Other than statutory and regulatory requirements included in the document, the contents of this guidance do not have the force and effect of law and are not meant to bind the public. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.
We write today to remind financial aid administrators (FAAs) that they have the ability to adjust financial aid eligibility based on a student’s special circumstances, including for recently unemployed individuals who may not know that their changed circumstances could make them eligible for Federal Pell Grants and other need-based student aid. We also note that whether institutions are using this ability will not be considered when selecting institutions for program reviews for the 2019-20 through the 2021-22 award year.
This reminder builds upon guidance issued on April 3, 2020, reminding FAAs of the statutory authority they have to exercise professional judgment and encouraging the use of that authority to reflect more accurately the financial need of students and families affected by the COVID-19 pandemic.
Section 479A of the HEA gives an institution’s FAA the authority to use professional judgment to adjust, on a case-by-case basis, the cost of attendance or the values of the items used in calculating the EFC to reflect a student’s special circumstances. In making case-by-case determinations, the FAA must obtain and retain in the affected student’s file documents supporting and substantiating the reasons for any adjustment. The HEA does not provide a framework for the FAA to calculate the expected student or parent contribution or for the adjusted aid amounts.
At all times, but particularly during this period of economic hardship, you may use documentation of unemployment—including, but not limited to, receipt of unemployment benefits—to reduce or adjust to zero the income earned from work for a student and/or parent as well as make corresponding adjustments to Adjusted Gross Income (AGI). A letter from the state unemployment agency or other evidence that a student or parent is receiving unemployment benefits is sufficient to adjust the calculated expected student or parent contribution to account for the loss of employment on the family’s ability to contribute to educational expenses. Institutions making these adjustments should retain these letters in your student records to support the adjustments to student or parent income. We understand that some financial aid administrators have been reluctant to use professional judgment because the percentage of students for whom an institution makes professional judgment determinations has been a factor the Department uses to select institutions for program reviews. In consideration of the continued economic hardship resulting from the COVID-19 pandemic affecting students and their families, the Department will not negatively view increased use of professional judgment or use it as a selection criterion for a program compliance review for the 2021-22 award year. This extends the modification we had announced for the 2019-20 and 2020-21 award years in a July 9, 2020, electronic announcement.
We will continue to monitor and enforce requirements for appropriate use of professional judgment but recognize that appropriate use of professional judgment by a school is likely to increase in the current economic environment.
Thank you in advance for your cooperation as together we provide opportunities to ensure that all Americans may participate in our country’s outstanding postsecondary education system.
Senior Director, Policy Development, Analysis, and Accreditation Services
Delegated the duties of the Deputy Assistant Secretary
for Policy, Planning, and Innovation
Office of Postsecondary Education