# **Comments Received During 60-Day Public Comment Period**

# **On the Draft 2009-2010 Free Application for Federal Student Aid (FAFSA)**

# 

# **Question 11:**

# 

From: Lauren Asher \[mailto:LAsher@ticas.org\]\
Sent: Tuesday, September 23, 2008 3:21 PM\
To: FAFSA Comments\
Cc: Brown, Michele\
Subject: The Institute for College Access and Success 2009-10 FAFSA
public comments submitted 9_23_08

Comment: Question 11: Driver's License Number. We suggest adding this
text to the end: "*(leave blank if you do not have one).*"

[]{.mark}

# **Question 13:**

# 

From: Lauren Asher \[mailto:LAsher@ticas.org\]\
Sent: Tuesday, September 23, 2008 3:21 PM\
To: FAFSA Comments\
Cc: Brown, Michele\
Subject: The Institute for College Access and Success 2009-10 FAFSA
public comments submitted 9_23_08

Comment: Question 13: E-mail Address. We suggest modifying the last
sentence as follows:

# "If you prefer to be contacted by postal mail, *or do not have an email address,* please leave this field blank."

# 

# **Question 14:**

# 

From: Lauren Asher \[mailto:LAsher@ticas.org\]\
Sent: Tuesday, September 23, 2008 3:21 PM\
To: FAFSA Comments\
Cc: Brown, Michele\
Subject: The Institute for College Access and Success 2009-10 FAFSA
public comments submitted 9_23_08

Comment: Notes for question 14 (page 5). The current language makes it
unclear whether students who are neither citizens nor eligible
noncitizens should complete the FAFSA. We recommend changing the last
sentence of this Note to match the language used in the current FAFSA on
the Web Worksheet, as follows: "However, *you should still complete the
application, because* you may be eligible for state or college aid."

Question 14: Citizenship. We suggest this modification: "Mark *only*
one." We also recommend adding "*Skip to question 16*" after option (c).

# **Question 16:**

# 

From: Steven Winey \[mailto:WINEYS@cedarville.edu\]\
Sent: Monday, August 11, 2008 8:32 AM\
To: FAFSA Comments\
Cc: FAFSAComments@nasfaa.org\
Subject: 2009-10 Draft FAFSA comments . . .

Comment: Question 16 has huge implications for many students, especially
upperclass-level students in our university. Paper FAFSA \-- perhaps
consider adding a \'Note\' on Page 2 which would state something along
the lines of \-- You are reporting your marital status \'as of today\'
\-- the time you submit your first FAFSA for the 2009-10 year.
Understand, this is NOT a correctable item. If you are currently
single/divorced and you plan to marry at a later date during the 2009-10
year, you may want to speak to the Financial Aid Office at your school
before submitting this FAFSA. Again, once you submit your first FAFSA,
you will not be able to make any corrections to this item. Online FAFSA
\-- I have no idea what type of instructions / help pops up \-- but
again perhaps some type of note under question.

[Question 19:]{.underline}

**From: Leonard Gude \[mailto:leonard.gude@regenteducation.com\]**

**Sent: Monday, August 11, 2008 9:04 AM**

**To: FAFSA Comments**

**Cc: FAFSAComments@nasfaa.org**

#### Subject: 2009-10 FAFSA Comments

Comment: Student Status of Legal Residency. Question 19 is redundant and
could be calculated based on the student\'s response to question 20.

From: Lauren Asher \[mailto:LAsher@ticas.org\]\
Sent: Tuesday, September 23, 2008 3:21 PM\
To: FAFSA Comments\
Cc: Brown, Michele\
Subject: The Institute for College Access and Success 2009-10 FAFSA
public comments submitted 9_23_08

Question 19: State Residence. We recommend defining "state of legal
residence" in the Notes section.

**[Question 22]{.underline}**:

From: Jim Green \[mailto:jgreen@pct.edu\]\
Sent: Thursday, August 28, 2008 9:23 AM\
To: FAFSA Comments\
Subject: Comments on 2009-2010 FAFSA Draft

Question 22: The 'Register me' wording for the Selective Service
question is good.

From: Stephanie Gardiner \[mailto:gardiner@mail.csi.cuny.edu\]\
Sent: Tuesday, September 23, 2008 10:19 AM\
To: FAFSA Comments\
Subject: 2009-10 FAFSA

Define Selective Service - I had several students tell me they didn\'t
know what that was so they left it blank.

**From: Kantrowitz, Mark \[mailto:mkant@fastweb.com\]**

#### Sent: Friday, October 03, 2008 4:42 PM

#### To: FAFSA Comments

**Cc: Kantrowitz, Mark**

#### Subject: Comments on 8/7/08 Draft of the 2009-2010 FAFSA

The gender and selective service questions were in a more compact format
on the 2008-09 FAFSA. If there\'s a good reason for the new format (say,
user studies demonstrated that it minimized confusion), modify it to fit
in three lines instead of four to save space. For example, if you add
carriage returns to yield:

Are you

male or

female?

to split #21 across three lines, that might free up enough horizontal
space to make #22 fit in three lines, saving a line.

**[Question 23:]{.underline}**

**From: Lauren Asher \[mailto:LAsher@ticas.org\]\
Sent: Tuesday, September 23, 2008 3:21 PM\
To: FAFSA Comments\
Cc: Brown, Michele\
Subject: The Institute for College Access and Success 2009-10 FAFSA
public comments submitted 9_23_08**

Question 23: Drug Conviction. This question applies only to students who
have received federal financial aid in the past, and therefore it is
superfluous for first-time applicants \-- the population most likely to
be deterred by the FAFSA's complexity and length. Since all renewals are
electronic, and the Department automatically distinguishes between
renewal-eligible applicants and first-time applicants online, this
question should appear only on the electronic FAFSA presented to
renewal-eligible applicants.[^1]

For renewal-eligible applicants, we suggest replacing the current
sentence that begins with "If you have,..." with the following two
sentences: "*Whether you answer "yes" or "no," complete and submit this
application. If you answer "yes," we will send you a worksheet in the
mail so you can* determine if your conviction affects your eligibility
for aid."

**[Question 26:]{.underline}**

From: Creviston, Pearl \[mailto:Pearl.Creviston@ctcd.edu\]\
Sent: Tuesday, September 23, 2008 1:53 PM\
To: FAFSA Comments\
Subject: 09/10 FAFSA Review

High school question 26 is much better than this year's question, we had
a majority of students who left it blank this year.

