US Codex
U.S.C.
Notes

§1087vv. Definitions — Inbound Citations

20 U.S.C. § 1087vv

Cited by 264 provisions in release 119-102.

Citations to 20 U.S.C. § 1087vv as a whole

Citations to §1087vv(a)

Citations to §1087vv(b)(5)

Citations to §1087vv(c)

Citations to §1087vv(c)(1)

Citations to §1087vv(c)(2)

Citations to §1087vv(d)

  • 20 U.S.C. § 1018(b)(4)
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    (4) Subject to paragraph (1), in carrying out its functions, the PBO shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions.
  • 20 U.S.C. § 1018(c)(2)(A)
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    (A) An independent financial audit of the expenditures of both the PBO and the programs administered by the PBO.
  • 20 U.S.C. § 1021(18)(C)(vi)
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    (vi) acceptance by a peer-reviewed journal or critique by a panel of independent experts through a comparably rigorous, objective, and scientific review; and
  • 20 U.S.C. § 1033(2)(B)(iv)
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    (iv) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.
  • 20 U.S.C. § 1051(a)(5)
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    (5) the solution of the problems of these institutions would enable them to become viable, fiscally stable and independent, thriving institutions of higher education;
  • 20 U.S.C. § 1051(a)(7)
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    (7) these institutions play an important role in the American system of higher education, and there is a strong national interest in assisting them in solving their problems and in stabilizing their management and fiscal operations, and in becoming financially independent; and
  • 20 U.S.C. § 1063a(a)(2)(A)
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    (A) conducting, except as provided in subparagraph (B), a financial and compliance audit of an eligible institution, with regard to any funds obtained by it under this subchapter at least once every 2 years and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary; or
  • 20 U.S.C. § 1063b(e)(1)
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    (1) Independent professional or graduate institutions and programs eligible for grants under subsection (a) are the following:
    (A) Morehouse School of Medicine;
    (B) Meharry Medical School;
    (C) Charles R. Drew Postgraduate Medical School;
    (D) Clark-Atlanta University;
    (E) Tuskegee University School of Veterinary Medicine and other qualified graduate programs;
    (F) Xavier University School of Pharmacy and other qualified graduate programs;
    (G) Southern University School of Law and other qualified graduate programs;
    (H) Texas Southern University School of Law and School of Pharmacy and other qualified graduate programs;
    (I) Florida A&M University School of Pharmaceutical Sciences and other qualified graduate programs;
    (J) North Carolina Central University School of Law and other qualified graduate programs;
    (K) Morgan State University qualified graduate program;
    (L) Hampton University qualified graduate program;
    (M) Alabama A&M qualified graduate program;
    (N) North Carolina A&T State University qualified graduate program;
    (O) University of Maryland Eastern Shore qualified graduate program;
    (P) Jackson State University qualified graduate program;
    (Q) Norfolk State University qualified graduate programs;
    (R) Tennessee State University qualified graduate programs;
    (S) Alabama State University qualified graduate programs;
    (T) Prairie View A&M University qualified graduate programs;
    (U) Delaware State University qualified graduate programs;
    (V) Langston University qualified graduate programs;
    (W) Bowie State University qualified graduate programs; and
    (X) University of the District of Columbia David A. Clarke School of Law.
  • 20 U.S.C. § 1065(c)(1)
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    (1) An institution awarded a grant under this section shall enter into an agreement with the Secretary containing satisfactory assurances that it will (A) immediately comply with the matching requirements of subsection (b)(2), (B) establish an endowment fund independent of any other such fund of the institution, (C) invest the endowment fund corpus, and (D) meet the other requirements of this section.
  • 20 U.S.C. § 1070a(a)(2)(A)(ii)
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    (ii) in the case of an independent student, for the second tax year preceding the academic year—
    (I) the adjusted gross income (as defined in section 62 of title 26) of the student (and the student’s spouse, if applicable); plus
    (II) for Federal Pell Grant determinations made for academic years beginning on or after July 1, 2026, the foreign income (as described in section 1087vv(b)(5) of this title) of the student (and the student’s spouse, if applicable);
  • 20 U.S.C. § 1070a(a)(2)(D)(ii)
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    (ii) an independent student who is a parent and was a head of household (as defined in section 2(b) of title 26) or a surviving spouse (as defined in section 2(a) of title 26) or was an eligible individual for purposes of the credit under section 32 of such title, in the second tax year preceding the academic year;
  • 20 U.S.C. § 1070a(b)(1)(C)(ii)
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    (ii) in the case of an independent student—
    (I) if the student is a single parent, and the adjusted gross income is equal to or less than 400 percent of the poverty line;
    (II) if the student is a parent and is not a single parent, and the adjusted gross income is equal to or less than 350 percent of the poverty line; or
    (III) if the student is not a parent, and the adjusted gross income is equal to or less than 275 percent of the poverty line.
  • 20 U.S.C. § 1070a(c)(2)
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    (2) Paragraph (1) shall apply to any dependent or independent student—
    (A) whose parent or guardian was—
    (i) an individual who, on or after September 11, 2001, died in the line of duty while serving on active duty as a member of the Armed Forces; or
    (ii) actively serving as a public safety officer and died in the line of duty while performing as a public safety officer; and
    (B) who is less than 33 years of age.
  • 20 U.S.C. § 1070a–11(e)(1)
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    (1) Except in the case of an independent student, as defined in section 1087vv(d) of this title, documentation of an individual’s status pursuant to subsection (h)(4) shall be made by providing the Secretary with—
    (A) a signed statement from the individual’s parent or legal guardian;
    (B) verification from another governmental source;
    (C) a signed financial aid application; or
    (D) a signed United States or Puerto Rico income tax return.
  • 20 U.S.C. § 1070a–11(e)(2)
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    (2) In the case of an independent student, as defined in section 1087vv(d) of this title, documentation of an individual’s status pursuant to subsection (h)(4) shall be made by providing the Secretary with—
    (A) a signed statement from the individual;
    (B) verification from another governmental source;
    (C) a signed financial aid application; or
    (D) a signed United States or Puerto Rico income tax return.
  • 20 U.S.C. § 1070b–2(d)
