When Can We Accept Another School's Determination Of a Student's Independent Status?

Effective with the 2023-24 award year, a school may accept another school's determination of a student's independent status. Section 479D(d)(2) of the Higher Education Act of 1965 (HEA), as amended, [20 USC 1087uu-2(d)(2)], states "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."

Schools may accept another institution's determination of independent status for a student as defined in Section 480(d)(2), (8), and (9) of the HEA, [20 USC 1087vv(d)(2),(8),(9)] who: 

• Is, or was at any time when the individual was 13 years of age or older:
  • An orphan;
  • A ward of the court; or
  • In foster care;
• Is an unaccompanied homeless youth or is unaccompanied, at risk of homelessness, and self-supporting, without regard to such individual's age; and
• Is a student for whom a financial aid administrator makes a documented determination of independence by reason of other unusual circumstances pursuant to section 1087tt(c) of this title in which the student is unable to contact a parent or where contact with parents poses a risk to such student, which includes circumstances of:
  • Human trafficking, as described in the Trafficking Victims Protection Act of 2000 (22 USC 7101 et seq.);
  • Legally granted refugee or asylum status;
  • Parental abandonment or estrangement; or
  • Student or parental incarceration.

See Dear Colleague Letters GEN-23-06 and GEN-22-15 for more information.

Note: The HEA does not specify whether or not the aforementioned authority would apply in the case of documenting the dependency status of a person in a legal guardianship or an emancipated minor. The Dear Colleague Letter repeats the circumstances in the HEA, but then says "all requests for a determination of independence"--language that seems to contradict itself. We are seeking clarification and will update this Q&A when we receive additional information.