From: Steven Winey \[mailto:WINEYS@cedarville.edu\]\
Sent: Monday, August 11, 2008 8:32 AM\
To: FAFSA Comments\
Cc: FAFSAComments@nasfaa.org\
Subject: 2009-10 Draft FAFSA comments . . .

Question 26 \-- We have received a number of FAFSA\'s where this was
left \'Blank\'. Online FAFSA \-- Make this a \'required\' field \-- if
they leave it blank and try to go on to the next section, force them
back to this question so that they provide one of the answers. \*\* if
this is left blank, then packaging of aid is delayed and the student
gets frustrated.

From: Deborah Flinn \[mailto:dflinn@charteroak.edu\]\
Sent: Thursday, August 14, 2008 12:47 PM\
To: FAFSA Comments\
Subject: FAFSA 2009-2010

To Whom It May Concern: After review of the proposed FAFSA we have
identified a few areas that we believe could be changed for clarity:
FAFSA Q26:  We have an entirely adult population and suggest that this
question be worded differently. Our suggestion is: Do you have or will
you have a High School completion status when you begin college in the
2009-2010 school year?

**From: Jim Green \[mailto:jgreen@pct.edu\]\
Sent: Thursday, August 28, 2008 9:23 AM\
To: FAFSA Comments\
Subject: Comments on 2009-2010 FAFSA Draft**

Question 26: The revised high school completion question is welcomed! It
is a great improvement over the 2008-09 question wording about this
item.

**[Question 28:]{.underline}**

**From: Lili C Vidal\
Sent: Wednesday, August 27, 2008 8:39 AM\
To: \'FAFSAComments@ed.gov\'\
Subject: Comments on 2009-10 FAFSA**

>  

Good morning. I have three comments for the 2009-10 FAFSA: 1. Yeah! 
There is more clarity to some of the troublesome questions of the past. 
And no worksheets.  Thank you. 2. Question 28.  Still is troublesome for
credential students.  They don't know how to answer the question
correctly -- although 29 includes them.  Either specifically include
them in 28 or provide instructions on how they should answer 28.

**From: Kantrowitz, Mark \[mailto:mkant@fastweb.com\]**

#### Sent: Friday, October 03, 2008 4:42 PM

#### To: FAFSA Comments

**Cc: Kantrowitz, Mark**

**Subject: Comments on 8/7/08 Draft of the 2009-2010 FAFSA**

Making questions 28-31 self-contained improves clarity and is more
convenient for the applicants, but does increase the length of the form.
The side-by-side format for questions 33 and 34 is an improvement.

**[Question 29:]{.underline}**

# **From: Steven Winey \[mailto:WINEYS@cedarville.edu\] Sent: Monday, August 11, 2008 8:32 AM To: FAFSA Comments Cc: FAFSAComments@nasfaa.org Subject: 2009-10 Draft FAFSA comments . . .**

Question 29 \-- Another question that creates problems in processing
student\'s aid. Many students who are \'Undeclared\' regarding their
choice of major, but who are definitely accepted into an undergraduate
degree program (answers should legitimately be 0, 1, 2) are
unfortunately confused and enter their answer as \'9\' (Other /
Undecided) \-- this answer is problematic as it will not allow student
to receive any Federal Aid, whether Pell Grant, ACG, SMART or fed\'l
loans. Online FAFSA \-- If they select \'9\' as their answer, have a
\'Pop-up Comment\' explain that they have indicated their answer and to
explain the difference between \'Undeclared\' major status and
\'Undecided\' degree/certificate aspirations . . .

**From: Lauren Asher \[mailto:LAsher@ticas.org\]\
Sent: Tuesday, September 23, 2008 3:21 PM\
To: FAFSA Comments\
Cc: Brown, Michele\
Subject: The Institute for College Access and Success 2009-10 FAFSA
public comments submitted 9_23_08**

Question 29: Degree/certificate. Prospective and current students may
not be familiar with the subcategories of degrees listed in this
question. Unless the distinctions are required by statute or necessary
for determining aid packages, we recommend combining the two associate
degree answer options into one answer labeled "*Associate degree*," and
combining the two certificate or diploma answers into one answer labeled
"*Certificate or diploma (occupational, technical or education
program)*."

**[Question 31:]{.underline}**

**From: Steven Winey \[mailto:WINEYS@cedarville.edu\]\
Sent: Monday, August 11, 2008 8:32 AM\
To: FAFSA Comments\
Cc: FAFSAComments@nasfaa.org\
Subject: 2009-10 Draft FAFSA comments . . .**

Question 31 \-- They are filling out an application for Federal Student
Aid, and their FAFSA results will also be used in processing State and
institutional aid. It seems to me that the answer \'5\' Don\'t Know is
neither helpful to them nor to financial aid professionals who are
trying to package aid for these students in a timely way.  Please
consider removing this answer from the options \-- force the student to
make a decision.  If they change their minds regarding this question,
they can always contact their financial aid counselor or submit a
correction on their FAFSA. \*\* By the way \-- I like the way you have
integrated Worksheets A, B, and C into the Student Section and the
Parents Financial Section. **\*\***

# 

**From: Kantrowitz, Mark \[mailto:mkant@fastweb.com\]**

#### Sent: Friday, October 03, 2008 4:42 PM

**To: FAFSA Comments**

**Cc: Kantrowitz, Mark**

# **Subject: Comments on 8/7/08 Draft of the 2009-2010 FAFSA**

# 

I question the need for question 31 and recommend its elimination to
save space.

**From: Lauren Asher \[mailto:LAsher@ticas.org\]\
Sent: Tuesday, September 23, 2008 3:21 PM\
To: FAFSA Comments\
Cc: Brown, Michele\
Subject: The Institute for College Access and Success 2009-10 FAFSA
public comments submitted 9_23_08**

Question 31: Work-study/Student loans. We are concerned that the current
language ("In addition to grants, are you interested in work-study or
student loans?") gives students the impression that they are agreeing to
accept these types of aid if offered to them. We recommend changing the
question to say: "In addition to grants, are you interested in *being
considered for* work-study or student loans? *Note: Your answer will not
affect your eligibility for grants, and you do not have to accept these
types of aid if offered to you*."