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    (d) If the institution’s allocation under this subpart is directly or indirectly based in part on the financial need demonstrated by students who are independent students or attending the institution on less than a full-time basis, then a reasonable proportion of the allocation shall be made available to such students.
  • 20 U.S.C. § 1070b–3(c)(2)(A)
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    (A) establish various income categories for dependent and independent undergraduate students;
  • 20 U.S.C. § 1070b–3(c)(2)(B)
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    (B) establish a student aid index for each income category of dependent and independent undergraduate students, determined on the basis of the average student aid index (computed in accordance with part F of this subchapter) of a representative sample within each income category for the second preceding fiscal year;
  • 20 U.S.C. § 1070b–3(c)(2)(F)
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    (F) multiply the number of eligible independent students in each income category by 75 percent of the average cost of attendance for all undergraduate students determined under subparagraph (C), minus the student aid index determined under subparagraph (B) for that income category, except that the amount computed by such subtraction shall not be less than zero;
  • 20 U.S.C. § 1070b–3(c)(2)(G)
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    (G) add the amounts determined under subparagraph (F) for each income category of independent students; and
  • 20 U.S.C. § 1070b–3(c)(3)(C)
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    (C) The standard living expense described in subparagraph (A)(ii) is equal to 150 percent of the difference between the income protection allowance for a family of five with one in college and the income protection allowance for a family of six with one in college for a single independent student.
  • 20 U.S.C. § 1070c–2(b)(7)
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    (7) provides that if the State’s allocation under this subpart is based in part on the financial need demonstrated by students who are independent students or attending the institution less than full time, a reasonable proportion of the State’s allocation shall be made available to such students;
  • 20 U.S.C. § 1078(b)(1)(U)
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    (U) provides (i) for the eligibility of all lenders described in section 1085(d)(1) of this title under reasonable criteria, unless (I) that lender is eliminated as a lender under regulations for the emergency action, limitation, suspension, or termination of a lender under the Federal student loan insurance program or is eliminated as a lender pursuant to criteria issued under the student loan insurance program which are substantially the same as regulations with respect to such eligibility as a lender issued under the Federal student loan insurance program, or (II) there is a State constitutional prohibition affecting the eligibility of a lender, (ii) assurances that the guaranty agency will report to the Secretary concerning changes in such criteria, including any procedures in effect under such program to take emergency action, limit, suspend, or terminate lenders, and (iii) for (I) a compliance audit of each lender that originates or holds more than $5,000,000 in loans made under this subchapter for any lender fiscal year (except that each lender described in section 1085(d)(1)(A)(ii)(III) of this title shall annually submit the results of an audit required by this clause), at least once a year and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary, or (II) with regard to a lender that is audited under chapter 75 of title 31, such audit shall be deemed to satisfy the requirements of subclause (I) for the period covered by such audit, except that the Secretary may waive the requirements of this clause (iii) if the lender submits to the Secretary the results of an audit conducted for other purposes that the Secretary determines provides the same information as the audits required by this clause;
  • 20 U.S.C. § 1078(b)(2)(D)(i)
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    (i) conducting, except as provided in clause (ii), financial and compliance audits of the guaranty agency on at least an annual basis and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary; or
  • 20 U.S.C. § 1078(b)(3)(A)(ii)
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    (ii) any lender, or any agent, employee, or independent contractor of any lender or guaranty agency, in order to administer or market loans made under this part (other than a loan made as part of the guaranty agency’s lender-of-last-resort program pursuant to subsection (j)), for the purpose of securing the designation of the guaranty agency as the insurer of such loans;
  • 20 U.S.C. § 1078–11(b)(8)(A)(i)
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    (i) is licensed by the State or certified by an independent professional regulatory authority;
  • 20 U.S.C. § 1078–11(b)(8)(A)(ii)
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    (ii) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or
  • 20 U.S.C. § 1078–8(d)(2)(A)(ii)
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    (ii) notwithstanding paragraph (4), in the case of an independent student, or a dependent student whose parents are unable to borrow under section 1078–2 of this title or the Federal Direct PLUS Loan Program, who has obtained a baccalaureate degree and who is enrolled in coursework specified in paragraph (3)(B) or (4)(B) of section 1091(b) of this title—
    (I) $7,000 for coursework necessary for enrollment in a graduate or professional program; and
    (II) $7,000 for coursework necessary for a professional credential or certification from a State required for employment as a teacher in an elementary or secondary school,
  • 20 U.S.C. § 1078–8(d)(4)(A)
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    (A) The maximum annual amount of loans under this section an undergraduate independent student, or an undergraduate dependent student whose parents are unable to borrow under section 1078–2 of this title or the Federal Direct PLUS Loan Program, may borrow in any academic year (as defined in section 1088(a)(2) of this title) or its equivalent shall be the sum of the amount determined under paragraph (1), plus—
    (i) in the case of such a student attending an eligible institution who has not completed such student’s first 2 years of undergraduate study—
    (I) $6,000, if such student is enrolled in a program whose length is at least one academic year in length; or
    (II) if such student is enrolled in a program of undergraduate education which is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year;
    (ii) in the case of such a student at an eligible institution who has successfully completed such first and second years but has not successfully completed the remainder of a program of undergraduate education—
    (I) $7,000; or
    (II) if such student is enrolled in a program of undergraduate education, the remainder of which is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as such remainder measured in semester, trimester, quarter, or clock hours bears to one academic year; and
    (iii) in the case of such a student enrolled in coursework specified in—
    (I) section 1091(b)(3)(B) of this title, $6,000; or
    (II) section 1091(b)(4)(B) of this title, $7,000.
  • 20 U.S.C. § 1085(a)(5)(A)
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    (A) For purposes of this subsection, an institution of higher education shall be treated as having exceptional mitigating circumstances that make application of paragraph (2) inequitable, and that provide for regulatory relief under paragraph (3), if such institution, in the opinion of an independent auditor, meets the following criteria:
