Page:United States Statutes at Large Volume 94 Part 2.djvu/169

 PUBLIC LAW 96-374—OCT. 3, 1980

94 STAT. 1447

portion for such students as is used for dependent students and for independent students who have dependents; "(D) in determining the family contribution for an independent student who has one or more dependents, provide that the assessment rate which is to be applied to the student's discretionary income shall be the same as the assessment rate applied to discretionary income of the family of a dependent student; and "(E) provide that a married student shall be considered independent if, notwithstanding prior depjBndency status, such student certifies that in the year of application he (i) will not live with parents for more than six weeks; (ii) will not be claimed by parents as a dependent on any tax return filed for purposes of Federal income taxes; and (iii) will not receive more than $750 in support from parents. "(2) For purposes of this title, the term 'independent student' means a student who is determined, pursuant to regulations of the Secretary, to be independent of the parents or legal guardians of the student. "(d) For the purposes of this title, the term 'cost of attendance' mesms— "(1) tuition and fees normally assessed a full-time student at the institution at which the student is in attendance; "(2) an allowance for books, supplies, transportation, and miscellaneous personal expenses; "(3) an allowance for room and board costs incurred by the student which— "(A) beginning in academic year 1981-1982 shall be an allowance of not less than $1,100 for a student without dependents residing at home with parents; (B) for students without dependents residing in institutionally owned or operated housing, shall be a standard allowance determined by the institution based on the amount normally assessed most of its residents for room and board; "(C) for all other students without dependents, shall be a standard allowance determined by the institution based on the expenses reasonably incurred by such students for room and board; and "(D) for students with dependents, shall be an allowance based on the expenses reasonably incurred by such students for room and board; "(4) for a student engaged in a program of study by correspondence, only tuition and fees and, if required, books and supplies, and travel and room and board costs incurred specifically in fulfilling a required period of residential training; "(5) for a student enrolled in an academic program which normally includes a formal program of study abroad, reasonable costs associated with such study; "(6) for a student with dependent children, an allowance based on the expenses reasonably incurred for child care; and "(7) for a handicapped student, an allowance for those expenses related to his handicap, including special services, transportation, equipment, and supplies that are reeisonably incurred and not provided for by other assisting agencies. "(e) Nothing in this section shall prohibit an institution, in individual Cases, from adjusting the financial need determination for a student aided under subpart 2 of part A or part C or E of this title if the basis for such adjustment is documented.

"Independent student." "Cost of attendance."

Financial need determination. 20 USC 1070b, 42 u s e 2751, 20 u s e 1088.

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