# **Question 32:**

From: Johnson, Susan Marie \[mailto:johnsosm@uww.edu\]\
Sent: Wednesday, September 24, 2008 9:29 AM\
To: FAFSA Comments\
Subject: FAFSA comments

I think the wording under the notes for question 32 regarding the TEACH
grant should read either "agree to teach" or "commit to teach" rather
than "intend."

**From: Lauren Asher \[mailto:LAsher@ticas.org\]\
Sent: Tuesday, September 23, 2008 3:21 PM\
To: FAFSA Comments\
Cc: Brown, Michele\
Subject: The Institute for College Access and Success 2009-10 FAFSA
public comments submitted 9_23_08**

Notes for question 32 (page 6). It would be helpful to direct students
to the specific website that houses information on the TEACH Grant
Program, instead of the Department's general student aid website, as not
all FAFSA applicants will have the internet search knowledge to find
this information. We also recommend that the Department acquire and use
a shorter and more intuitive web address (such as
[www.TEACHgrant.gov](http://www.TEACHgrant.gov/)) that will redirect to
the current URL
(<http://studentaid.ed.gov/PORTALSWebApp/students/english/TEACH.jsp>).

# 

# **Question 34:**

#### From: Laura Heimbach \[mailto:heimbach@mail.sdsu.edu\]

**Sent: Wednesday, August 06, 2008 1:44 PM**

**To: FAFSA Comments**

**Subject: FAFSA Changes**

In regards to FAFSA changes, I\'d like to make a recommendation for a
change effective immediately. The FAFSA on the Web allows students and
parents to skip the asset questions if the student and/or parent could
have filed a 1040EZ or 1040A. When we receive a student\'s Selected
ISIR, we collect the appropriate tax returns. When we determine that the
student and/or parent were required to file a 1040, we then have to do a
2nd follow up to collect asset information. We have to do this because
when we correct the FAFSA questions \# 34 & \# 78 and send electronic
corrections to CPS, our corrections reject because the asset sections
were left blank from the original FAFSA. Again, this causes us secondary
follow up and needless delays on us awarding students. I\'d like to
recommend that everyone be required to provide their asset information,
and then let the FAFSA response to the above questions determine whether
or not the student is eligible for the Simplified Needs Test or not.
Thanks for your consideration.

# 

# **Question 39:**

# 

**From: Kantrowitz, Mark \[mailto:mkant@fastweb.com\]**

#### Sent: Friday, October 03, 2008 4:42 PM

#### To: FAFSA Comments

**Cc: Kantrowitz, Mark**

**Subject: Comments on 8/7/08 Draft of the 2009-2010 FAFSA**

In questions 39 and 40, why remove the \"You\" and \"Your Spouse\",
given that there\'s room? While embedding the instructions for questions
39 and 40 is an improvement, the instructions still do not accurately
reflect income earned from work. See
http://www.finaid.org/fafsa/earnedincome.phtml for a discussion.

# **Question 42:**

#### From: Gilma Lopez \[mailto:Gilma_Lopez@hmc.edu\]

**Sent: Monday, August 11, 2008 1:54 PM**

**To: FAFSA Comments**

**Cc: FAFSAComments@nasfaa.org**

#### Subject: 2009-10 FAFSA

Hi! Thank you for allowing and requesting comments on the DRAFT copy of
the 2009-10 FAFSA. I have a couple of comments in regards to the equity
on student\'s/parents\'(\'s) investments and business/farm. Each year,
my staff find themselves calling, emailing and corresponding with
students and their families about erroneous information submitted on the
FAFSA in regards to investments and other real estate. While it is more
prominent on the parents\' (\'s) area than on the student\'s, it is
still an item that I think needs clear wording on the questions and
instructions since both questions #42 and #92 ask for the same type of
information from the student and the parent(s) respectively. Most of the
time, the parent(s) either include the value of their retirement plan OR
they omit the equity on other real estate (which we follow up from the
Schedule E-1040 Form). If the question can be split, like it used to be
a few years back, to request information on investments separately from
other real estate equity, I think it will alleviate a lot of the work
and time we spend following up. In addition to splitting the question,
please allow parents to report figures in excess of \$999,999. Since
most of the FAFSA\'s are now completed online, I don\'t think that space
is an issue here.

**From: Sheryl Mihopulos \[mailto:mihopulo@adelphi.edu\]**

#### Sent: Thursday, August 28, 2008 8:12 AM

**To: FAFSA Comments**

**Cc: FAFSAComments@nasfaa.org**

**Subject: Comments on 09-10 FAFSA**

Hello. Recent guidance from the Dept. of Education (Michelle Belton)
clarifying the reporting of business value is not reflected on page 2 of
the \"notes\" for questions 42-43 and 92-93. The family owned and
controlled means 50% or more ownership of the business by a member of
the family who is listed in the household size on the FAFSA. We have
found that families who own businesses point to the directions in the
FAFSA and argue with the financial aid office about this point. They
simply see the less than 100 employees and don\'t understand the
interpretation by ED of the \"family owned and controlled\". Thank you
for your time and guidance.

From: Solinga, Elaine F. (Financial Aid) \[mailto:efsol@conncoll.edu\]\
Sent: Wednesday, September 10, 2008 1:52 PM\
To: FAFSA Comments\
Subject: DRAFT FAFSA

Why is net worth limited to \$999,999?  We have families that have net
worth significantly greater than \$1,000,000 that would be 'no need'. 
However, since they are restricted to reporting net worth as \$999,999,
they qualify for subsidized federal aid.  This does not seem fair that
taxpayers should have to pay the subsidy on this need based aid for a
family who would not qualify if the net worth field could accept a value
greater than \$999,999.

# **Question 43:**

**From: Gilma Lopez \[mailto:Gilma_Lopez@hmc.edu\]**

**Sent: Monday, August 11, 2008 1:54 PM**

**To: FAFSA Comments**

**Cc: FAFSAComments@nasfaa.org**

**Subject: 2009-10 FAFSA**

In regards to items #43 and #93, my staff find themselves deleting the
figures reported by the students and parent(s) after we find out that
the business employs less than 100 employees. Please make the question
and instructions more clear about this. Thank you again for allowing
input regarding the draft copy of the FAFSA and for taking the time to
read my comments. Take care!