    (i) For a 12-month period that ended during the 6 months immediately preceding the fiscal year for which the cohort of borrowers used to calculate the institution’s cohort default rate is determined, at least two-thirds of the students enrolled on at least a half-time basis at the institution—
    (I) are eligible to receive a Federal Pell Grant award that is at least equal to one-half the Federal Pell Grant amount, determined under section 1070a(b)(2)(A) of this title, for which a student would be eligible based on the student’s enrollment status; or
    (II) have an adjusted gross income that when added with the adjusted gross income of the student’s parents (unless the student is an independent student), of less than the poverty level, as determined by the Department of Health and Human Services.
    (ii) In the case of an institution of higher education that offers an associate, baccalaureate, graduate or professional degree, 70 percent or more of the institution’s regular students who were initially enrolled on a full-time basis and were scheduled to complete their programs during the same 12-month period described in clause (i)—
    (I) completed the educational programs in which the students were enrolled;
    (II) transferred from the institution to a higher level educational program;
    (III) at the end of the 12-month period, remained enrolled and making satisfactory progress toward completion of the student’s educational programs; or
    (IV) entered active duty in the Armed Forces of the United States.
    (I) In the case of an institution of higher education that does not award a degree described in clause (ii), had a placement rate of 44 percent or more with respect to the institution’s former regular students who—
    (aa) remained in the program beyond the point the students would have received a 100 percent tuition refund from the institution;
    (bb) were initially enrolled on at least a half-time basis; and
    (cc) were originally scheduled, at the time of enrollment, to complete their educational programs during the same 12-month period described in clause (i).
    (II) The placement rate shall not include students who are still enrolled and making satisfactory progress in the educational programs in which the students were originally enrolled on the date following 12 months after the date of the student’s last date of attendance at the institution.
    (III) The placement rate is calculated by determining the percentage of all those former regular students who—
    (aa) are employed, in an occupation for which the institution provided training, on the date following 12 months after the date of their last day of attendance at the institution;
    (bb) were employed, in an occupation for which the institution provided training, for at least 13 weeks before the date following 12 months after the date of their last day of attendance at the institution; or
    (cc) entered active duty in the Armed Forces of the United States.
    (IV) The placement rate shall not include as placements a student or former student for whom the institution is the employer.
  • 20 U.S.C. § 1085(a)(5)(A)(i)(II)
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    (II) have an adjusted gross income that when added with the adjusted gross income of the student’s parents (unless the student is an independent student), of less than the poverty level, as determined by the Department of Health and Human Services.
  • 20 U.S.C. § 1085(a)(6)(A)(ii)
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    (ii) engage an independent third party (which may be paid with funds received under section 1059d of this title or part B of subchapter III) to provide technical assistance in implementing such default management plan; and
  • 20 U.S.C. § 1087bb(c)(2)(A)
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    (A) establish various income categories for dependent and independent undergraduate students;
  • 20 U.S.C. § 1087bb(c)(2)(B)
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    (B) establish a student aid index for each income category of dependent and independent undergraduate students, determined on the basis of the average student aid index (computed in accordance with part F of this subchapter) of a representative sample within each income category for the second preceding fiscal year;
  • 20 U.S.C. § 1087bb(c)(2)(F)
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    (F) multiply the number of eligible independent students in each income category by the lesser of—
    (i) 25 percent of the average cost of attendance for all undergraduate students determined under subparagraph (C); or
    (ii) the average cost of attendance for all undergraduate students minus the student aid index determined under subparagraph (B) for that income category, except that the amount computed by such subtraction for any income category shall not be less than zero;
  • 20 U.S.C. § 1087bb(c)(2)(G)
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    (G) add the amounts determined under subparagraph (F) for each income category of independent students; and
  • 20 U.S.C. § 1087bb(c)(4)(C)
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    (C) The standard living expense described in subparagraph (A)(ii) is equal to 150 percent of the difference between the income protection allowance for a family of five with one in college and the income protection allowance for a family of six with one in college for a single independent student.
  • 20 U.S.C. § 1087dd(b)(2)
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    (2) If the institution’s capital contribution under section 1087bb of this title is directly or indirectly based in part on the financial need demonstrated by students who are (A) attending the institution less than full time, or (B) independent students, then a reasonable portion of the loans made from the institution’s student loan fund containing the contribution shall be made available to such students.
  • 20 U.S.C. § 1087nn(2)
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    (2) for a single independent student or a married independent student without dependents (other than a spouse) shall be determined in accordance with section 1087pp of this title; and
  • 20 U.S.C. § 1087nn(3)
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    (3) for an independent student with dependents other than a spouse shall be determined in accordance with section 1087qq of this title.
  • 20 U.S.C. § 1087pp(a)(1)
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    (1) For each independent student without dependents other than a spouse, the student aid index is equal to (except as provided in paragraph (2)) the sum of—
    (A) the family’s available income (determined in accordance with subsection (b)); and
    (B) the family’s available assets (determined in accordance with subsection (c)).
  • 20 U.S.C. § 1087pp(a)(2)
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    (2) If the sum determined under paragraph (1) with respect to an independent student without dependents other than a spouse is less than − $1,500, the student aid index for the independent student shall be − $1,500.
  • 20 U.S.C. § 1087pp(b)(1)(A)(iii)(I)
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    (I) in the case of a single independent student without dependents, $14,630, as adjusted pursuant to section 1078rr(b) of this title); and
  • 20 U.S.C. § 1087pp(b)(1)(A)(iii)(II)
