphs
(10)through
(24)as paragraphs
(11)through (25), respectively; and by inserting after paragraph
(9)the following: The term foster care children and youth — means children and youth whose care and placement are the responsibility of the State or Tribal agency that administers a State or Tribal plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. and 670 et seq.), without regard to whether foster care maintenance payments are made under section 472 of such Act ( 42 U.S.C. 672 ) on behalf of such children and youth; and includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. and 670 et seq.) and who are no longer under the care and responsibility of such a State or Tribal agency, without regard to any such individual’s subsequent adoption, guardianship arrangement, or other form of permanency outcome. . Section 480(d) ( 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 under section 477 of the Social Security Act ( 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 an orphan, in foster care, 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). 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. . Section 483(a)(4) ( 20 U.S.C. 1090(a)(4) ) is amended by adding at the end the following: The Secretary shall ensure that, on each form developed under this section for which the information is applicable, there is a single, easily understood screening question to identify an applicant for aid who is— an unaccompanied homeless child or youth (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act); or an unaccompanied youth who is self-supporting and at risk of homelessness. . Section 483 ( 20 U.S.C. 1090 ), as amended by section 6, is further amended by adding at the end the following: The Secretary shall annually publish data on the number of individuals who apply for Federal student aid pursuant to this section who are homeless individuals described in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ), including unaccompanied youth, and foster care youth. The data described in paragraph
(1)with respect to homeless individuals shall include, at a minimum, for each application cycle— the total number of all applicants who were determined to be (or to be at risk of becoming) unaccompanied homeless youth, under section 480(d)(1)(H); the number of applicants described in subparagraph (A), disaggregated— by State; and by the sources of determination as described in clauses
(i)through
(iv)of section 480(d)(1)(H); and the number of undetermined requests for homelessness consideration, including statuses that remain unknown because no determination had been made in response the applicant's request for the institution to consider the applicant's special circumstance of being homeless. .
Connectionstraces to 7
Citation graph
cites case law
Sec. 11
Improving financial aid for homeless and foster care children and youth
Cites 7Cited by 0 across 0 sources