# 

# **Question 44:**

**From: Kathy OMeara \[mailto:Kathy.OMeara@castleton.edu\]**

**Sent: Monday, August 11, 2008 9:15 AM**

**To: FAFSA Comments**

#### Subject: Veterans Benefits

In addition to the type of veterans education benefits I suggest adding
back in the questions \... \# of months and monthly amount. Thank you

From: Johnson, Susan Marie \[mailto:johnsosm@uww.edu\]\
Sent: Wednesday, September 24, 2008 9:29 AM\
To: FAFSA Comments\
Subject: FAFSA comments

I like the new layout -- the yes/no question for veteran's benefits,
filling in the oval for grade level and expected enrollment, and the way
worksheet B&C have been incorporated.

# **Question 45:**

# 

# **From: Paxton, Sandy \[mailto:Sandy.Paxton@kentuckianaworks.org\] Sent: Tuesday, August 12, 2008 2:13 PM To: FAFSA Comments Subject: 09-10 FAFSA**

I am at a loss when answering question #45.  There needs to be a
definition of what the different types of aid are like there is for
questions 58-60, 103 and many others. I don't have access to the
chapters mentioned.  I am a TRIO counselor and complete 300-400 FAFSAs a
year.

# 

# **Question 46:**

**From: Shirley Hamilton \[mailto:HamiltonS@coastalcarolina.edu\]\
Sent: Monday, August 18, 2008 5:36 PM\
To: FAFSA Comments\
Subject: 2009-2010 FAFSA DRAFT**

It looks so much better without the worksheet.  Thank you. Page 7 -
question 46, e. Page 9 - question 94, e. Combat pay is never included in
the AGI, unless the IRS is changing the tax form. None of the contents
of Box 12 on the W2 appear in the AGI. Page 2 of Form 1040, #66, b, is
where nontaxable combat pay is listed but not included in any
calculation. Thank you for this opportunity to give you input.

From: Creviston, Pearl \[mailto:Pearl.Creviston@ctcd.edu\]\
Sent: Tuesday, September 23, 2008 1:53 PM\
To: FAFSA Comments\
Subject: 09/10 FAFSA Review

How is combat pay being addressed, is it still going to be used as
income earned from work? Combat pay and 1040A auto zero under 20,000? We
have a large military population and see a lot of people filing a 1040A
with combat pay in excess of \$30,000, who are qualifying for a full
PELL grant, is that issue going to continue?

# **Question 48:**

**From: Lauren Asher \[mailto:LAsher@ticas.org\]\
Sent: Tuesday, September 23, 2008 3:21 PM\
To: FAFSA Comments\
Cc: Brown, Michele\
Subject: The Institute for College Access and Success 2009-10 FAFSA
public comments submitted 9_23_08**

Question 48: Age. Once individuals have established that they are
independent students by answering "yes" to one question in Step Three,
it is unnecessary for them to answer the remaining questions in the
section. As age is the most common way to qualify as an independent
student, we recommend allowing students who answer "yes" to question 48
to skip the other Step Three questions (assuming that questions 51 and
52 are not used to determine eligibility for military educational
benefits). For the paper version of the FAFSA, we recommend adding this
text to the end of question 48: "*If "yes" skip questions 49-60 and
proceed directly to Step Four.*"

Similar language should be added to the FAFSA on the Web Worksheet, and
skip logic should be employed in the online FAFSA to achieve this goal.

# 

# **Question 49:**

From: Roger \[mailto:roger@latech.edu\]\
Sent: Thursday, August 28, 2008 11:53 AM\
To: FAFSA Comments; FAFSAComments@nasfaa.org\
Subject: Comments on the 2009-2010 FAFSA

# 

# Provide clear guidance regarding the marital status at the time they sign the FAFSA and the fact that they cannot change marital status on a subsequent submission.

# **Question 52:**

# 

**From: Lauren Asher \[mailto:LAsher@ticas.org\]\
Sent: Tuesday, September 23, 2008 3:21 PM\
To: FAFSA Comments\
Cc: Brown, Michele\
Subject: The Institute for College Access and Success 2009-10 FAFSA
public comments submitted 9_23_08**

Notes for question 52 (page 7). The Notes fail to describe all possible
scenarios under which the answer "No" should be selected as specified in
20 U.S.C. 1087vv(c)(1)(B). Here is the statutory language, with italics
for emphasis:

> \(c\) Veteran and veterans' education benefits
>
> \(1\) The term "veteran" means any individual who---
>
> \(A\) has engaged in the active duty in the United States Army, Navy,
> Air Force, Marines, or Coast Guard; and
>
> \(B\) was released under a condition *other than dishonorable*.

To comply with the statute, the following criterion should be added to
the end of the second paragraph:

> "*or (4) were engaged in active duty in the U.S. Armed Forces but
> released under dishonorable conditions*."

# **Question 54:**

**From: Rodney Clements \[mailto:rclements@ccga.edu\]\
Sent: Wednesday, August 06, 2008 9:32 AM\
To: FAFSA Comments\
Subject: Question #54**

Question #54 on the FAFSA asks "Do you have dependents (other than your
children or spouse.....". However, in the Application and Verification
Guide, it states "Children and **[legal]{.underline}** dependents".
Often we get students who are obviously trying to make themselves
independent by listing a sibling or niece or nephew as a dependent. We
explain to them that the dependent has to be a "legal" dependent (as
stated in the AVG). But, students don't see the word "legal" on the
FAFSA. I think the word "legal" should be added to the FAFSA to match
the wording on the AVG.

## Question 55-57:

From: Moretta,Cora L \[mailto:moretta@uakron.edu\]\
Sent: Thursday, August 28, 2008 8:27 AM\
To: FAFSA Comments\
Cc: \'FAFSAComments@nasfaa.org\'\
Subject: 2009-2010 FAFSA

Question 55:  When you were age 13 or older, were both your parents
deceased, were you in foster care or were you a dependent/ward of the
court? We have had several students that were in temporary foster care
or a ward of the court and then released to their parents and are
currently with their parents prior to turning 18 years of age.  This
question reads at any time a student was in foster care or a ward of the
court they are automatically independent.  Is this correct or should the
wording be changes to say still in foster care or a still a
dependent/ward of the court.