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    (II) in the case of a married independent student without dependents, $23,460, as adjusted pursuant to section 1078rr(b) of this title); and
  • 20 U.S.C. § 1087pp(b)(1)(A)(iv)
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    (iv) in the case of a married independent student, an employment expense allowance, as determined in accordance with paragraph (3); and
  • 20 U.S.C. § 1087qq(a)(1)
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    (1) For each independent student with dependents other than a spouse, the student aid index is equal to the amount determined by—
    (A) computing adjusted available income by adding—
    (i) the family’s available income (determined in accordance with subsection (b)); and
    (ii) the family’s available assets (determined in accordance with subsection (c));
    (B) assessing such adjusted available income in accordance with an assessment schedule set forth in subsection (d); and
    (C) considering such assessment resulting under subparagraph (B) as the amount determined under this subsection.
  • 20 U.S.C. § 1087qq(a)(2)
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    (2) If the sum determined under paragraph (1) with respect to an independent student with dependents other than a spouse is less than − $1,500, the student aid index for the independent student shall be − $1,500.
  • 20 U.S.C. § 1087qq(b)(3)(A)
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    (A) In the case of a married independent student with dependents:
  • 20 U.S.C. § 1087qq(b)(3)(B)
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    (B) In the case of a single independent student with dependents:
  • 20 U.S.C. § 1087ss(b)(2)(C)
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    (C) Is an applicant who is an independent student and the student (including the student’s spouse, if any) has a total adjusted gross income that is less than $60,000 and does not file a Schedule A, B, D, E, F, or H (or equivalent successor schedules), with the Federal income tax return for the second preceding tax year, and—
    (i) does not file a Schedule C (or the equivalent successor schedule) with the Federal income tax return for the second preceding tax year; or
    (ii) files a Schedule C (or the equivalent successor schedule) with net business income of not more than a $10,000 loss or gain with the Federal income tax return for the second preceding tax year.
  • 20 U.S.C. § 1087tt(a)(3)(B)(ii)(III)
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    (III) an independent living case worker, such as a case worker who supports current and former foster youth with the transition to adulthood; or
  • 20 U.S.C. § 1087tt(b)(2)(B)(viii)
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    (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;
  • 20 U.S.C. § 1087tt(c)(2)(A)(i)
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    (i) enable each student who, based on an unusual circumstance described in section 1087vv(d)(9) of this title, may qualify for an adjustment under subsection (a)(1)(B) that will result in a determination of independence under this section or section 1087uu–2 of this title to complete the Free Application for Federal Student Aid as an independent student for the purpose of a provisional determination of the student’s Federal financial aid award, with the final determination of the award subject to the documentation requirements of subsection (a)(3);
  • 20 U.S.C. § 1087tt(c)(2)(A)(ii)
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    (ii) upon completion of the Free Application for Federal Student Aid provide an estimate of the student’s Federal Pell Grant award, and other information as specified in section 1090(a)(3)(A) of this title, based on the assumption that the student is determined to be an independent student; and
  • 20 U.S.C. § 1087tt(c)(2)(A)(iii)
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    (iii) specify, on the Free Application for Federal Student Aid, the consequences under section 1097(a) of this title of knowingly and willfully completing the Free Application for Federal Student Aid as an independent student under clause (i) without meeting the unusual circumstances to qualify for such a determination.
  • 20 U.S.C. § 1087tt(c)(2)(B)
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    (B) With respect to a student accepted for admission who completes the Free Application for Federal Student Aid as an independent student under subparagraph (A), a financial aid administrator shall—
    (i) notify the student of the institutional process, requirements, and timeline for an adjustment under this section and section 1087vv(d)(9) of this title that will result in a review of the student’s request for an adjustment and a determination of the student’s dependency status under such sections within a reasonable time after the student completes the Free Application for Federal Student Aid;
    (ii) provide the student a final determination of the student’s dependency status and Federal financial aid award as soon as practicable after all requested documentation is provided;
    (iii) retain all documents related to the adjustment under this section and section 1087vv(d)(9) of this title, including documented interviews, for at least the duration of the student’s enrollment, and shall abide by all other record keeping requirements of this chapter; and
    (iv) presume that any student who has obtained an adjustment under this section and section 1087vv(d)(9) of this title and a final determination of independence for any preceding award year at an institution of higher education to be independent for each subsequent award year at the same institution unless—
    (I) the student informs the institution that circumstances have changed; or
    (II) the institution has specific conflicting information about the student’s independence.
  • 20 U.S.C. § 1087tt(c)(2)(B)(iv)
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    (iv) presume that any student who has obtained an adjustment under this section and section 1087vv(d)(9) of this title and a final determination of independence for any preceding award year at an institution of higher education to be independent for each subsequent award year at the same institution unless—
    (I) the student informs the institution that circumstances have changed; or
    (II) the institution has specific conflicting information about the student’s independence.
  • 20 U.S.C. § 1087tt(c)(2)(C)
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    (C) If a student pursues provisional independent student status and is not determined to be an independent student by a financial aid administrator, such student shall only be eligible for a Federal Direct Unsubsidized Stafford Loan for that award year unless such student subsequently completes the Free Application for Federal Student Aid as a dependent student.
  • 20 U.S.C. § 1087tt(d)(2)
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    (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.
  • 20 U.S.C. § 1087uu–2(c)
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    (c) A determination of independence under paragraph (2), (8), or (9) of section 1087vv(d) of this title for a student—
    (1) shall be made as quickly as practicable;
    (2) may be made as early as the year before the award year for which the student initially submits an application; and
    (3) shall be made not later than 60 days after the date of the student’s enrollment during the award year for which the student initially submits an application.
  • 20 U.S.C. § 1087uu–2(d)(1)
