(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 familys income, a familys assets, or a students 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 students 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 students 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.
