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Return to Professional Judgment |
US Department of Education Dear Colleague Letter GEN-99-10
February 1999
GEN-99-10
Dear President:
At a recent nationwide summit, Vice-President Al Gore called for
business, labor, government, and education leaders to work together to
ensure that today's students are receiving the preparation they need
to compete and succeed in the twenty-first century workplace. In light
of our country's severe shortage of workers in some technology-based
occupations, participants at the summit emphasized the need for
colleges to form close partnerships with businesses to identify the
specific areas of occupational need and to develop training programs
to address these needs. The Vice-President expressed his desire that
the education community do everything it can to ease the transition of
workers into technology-oriented jobs. On behalf of Secretary Riley, I
am writing to encourage you to take full advantage of programs that
can be helpful in assisting families with breadwinners who are in the
process of retraining. Over the years, the student financial
assistance programs have proven to be helpful to students of all ages
and circumstances, and we believe they can be particularly useful in
assisting families of displaced workers.
Your financial aid administrator can be very helpful in ensuring that
the dislocated workers on your campus receive adequate assistance
under these programs. As you are aware, the statutory calculations
used to determine a student's eligibility for student financial
assistance generally take into account the family's income from the
previous tax year. For the dislocated worker's family, the income from
a previous year is often much higher than the income expected in the
current year. The good news is that financial aid administrators have
authority under the law to exercise "professional judgment" to adjust
these data items to account for families with special
circumstances. This authority must be used carefully, and any
adjustment of a data item requires a documented case-by-case review of
the family's entire financial situation. However, we believe the
recent loss of a job, in most cases, can reasonably be considered a
special circumstance that warrants the use of professional judgment to
increase a student's eligibility for financial assistance. In
addition, because students do not always know to ask for "professional
judgment" consideration, it is important that your financial aid staff
be aware of this tool and make an effort to identify students who may
benefit from it.
Professional judgment authority may be used in other ways to assist
students with special circumstances such as for elementary school or
secondary school tuition expenses, unusual medical or dental expenses,
or unusual changes in income or assets. One recent phenomenon that
artificially increases income with potentially adverse impact on the
financial aid applicant is the Roth IRA. Students from families who
transfer funds from regular IRA accounts to Roth IRA accounts will
typically see their taxable incomes increase, and this increase will
reduce their eligibility for federal student assistance. Yet, these
increases are on paper only - these families do not have additional
income available for meeting educational expenses. Again, financial
aid personnel are encouraged to review these cases individually and,
where warranted, use their professional judgment authority to reduce
applicable family income and taxes to the levels that would have
applied without the Roth transfers.
These are some ideas we have had that will ease the financial burden
of students' families and I am sure there are others that you may want
to consider for your campus. I am confident that you will join the
Vice-President, the Secretary and me in our efforts to prepare today's
students for the exciting and rewarding careers that are already
awaiting them. We appreciate your continued contributions to our
country through the education of its most important resource - its
people.
Sincerely,
Greg Woods |
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