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    (1) Any student who is determined to be independent under paragraph (2), (8), or (9) of section 1087vv(d) of this title for a preceding award year at an institution shall be presumed to be independent for each subsequent award year at the same institution unless—
    (A) the student informs the institution that circumstances have changed; or
    (B) the institution has specific conflicting information about the student’s independence and has informed the student of this information.
  • 20 U.S.C. § 1087uu–2(d)(2)
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    (2) A financial aid administrator may make a determination of independence pursuant to section 1087tt(c) of this title, this section, or paragraph (2), (8), or (9) of section 1087vv(d) of this title, based upon a documented determination of independence that was previously made by another financial aid administrator under such provisions in the same or a prior award year.
  • 20 U.S.C. § 1087–2(j)
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    (j) The accounts of the Association shall be audited annually. Such audits shall be conducted in accordance with generally accepted auditing standards by independent certified public accountants or by independent licensed public accountants, licensed on or before December 31, 1970, who are certified or licensed by a regulatory authority of a State or other political subdivision of the United States, except that independent public accountants licensed to practice by such regulatory authority after December 31, 1970, and persons who, although not so certified or licensed, meet, in the opinion of the Secretary, standards of education and experience representative of the highest standards prescribed by the licensing authorities of the several States which provide for the continuing licensing of public accountants and which are prescribed by the Secretary in appropriate regulations may perform such audits until December 31, 1975. A report of each such audit shall be furnished to the Secretary of the Treasury. The audit shall be conducted at the place or places where the accounts are normally kept. The representatives of the Secretary shall have access to all books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the Association and necessary to facilitate the audit, and they shall be afforded full facilities for verifying transactions with the balances or securities held by depositaries, fiscal agents, and custodians.
  • 20 U.S.C. § 1087–52(c)(2)(A)
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    (A) establish various income categories for dependent and independent undergraduate students;
  • 20 U.S.C. § 1087–52(c)(2)(B)
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    (B) establish a student aid index for each income category of dependent and independent undergraduate students, determined on the basis of the average student aid index (computed in accordance with part F of this subchapter) of a representative sample within each income category for the second preceding fiscal year;
  • 20 U.S.C. § 1087–52(c)(2)(F)
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    (F) multiply the number of eligible independent students in each income category by the lesser of—
    (i) 25 percent of the average cost of attendance for all undergraduate students determined under subparagraph (C); or
    (ii) the average cost of attendance for all undergraduate students minus the student aid index determined under subparagraph (B) for that income category, except that the amount computed by such subtraction for any income category shall not be less than zero;
  • 20 U.S.C. § 1087–52(c)(2)(G)
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    (G) add the amounts determined under subparagraph (F) for each income category of independent students; and
  • 20 U.S.C. § 1087–52(c)(4)(C)
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    (C) The standard living expense described in subparagraph (A)(ii) is equal to 150 percent of the difference between the income protection allowance for a family of five with one in college and the income protection allowance for a family of six with one in college for a single independent student.
  • 20 U.S.C. § 1087–53(b)(3)
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    (3) provide that in the selection of students for employment under such work-study program, only students who demonstrate financial need in accordance with part F of this subchapter and meet the requirements of section 1091 of this title will be assisted, except that if the institution’s grant under this part is directly or indirectly based in part on the financial need demonstrated by students who are (A) attending the institution on less than a full-time basis, or (B) independent students, a reasonable portion of the grant shall be made available to such students;
  • 20 U.S.C. § 1092f(d)(1)
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    (1) The Secretary shall develop and implement a public awareness campaign designed using current and relevant independent research regarding strategies and media platforms found to be most effective in communicating with low-income populations in order to increase national awareness regarding the availability of Federal Pell Grants and financial aid under this subchapter and, at the option of the Secretary, potential availability of state need-based financial aid.
  • 20 U.S.C. § 1094(c)(1)(A)(i)
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    (i) except as provided in clauses (ii) and (iii), a financial audit of an eligible institution with regard to the financial condition of the institution in its entirety, and a compliance audit of such institution with regard to any funds obtained by it under this subchapter or obtained from a student or a parent who has a loan insured or guaranteed by the Secretary under this subchapter, on at least an annual basis and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary and shall be available to cognizant guaranty agencies, eligible lenders, State agencies, and the appropriate State agency notifying the Secretary under subpart 1 of part H, except that the Secretary may modify the requirements of this clause with respect to institutions of higher education that are foreign institutions, and may waive such requirements with respect to a foreign institution whose students receive less than $500,000 in loans under this subchapter during the award year preceding the audit period;
  • 20 U.S.C. § 1094(c)(1)(C)(i)
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    (i) except as provided in clause (ii), a compliance audit of a third party servicer (other than with respect to the servicer’s functions as a lender if such functions are otherwise audited under this part and such audits meet the requirements of this clause), with regard to any contract with an eligible institution, guaranty agency, or lender for administering or servicing any aspect of the student assistance programs under this subchapter, at least once every year and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary; or
  • 20 U.S.C. § 1094(c)(1)(D)(i)
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    (i) a compliance audit of a secondary market with regard to its transactions involving, and its servicing and collection of, loans made under this subchapter, at least once a year and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary; or
  • 20 U.S.C. § 1094(d)(1)(C)(i)
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    (i) grant funds provided by non-Federal public agencies or private sources independent of the institution;
