The U.S. Department of Education published waivers and modifications of statutory and regulatory provisions to assist individuals who are applicants and recipients of Title IV financial aid and who
- are serving on active duty during a war or other military operation or national emergency;
- are performing qualifying National Guard duty during a war or other military operation or national emergency;
- reside or are employed in an area that is declared a disaster area by any federal, state, or local official in connection with a national emergency; or
- suffered direct economic hardship as a direct result of a war or other military operation or national emergency, as determined by the U.S. Secretary of Education.
Title IV federal financial aid includes the Federal Perkins Loan Program, Federal Family Education Loan (FFEL) Program, and Federal Direct Loan (Direct Loan) Program.
The waivers and modifications are being made to insure that:
- Individuals who are recipients of student financial
assistance under title IV are not placed in a worse position
financially in relation to that student financial assistance because
they are affected individuals;
- Affected individuals who are recipients of student
financial assistance are not unduly subject to administrative burden or inadvertent, technical violations or defaults;
- Affected individuals are not penalized when a determination
of need for student financial assistance is calculated;
- Affected individuals are not required to return or repay an
overpayment of grant funds based on the HEA's Return of Title IV Funds provision; and
- Entities that participate in the student financial
assistance programs under title IV of the HEA and that are located in
areas that are declared disaster areas by any Federal, State, or local official in connection with a national emergency, or whose operations are significantly affected by such a disaster, receive temporary relief from administrative requirements.
These changes are made under authority given by the Higher Education Relief Opportunities for Students (HEROES) Act of 2003, Pub. L. 108-76. The complete rules and regulation appear in the December 12, 2003 Federal Register.
Posted December 13, 2003 on www.NASFAA.org, the Web Site of the
National Association of Student Financial Aid Administrators (NASFAA).