From: Loerts, Sandra \[mailto:sandra.loerts@mnsu.edu\]\
Sent: Wednesday, September 24, 2008 6:21 PM\
To: FAFSA Comments\
Cc: \'FAFSAComments@nasfaa.org\'\
Subject: 09-10 FAFSA comments

In the review of the draft FAFSA for 09-10, we want to comment on
question #55. The wording for question 55, as well as the instructions
for this question, is confusing.  For the question, we suggest changing
the wording to say, "Are both of your parent's deceased, or when you
were age 13 or older, were you in foster care or were you a
dependent/ward of the court?"  This makes more sense because it doesn't
matter when their parents were deceased, if that is the status as of the
date FAFSA is being filed.  For the instructions for this question, it
is confusing because it says "answer yes to this question even if you
are now adopted," but does not the FAFSA want the student to use the
information of the adoptive parents if they are not both deceased?  This
makes it sound like the student does not need to use their information,
as long as at one point (before adoption by current parents) they had
been orphaned? Thank you for your consideration of this feedback.

From: Roger \[mailto:roger@latech.edu\]\
Sent: Thursday, August 28, 2008 11:53 AM\
To: FAFSA Comments; FAFSAComments@nasfaa.org\
Subject: Comments on the 2009-2010 FAFSA

Page 3, Notes for questions 56 and 57 (page 7). Modify and expand the
note to clearly explain question 56 and 57 on page 7 in light of the
changes in the HEOA. (Reason/Cite: PL 110-315, HEOA Section 473 (c) (1)
new (B) and (C)). Step 3, Page 7, Questions 56 and 57. Question requires
revision in view of cited clarification in HEOA. (Reason/Cite: PL
110-315, HEOA Section 473 (c) (1) new (B) and (C)).

From: Schick, Wendell \[mailto:wschick@unoh.edu\]\
Sent: Thursday, September 04, 2008 4:00 PM\
To: FAFSA Comments\
Cc: FAFSAComments@nasfaa.org\
Subject: Minors in legal guardianships

Ladies and gentlemen. I am concerned about the dependency status
questions that are expanded to include applicants who were in foster
care, emancipated minors, minors in legal guardianship, homeless, or at
risk for homelessness. Although I understand the intent, there are
numerous students in Ohio public school systems that live with "legal
guardians" enabling them to attend another public school system other
than the one their parents live in.  These students have "legal
guardians" for the sole purpose of allowing them to attend a preferred
school.  For example, to play on their favorite, or preferred athletic
team. These students have parents who allow this to occur for numerous
situations, but these parents are in many cases well-off economically.
Please consider this when making the final draft. Thank you.

From: Jerry Loheide \[mailto:jloheide@csufresno.edu\]\
Sent: Wednesday, September 10, 2008 11:43 AM\
To: FAFSA Comments\
Subject: 2009-10 FAFSA

Hi! On question \# 55 if a student cannot provide verification do we
correct the answer to no? On questions \# 56 & 57 if the student has a
court order that's [in effect]{.underline} from another state would they
answer yes?

**From:   Carolyn Karno \
Sent:   Thursday, August 14, 2008 1:02 PM\
To:     TEA Department\
Subject:        Response to FAFSA Changes**

I reviewed the proposed FAFSA and have the following concerns: Page 7,
Step 3. Question 55 reads, \"When you were 13 years or older, were both
parents deceased, were you in foster care or were you a dependent/ward
of the court?\"  The way this reads, students who were in foster care or
wards of the court for even 6 months at age 14 and then returned to
their parents) would still check \"Yes\" and be considered independent. 
Is this what the regulations intended?  Also, students with parents who
were deceased prior to the age of 13 may be confused by the question.
Question 56 and 57 reads, \"As of today, are you (an emancipated minor)
in legal guardianship as determined by a court in your state of legal
residence?\"  By prefacing the question with, \"As of today\", this only
helps minors.  What happens to these same students when they turn 18? 
Will they have to answer, \"No\" and seek professional judgment?

From: Rick Weems \[mailto:anrdw1@uaa.alaska.edu\]\
Sent: Tuesday, September 23, 2008 12:08 PM\
To: FAFSA Comments\
Subject: Independent Questions

Emancipation is going to create problems.  Just because a child has
turned 18 and a parent feels they should be on their own or a financial
planner recommends this approach to increase aid eligibility or because
they are a child of an attorney etc is not a reeason to given them a
Pell Grant.  Emancipation is already covered under Professional
Judgement for those that can really document unusual issues.

From: Lauren Asher \[mailto:LAsher@ticas.org\]\
Sent: Tuesday, September 23, 2008 3:21 PM\
To: FAFSA Comments\
Cc: Brown, Michele\
Subject: The Institute for College Access and Success 2009-10 FAFSA
public comments submitted 9_23_08

# Question 55: Foster youth/Ward of the court. For clarification, we recommend the following revision: "*At any time since you turned age 13*, were both your parents deceased, were you in foster care or were you a dependent/ward of the court?" 

From: Kendra Burnette \[mailto:BurnetteK@SMCSC.EDU\]\
Sent: Wednesday, September 24, 2008 8:24 AM\
To: FAFSA Comments\
Subject: 2009-10 FAFSA

Regarding Q. 57 and legal guardianship, most of the legal guardianship
court orders that I have seen expire when the student becomes 18 years
of age. If the intent of this question is to relieve the burden of so
many Dependency Overrides by FAOs, I would suggest that the question be
re-worded to ask if the student was in a legal guardianship until the
age of 18.  I have several students who could avoid a full dependency
evaluation just by being able to answer "yes" to this question, but they
cannot answer "yes" if the guardianship has expired.

From: Pamela Miller \[mailto:pmiller@msbcollege.edu\]\
Sent: Tuesday, September 30, 2008 3:41 PM\
To: FAFSA Comments\
Subject: Commentary on chagnes to the FAFSA for 2009-2010

First of all I want to say that we all agree with the removal of the
Worksheets (implementing it into the form is much easier to read). One
of the areas we focused on and were more concerned on were all of the
"yes" and "no" questions for marking dependency. There are now 13
questions as opposed to less in the prior years.  The more we separate
out the questions, the more confused a student will get.  A big emphasis
is in questions 55 through 59 (how many times can we ask a student in a
different context if they have been "homeless")?  I think all these
questions can fall into one category and, as we have for other questions
such as the drug conviction, we can have a worksheet for FA
professionals to determine their dependency status.  Too many questions
bring more confusion on the up-front.  For example, one question could
assist in all of these such as:  "As of today, do you have or have you
had a change in guardianship as determined by the court?"  Once again, a
professional worksheet can determine from there.