  • 20 U.S.C. § 1096(b)(2)
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    (2) If the institution enrolls a significant number of students who are (A) attending the institution less than full time, or (B) independent students, the institution shall use a reasonable proportion of the funds available under this section for financial aid services during times and in places that will most effectively accommodate the needs of such students.
  • 20 U.S.C. § 1098(a)(1)
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    (1) There is established in the Department an independent Advisory Committee on Student Financial Assistance (hereafter in this section referred to as the “Advisory Committee”) which shall provide advice and counsel to the authorizing committees and to the Secretary on student financial aid matters.
  • 20 U.S.C. § 1098(b)
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    (b) In the exercise of its functions, powers, and duties, the Advisory Committee shall be independent of the Secretary and the other offices and officers of the Department. Notwithstanding Department of Education policies and regulations, the Advisory Committee shall exert independent control of its budget allocations, expenditures and staffing levels, personnel decisions and processes, procurements, and other administrative and management functions. The Advisory Committee’s administration and management shall be subject to the usual and customary Federal audit procedures. Reports, publications, and other documents of the Advisory Committee, including such reports, publications, and documents in electronic form, shall not be subject to review by the Secretary. The recommendations of the Committee shall not be subject to review or approval by any officer in the executive branch, but may be submitted to the Secretary for comment prior to submission to the authorizing committees in accordance with subsection (f). The Secretary’s authority to terminate advisory committees of the Department pursuant to section 1233g(b)1 of this title ceased to be effective on June 23, 1983.
  • 20 U.S.C. § 1098(h)(3)(A)
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    (A) The Advisory Committee is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality information, suggestions, estimates, and statistics for the purpose of this section and each such department, bureau, agency, board, commission, office, independent establishment, or instrumentality is authorized and directed, to the extent permitted by law, to furnish such information, suggestions, estimates, and statistics directly to the Advisory Committee, upon request made by the Chairman.
  • 20 U.S.C. § 1098h(a)(1)(C)
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    (C) if an individual is pursuing provisional independent student status due to an unusual circumstance, as described in section 1087tt of this title and provided for in section 1087uu–2 of this title, require such individual to provide an affirmative approval under subparagraph (B), but not require a parent of such individual to provide an affirmative approval under subparagraph (B).
  • 20 U.S.C. § 1099b(a)(3)(A)
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    (A) subparagraph (A)(i) of paragraph (2), then such agency or association is separate and independent, both administratively and financially of any related, associated, or affiliated trade association or membership organization;
  • 20 U.S.C. § 1099b(a)(3)(C)
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    (C) subparagraph (C) of paragraph (2) and such agency or association has been recognized by the Secretary on or before October 1, 1991, then the Secretary may waive the requirement that such agency or association is separate and independent, both administratively and financially of any related, associated, or affiliated trade association or membership organization upon a demonstration that the existing relationship has not served to compromise the independence of its accreditation process;
  • 20 U.S.C. § 1099b(b)
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    (b) For the purpose of subsection (a)(3), the term “separate and independent” means that—
    (1) the members of the postsecondary education governing body of the accrediting agency or association are not elected or selected by the board or chief executive officer of any related, associated, or affiliated trade association or membership organization;
    (2) among the membership of the board of the accrediting agency or association there shall be one public member (who is not a member of any related trade or membership organization) for each six members of the board, with a minimum of one such public member, and guidelines are established for such members to avoid conflicts of interest;
    (3) dues to the accrediting agency or association are paid separately from any dues paid to any related, associated, or affiliated trade association or membership organization; and
    (4) the budget of the accrediting agency or association is developed and determined by the accrediting agency or association without review or resort to consultation with any other entity or organization.
  • 20 U.S.C. § 1099b(n)(1)
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    (1) The Secretary shall conduct a comprehensive review and evaluation of the performance of all accrediting agencies or associations which seek recognition by the Secretary in order to determine whether such accrediting agencies or associations meet the criteria established by this section. The Secretary shall conduct an independent evaluation of the information provided by such agency or association. Such evaluation shall include—
    (A) the solicitation of third-party information concerning the performance of the accrediting agency or association; and
    (B) site visits, including unannounced site visits as appropriate, at accrediting agencies and associations, and, at the Secretary’s discretion, at representative member institutions.
  • 20 U.S.C. § 1099c(c)(3)(C)
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    (C) such institution establishes to the satisfaction of the Secretary, with the support of a financial statement audited by an independent certified public accountant in accordance with generally accepted auditing standards, that the institution has sufficient resources to ensure against the precipitous closure of the institution, including the ability to meet all of its financial obligations (including refunds of institutional charges and repayments to the Secretary for liabilities and debts incurred in programs administered by the Secretary); or
  • 20 U.S.C. § 1099c(c)(5)
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    (5) The determination as to whether an institution has met the standards of financial responsibility provided for in paragraphs (2) and (3)(C) shall be based on an audited and certified financial statement of the institution. Such audit shall be conducted by a qualified independent organization or person in accordance with standards established by the American Institute of Certified Public Accountants. Such statement shall be submitted to the Secretary at the time such institution is considered for certification or recertification under this section. If the institution is permitted to be certified (provisionally or otherwise) and such audit does not establish compliance with paragraph (2), the Secretary may require that additional audits be submitted.
  • 20 U.S.C. § 1134(c)