From: Lyberger, Shirley J \[mailto:Shirley.Lyberger@vangent.com\]\
Sent: Monday, October 06, 2008 2:55 PM\
To: FAFSA Comments\
Subject: Dependency changes 2009/2010

Emancipated minors:  what happens if the order is no longer in effect
(ie, under age 24 (21 example)

## 

From: Lauren Asher \[mailto:LAsher@ticas.org\]\
Sent: Tuesday, September 23, 2008 3:21 PM\
To: FAFSA Comments\
Cc: Brown, Michele\
Subject: The Institute for College Access and Success 2009-10 FAFSA
public comments submitted 9_23_08

Notes for question 55 (page 7). For clarification and simplification, we
suggest changing the Note to say:

> "Answer "Yes" if *at any time since turning age 13:*

-   *You had no living parent (biological or adoptive), even if you are
    now adopted; or*

-   *You were in foster care, even if you are no longer in foster care
    as of today; or*

*You were a dependent/ward of the court, even if you are no longer a
dependent/ward of the court as of today.*"

## Question 58:

**From: Leonard Gude \[mailto:leonard.gude@regenteducation.com\]**

**Sent: Monday, August 11, 2008 9:04 AM**

**To: FAFSA Comments**

**Cc: FAFSAComments@nasfaa.org**

**Subject: 2009-10 FAFSA Comments**

Questions 58 through 60 appear to be redundant. Recommend combining them
in to a single question. \"At any time on or after July 1, 2008 were you
determined to be an unaccompanied youth who was homeless by one or more
of the organizations listed in the Notes on page 3?\" Benefits from
Federal Benefits Program.

From: Empire State Coalition
\[mailto:empirest@empirestatecoalition.org\]\
Sent: Friday, August 15, 2008 2:52 PM\
To: FAFSA Comments\
Subject: FASFA Proposed Applications -- Comments

To Whom It May Concern: I am writing to offer comments on the proposed
FAFSA application for July 1, 2009- June 30, 2010. As a youth service
professional who has been working with or on behalf of homeless, runaway
and street-involved youth for over 20 year, it is extremely gratifying
to see unaccompanied youth recognized as in need of an exemption from
parental participation in the application process.  Far too many young
people who are homeless have been stymied in their quest for higher
education by the onerous requirement that they have their parents
provide information on the forms. My one concern about the proposed
application is the gap created between those eligible to apply as
unaccompanied youth (under 21), and your age of independence for all
students (24).  Under the proposed application, questions 58, 59 and 60
only apply to "youth" defined as someone under the age of 21 or still
enrolled in high school.  There are many young adults who have
successfully completed their GEDs or have completed high school while
homeless.  If these young people are ages 21 through 23 they would be
ineligible for student aid as a homeless youth under your narrow
definition. To remedy this inequity, you could expand the definition of
homeless youth to someone under the age of 24 or you could add another
category of homeless young adult with "young adult" defined as person
under the age of 24 and simply add "or homeless young adult" to
questions 58, 59 and 60. Thank you in advance for you consideration of
this comment.

**From:   Legier, Kim \
Sent:   Wednesday, August 27, 2008 9:43 AM\
To:     \'FAFSAComments@ed.gov\'\
Cc:     \'FAFSAComments@nasfaa.org\'\
Subject: 2009-2010 FAFSA**

Dear DOE, Thank you for the opportunity to voice our opinions about the
2009-2010 FAFSA.  I work at a two-year community college in Southern
California. We see many attempts of abusing the federal aid program.  We
require students to submit proof of independent status.  How are we to
confirm someone is homeless or at risk of being homeless?  In fact, I
don\'t think this problem will be unique to the community college
system.  For years we have heard about the need for more Pell Grants for
needy students.  However, this question of being homeless allowing
students to be independent, just opens the door for flagrant abuse of
the federal program across all sectors. I strongly feel that low income
is enough of a litmus test for need-based aid.  Why are we opening the
floodgates for abuse??? I\'ve been a financial aid administrator for 17
years and have seen some really creative ways students and parents make
themselves need-based eligible. As a financial aid administrator and tax
payer, I find this avenue of independence to be fiscally irresponsible. 
I would like to see students who are truly needy get more funding not
people who see loopholes in abusing the program.  Please reconsider this
question for determining independent status.  Correct me if I am wrong,
doesn\'t the Pell program always operate in the red? Certainly this
\"homeless\" factor will further put the program in the red. I am dead
set against it.

**From: Roger \[mailto:roger@latech.edu\]\
Sent: Thursday, August 28, 2008 11:53 AM\
To: FAFSA Comments; FAFSAComments@nasfaa.org\
Subject: Comments on the 2009-2010 FAFSA**

Page 3, Notes for questions 58-60 "Answer "No" phrase. Direct the
student to local social services where they can obtain an official
determination rather than the financial aid office. Directing the
applicant to the financial aid office for assistance because the
applicant "believes" they meet the conditions places a burden on the
financial aid office to perform external investigation of an issue that
is within the purview of social services. The financial aid office does
not have the resources to make a documented determination of this
status.

Even if the financial aid office refers the student to the local social
services offices, an additional step for the applicant has been created.

From: Jerry Loheide \[mailto:jloheide@csufresno.edu\]\
Sent: Wednesday, September 10, 2008 11:43 AM\
To: FAFSA Comments\
Subject: 2009-10 FAFSA

On questions 58-60 what is a determination and what type of verification
is acceptable for schools to collect? Thanks.

From:   Carolyn Karno \
Sent:   Thursday, August 14, 2008 1:02 PM\
To:     TEA Department\
Subject:        Response to FAFSA Changes

Questions 58, 59, 60 all deal with homeless, unaccompanied youth who
probably have no idea what type of funding their shelter receives. 
It\'s not as if shelters have signs stating funded through HUD.  I am
not aware of any Connecticut school districts that have a school
district homeless liaison so I assume that many districts assign these
duties to a school administrator.  I think these questions could be
combined and simplified.

From: Lauren Asher \[mailto:LAsher@ticas.org\]\
Sent: Tuesday, September 23, 2008 3:21 PM\
To: FAFSA Comments\
Cc: Brown, Michele\
Subject: The Institute for College Access and Success 2009-10 FAFSA
public comments submitted 9_23_08

Questions 58-60: Unaccompanied homeless youth. Our proposed changes
address a statutory issue in the draft while simultaneously making it
easier for students to understand what they are being asked. As detailed
below, we recommend that instead of asking three separate questions that
attempt to capture the various ways an applicant might qualify as an
independent student due to being homeless or at risk of homelessness,
the form should ask just one simple question accompanied by a more
detailed Notes section. The College Cost Reduction and Access Act of
2007 (CCRAA) specifies that certain unaccompanied youth are considered
independent if they are homeless *or* are self-supporting and at risk of
homelessness, *and* if they receive an official determination of their
status from one of four sources. However, the draft language for
questions 58 and 59 does not currently include those who are determined
to be self-supporting and at risk of homelessness, as mandated by the
CCRAA in section 604(a)(2). Here is the statutory language, with italics
for emphasis:

> "(H) has been verified during the school year in which
>
> the application is submitted as *either an unaccompanied*
>
> *youth who is a homeless child or youth* (as such terms
>
> are defined in section 725 of the McKinney-Vento Homeless
>
> Assistance Act), *or as unaccompanied, at risk of homelessness,*
>
> *and self-supporting*, by---
>
> ''(i) a local educational agency homeless liaison,
>
> designated pursuant to section 722(g)(1)(J)(ii) of the
>
> McKinney-Vento Homeless Assistance Act;
>
> ''(ii) the director of a program funded under the
>
> Runaway and Homeless Youth Act or a designee of
>
> the director;
>
> ''(iii) the director of a program funded under subtitle
>
> B of title IV of the McKinney-Vento Homeless
>
> Assistance Act (relating to emergency shelter grants)
>
> or a designee of the director; or
>
> ''(iv) a financial aid administrator; or";

We recommend replacing questions 58, 59, and 60 \-- which are long,
confusing, and still do not cover all of the potential combinations of
status and source of determination \-- with the following single
question: "*At any time on or after July 1, 2008, did you receive a
determination that you were an unaccompanied youth who was homeless, or
that you were an unaccompanied youth who was self-supporting and at risk
of being homeless?*"

The new question would be accompanied by a reference to the Notes
section, and the first paragraph of the Notes would read: "Answer 'Yes'
if you received a determination *that you were an unaccompanied youth
who was homeless, or self-supporting and at risk of homelessness, from
any of the following sources* at any time on or after July 1, 2008*:*

> *- Your high school or school district homeless liaison*
>
> *- The director, or designated staff, of an emergency shelter program
> funded by the U.S. Department of Housing and Urban Development*
>
> *- The director, or designated staff, of a runaway or homeless youth
> center or transitional living program.*
>
> *- A financial aid administrator at the school you attend/plan to
> attend.*"

Further, the 21-or-younger definition of "Youth" in the Notes for
questions 58-60 appears to conflict with legislative intent. Under the
draft definition of "Youth" in the FAFSA Notes, unaccompanied homeless
youth who are 22 or 23 years old will not be considered independent
students and, because these youth do not have access to parental
signatures or income information, they will not be able to apply for
federal financial aid. While the statutory language of the CCRAA does
not specify ages pertaining to "unaccompanied homeless youth," the
congressional record shows clear intent to provide federal student aid
access to unaccompanied homeless youth who would not otherwise qualify
as "independent" and are unable to provide parental information.[^2]
Additionally, the Government Accountability Office, in advising Congress
on this and related issues, has defined disconnected youth as "youth
aged 14 to 24 who are not in school and not working, or who lack family
or other support networks."[^3] Therefore, we recommend revising the
Notes as follows: ""Youth" means you were born on or after January 1,
1986."

From: Lyberger, Shirley J \[mailto:Shirley.Lyberger@vangent.com\]\
Sent: Monday, October 06, 2008 2:55 PM\
To: FAFSA Comments\
Subject: Dependency changes 2009/2010

Homeless or in danger:  What authority can determine,  what happens to
the 21year-old (not at "youth" but not in custody of parent --kicked
out)?

[Question 61:]{.underline}

From: Stephanie Gardiner \[mailto:gardiner@mail.csi.cuny.edu\]\
Sent: Tuesday, September 23, 2008 10:19 AM\
To: FAFSA Comments\
Subject: 2009-10 FAFSA

For question 61, I strongly suggest either making divorced and seperated
2 seperate choices or defining seperation for Federal Guidlines. 
Several students say their parents haven\'t been together for X amount
of years but they\'re not legally divorced so they put \"married\". Hope
this helps.

[Question 66:]{.underline}

From: Franceskino, Odette \[mailto:Odette.Franceskino@quinnipiac.edu\]\
Sent: Tuesday, September 09, 2008 4:19 PM\
To: FAFSA Comments\
Cc: FAFSAComments@NASFAA.org\
Subject: FAFSA Comments

Hello. Here are a few comments from reading the 2009-10 FAFSA draft: For
Questions #9, #66 and #70 of the FAFSA.  Why not standardize the form to
list the year as YYYY instead of 19YY even when referencing birthdates.

## Question 73:

**From: Leonard Gude \[mailto:leonard.gude@regenteducation.com\]**

**Sent: Monday, August 11, 2008 9:04 AM**

**To: FAFSA Comments**

**Cc: FAFSAComments@nasfaa.org**

#### Subject: 2009-10 FAFSA Comments

Parent Status of Legal Residency. Question 73 is redundant and could be
calculated based on the student\'s response to question 74.

## 

## Question 74:

## 

From: Lauren Asher \[mailto:LAsher@ticas.org\]\
Sent: Tuesday, September 23, 2008 3:21 PM\
To: FAFSA Comments\
Cc: Brown, Michele\
Subject: The Institute for College Access and Success 2009-10 FAFSA
public comments submitted 9_23_08

Question 74: Parents' Email Address. We recommend adding this sentence
to the end of question 71: *"If your parent(s) do not have an email
address, leave this question blank."*

## Question 75:

## 

## From: Jaime Schulang \[mailto:Jschulang@salus.edu\] Sent: Thursday, August 07, 2008 9:15 AM To: FAFSA Comments Subject: 09-10 FAFSA comment 

## 

## I have just reviewed the 09-10 FAFSA, and had a comment about number 75.  I feel it would be better to change the first two items in the list for who to include in the parents\' household to: 1. yourself, even if you don\'t live with your parents; 2. your parents. Since this is the parents\' section, it should be obvious that the parents should be included in the household, but often the students do not include themselves if they do not live with the parent.  This way, it clearly states that the student is to be included even if they do not live with the parent. Thank you for your time.