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    (c) The institution of higher education may allow a fellowship recipient to interrupt periods of study for a period not to exceed 12 months for the purpose of work, travel, or independent study away from the campus, if such independent study is supportive of the fellowship recipient’s academic program and shall continue payments for those 12-month periods during which the student is pursuing travel or independent study supportive of the recipient’s academic program. In the case of other exceptional circumstances, such as active duty military service or personal or family member illness, the institution of higher education may also permit the fellowship recipient to interrupt periods of study for the duration of the tour of duty (in the case of military service) or for not more than 12 months (in any other case), but without payment of the stipend.
  • 20 U.S.C. § 1138(f)(2)(B)
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    (B) an independent student who—
    (i) is a spouse of an individual who is—
    (I) serving on active duty during a war or other military operation or national emergency (as defined in section 1088 of this title); or
    (II) performing qualifying National Guard duty during a war or other military operation or national emergency (as defined in section 1088 of this title);
    (ii) was (at the time of death of the veteran) a spouse of a veteran who—
    (I) served or performed, as described in clause (i), since September 11, 2001; and
    (II) died as a result of such service or performance; or
    (iii) is a spouse of a veteran who—
    (I) served or performed, as described in clause (i), since September 11, 2001; and
    (II) has been disabled as a result of such service or performance.
  • 20 U.S.C. § 1140(1)(B)
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    (B) Is designed to support students with intellectual disabilities who are seeking to continue academic, career and technical, and independent living instruction at an institution of higher education in order to prepare for gainful employment.
  • 20 U.S.C. § 1140g(d)(3)(C)
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    (C) independent living skills, including self-advocacy skills; and
  • 20 U.S.C. § 1140q(b)(5)(C)
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    (C) develop an evaluation protocol for such programs that includes qualitative and quantitative methodologies for measuring student outcomes and program strengths in the areas of academic enrichment, socialization, independent living, and competitive or supported employment;
  • 20 U.S.C. § 1140q(b)(5)(E)(i)
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    (i) academic, vocational, social, and independent living skills;
  • 20 U.S.C. § 1155(c)(1)
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    (1) The Secretary of the Treasury shall sell and the Corporation shall purchase, within 90 days after September 30, 1996, the stock of the Corporation held by the Secretary of Education at a price determined by the binding, independent appraisal of a nationally recognized financial firm, except that the 90-day period may be extended by mutual agreement of the Secretary of the Treasury and the Corporation to not more than 150 days after September 30, 1996. The appraiser shall be jointly selected by the Secretary of the Treasury and the Corporation. In the event that the Secretary of the Treasury and the Corporation cannot agree on the appraiser, then the Secretary of the Treasury and the Corporation shall name an independent third party to select the appraiser.
  • 20 U.S.C. § 1155(c)(2)
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    (2) The Secretary of the Treasury shall be reimbursed from the proceeds of the sale of the stock under this subsection for all reasonable costs and expenses related to such sale, except that one-half of all reasonable costs and expenses relating to the independent appraisal under paragraph (1) shall be borne by the Corporation.
  • 20 U.S.C. § 1161a(h)(1)
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    (1) The Secretary shall select an independent entity to evaluate, every three years, the performance of students who participate in a Project GRAD program under this section. The evaluation shall—
    (A) be conducted using a rigorous research design for determining the effectiveness of the Project GRAD programs funded under this section; and
    (B) compare reading and mathematics achievement, secondary school graduation, and postsecondary attendance and completion rates of students who participate in a Project GRAD program funded under this section with those indicators for students of similar backgrounds who do not participate in such program.
  • 20 U.S.C. § 1161c(j)(2)(A)
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    (A) who is an independent student, as defined in section 1087vv(d) of this title;
  • 20 U.S.C. § 1161f(e)(3)(A)
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    (A) The grantee shall contract with an independent auditor to conduct a comprehensive review of the grantee’s accounting, financial reporting, and internal control systems. Such review shall assess whether that grantee’s accounting, financial reporting, and internal control systems are designed to—
    (i) provide information that is complete, accurate, and reliable;
    (ii) reasonably detect and prevent material misstatements, as well as fraud, waste, and abuse; and
    (iii) provide information to demonstrate the grantee’s compliance with related Federal programs, as applicable.
  • 20 U.S.C. § 1161f(e)(3)(B)
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    (B) Not later than 90 days after the grantee receives funds to carry out this section for the first fiscal year in which funds become available to carry out this section after August 14, 2008, the independent auditor shall complete the review required by this paragraph.
  • 20 U.S.C. § 1161f(e)(3)(C)
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    (C) Not later than 120 days after the grantee receives funds to carry out this section for the first fiscal year in which funds become available to carry out this section after August 14, 2008, the independent auditor shall submit a report to the authorizing committees and the Secretary of the findings of the review required under this paragraph, including any recommendations of the independent auditor, as appropriate, with respect to the grantee’s accounting, financial reporting, and internal control systems.
  • 20 U.S.C. § 1161k(f)(2)
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    (2) The evaluations required under paragraph (3) shall be conducted by entities that are capable of designing and carrying out independent evaluations that identify the impact of the activities carried out by eligible institutions under this section on improving persistence and success of student participants under this section.
  • 20 U.S.C. § 1161q(b)(3)(C)(ii)
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    (ii) is an independent student, as defined in section 1087vv of this title;
  • 20 U.S.C. § 1161y(e)(1)
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    (1) From amounts appropriated under subsection (h) for a fiscal year, the Secretary shall reserve not more than $1,000,000 to award a grant or contract to an organization outside the Department for an independent evaluation of the impact of the demonstration program assisted under this section.
  • 42 U.S.C. § 12651d(f)(2)(E)(i)
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    (i) The term “independent” has the meaning given the term in section 480(d) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(d)).

Citations to §1087vv(d)(8)

  • 20 U.S.C. § 1087uu–2(a)
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    (a) In making a determination of independence under section 1087vv(d)(8) of this title, a financial aid administrator shall comply with the following:
    (1) Consider documentation of the student’s circumstance to be adequate in the absence of documented conflicting information, if such documentation is provided through a documented phone call, written statement, or verifiable electronic data match by—
    (A) a local educational agency homeless liaison, designated pursuant to section 11432(g)(1)(J)(ii) of title 42 or a designee of the liaison;
    (B) the director of an emergency or transitional shelter, street outreach program, homeless youth drop-in center, or other program serving individuals who are experiencing homelessness, or a designee of the director;
    (C) the director of a project supported by a Federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate program grant under division 1 or 2 of subpart 2 of part A, or a designee of the director; or
    (D) a financial aid administrator at another institution who documented the student’s circumstance in the same or a prior award year.
    (2) If a student is unable to provide documentation from any individual described in paragraph (1), make a case-by-case determination, which shall be—
    (A) based on a written statement from, or a documented interview with, the student that confirms that the student is an unaccompanied homeless youth, or unaccompanied, at risk of homelessness, and self-supporting; and
    (B) made without regard to the reasons that the student is an unaccompanied homeless youth, or unaccompanied, at risk of homelessness, and self-supporting.
    (3) Consider a determination made under this subsection as distinct from a determination of independence under section 1087vv(d)(9) of this title.
  • 20 U.S.C. § 1090(c)(2)(A)
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    (A) the total number of all applicants who were determined to be individuals described in section 1087vv(d)(8) of this title; and

Citations to §1087vv(d)(9)

Citations to §1087vv(e)(2)

Citations to §1087vv(f)

Citations to §1087vv(f)(1)

Citations to §1087vv(i)

Citations to §1087vv(k)

Citations to §1087vv(l)

  • 20 U.S.C. § 1087tt(d)(1)
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    (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

Citations to §1087vv(m)

Citations to §1087vv(n)