**From: Jim Green \[mailto:jgreen@pct.edu\]\
Sent: Thursday, August 28, 2008 9:23 AM\
To: FAFSA Comments\
Subject: Comments on 2009-2010 FAFSA Draft**

Question 75 & 77: Will the order of these questions be the same on the
FOTW worksheet? It needs to be. In 2008-09 on the FOTW worksheet, the
question about parents' household members' receipt of the federal
benefit programs came BEFORE the question about \# of people in parents'
household (the reverse of the order on the paper FAFSA). These questions
should come in the same order on the FOTW worksheet.

From: Meyers, Val \[mailto:Meyersv@msu.edu\]\
Sent: Thursday, August 28, 2008 11:10 AM\
To: FAFSA Comments\
Cc: FAFSAComments@nasfaa.org\
Subject: Response to proposed FAFSA changes - 2009-10

Although question 75 indicates only include individuals who will be
receiving more than half their support from the parent, we think some
language to clarify that foster children should not be included (since
support is being received by the state) would be helpful.  It's
inconsistent with question 95c, which directs parents not to include
foster or adoption payments for such children, so they should be
instructed not to include them in the household.

**[Question 76:]{.underline}**

From: Franceskino, Odette \[mailto:Odette.Franceskino@quinnipiac.edu\]\
Sent: Tuesday, September 09, 2008 4:19 PM\
To: FAFSA Comments\
Cc: FAFSAComments@NASFAA.org\
Subject: FAFSA Comments

For Questions #76 and #97 of the FAFSA regarding number in college  ...
a program that leads to a college degree or certificate (add) at a
school eligible for any of the Title IV (Federal Student Aid) programs. 
If you need to add a note reference for this statement in the
instructions (see page 28 of the 2008 Application and Verification
Guide) an example of an exclusion would be students at a U.S military
academy because most of their primary educational expenses are paid for.
I like the incorporation of the worksheets in the body of the FAFSA.
Thank you for sharing the draft!

## Question 77:

**From: Leonard Gude \[mailto:leonard.gude@regenteducation.com\]**

**Sent: Monday, August 11, 2008 9:04 AM**

**To: FAFSA Comments**

**Cc: FAFSAComments@nasfaa.org**

### Subject: 2009-10 FAFSA Comments

Combine questions 77 through 81 into a single question. \"In 2007 or
2008, did you, your parents, or anyone in your parents\' household,
receive benefits from Social Security Income, Food Stamps, Free or
Reduced Price Lunch, TANF or WIC? Yes No\" Combine questions 98 through
102 into a single question. \"In 2007 or 2008, did you, ( or your
spouse) or anyone in your

household, receive benefits from Social Security Income, Food Stamps,
Free or Reduced Price Lunch, TANF or WIC? Yes No\"

From: Johnson, Susan Marie \[mailto:johnsosm@uww.edu\]\
Sent: Wednesday, September 24, 2008 9:29 AM\
To: FAFSA Comments\
Subject: FAFSA comments

I could not find if TANF and WIC were spelled out anywhere on the form. 
If they aren't spelled out, I think they should be.

### Questions 80-81

**From: Lauren Asher \[mailto:LAsher@ticas.org\]\
Sent: Tuesday, September 23, 2008 3:21 PM\
To: FAFSA Comments\
Cc: Brown, Michele\
Subject: The Institute for College Access and Success 2009-10 FAFSA
public comments submitted 9_23_08**

### 

Questions 80 and 81 (and their corollaries, Questions 101 and 102):
Federal Benefits. As currently written, these questions require a level
of knowledge about government programs that applicants are unlikely to
have. In particular, Question 80, and its companion Question 101, assume
that applicants will know what TANF is by the acronym alone, and will
know whether they "receive benefits" through TANF. Although TANF is a
federal benefit, it is administered at the state level and goes by very
different names in different states. For example, it is called CalWorks
in California, MFIP (Minnesota Family Investment Program) in Minnesota,
and WAGES (Work and Gain Economic Self-Sufficiency) in Florida. There is
no reason that recipients in these and many other states would know that
their benefit actually comes through TANF. The very-low-income students
and families who receive TANF benefits are those most in need of federal
financial aid to attend and succeed in college. It is essential that
applicants can easily determine the correct answer to question 80 as
well as the other questions related to means-tested benefits, because
these questions directly affect eligibility for the Simplified Needs
Test and Automatic-Zero EFC. Questions 80, 81,101, and 102 should be
accompanied by an explanation in the Notes section. The Notes should
spell out the full names of both TANF and WIC (similar to the 2008-2009
FAFSA), but also, and much more importantly, include the following
explanation: "*TANF is sometimes called "welfare" and may have a
different name in your state*. *To find the name of your state's
program, see \[URL\] or call 1-800 -4-FED-AID."* The URL in brackets
\[\] above should link to a list of state TANF program names, ideally on
the FAFSA website. There should also be a hyperlink to this list from
the question in the online FAFSA (that opens in a new window when
clicked, and does not replace the online FAFSA being worked on). For an
example of a list of all state TANF programs, see
<http://www.ct.gov/dss/cwp/view.asp?a=2352&q=305132>.

The Department must also ensure that all operators on the FAFSA helpline
understand what TANF is and have reference materials with state program
names easily available. We placed 14 calls to the 1-800-4-FED-AID
helpline to ask for help answering Question 80, including whether being
enrolled in a state welfare program would qualify an applicant to fill
in the "TANF" bubble in question 80 on the draft form. Despite the fact
that most of the operators clearly wanted to help and consulted other
resources before giving a definitive answer, *half gave incorrect
information which would have led applicants who did receive TANF to
answer that they did not receive it.*

### Question 85:

From: Jim Green \[mailto:jgreen@pct.edu\]\
Sent: Thursday, August 28, 2008 9:23 AM\
To: FAFSA Comments\
Subject: Comments on 2009-2010 FAFSA Draft

Questions 85 and 103:  There is no time period provided. For example, I
could have lost my job or been laid off 5 years ago and could truthfully
answer Yes to the question, even though I have since found another job
or career. I think a time period (during or since the previous calendar
year) should be included for clarification.

**From:   Carolyn Karno \
Sent:   Thursday, August 14, 2008 1:02 PM\
To:     TEA Department\
Subject:        Response to FAFSA Changes**

Page 8, question 85 pertains to dislocated workers.  According to the
instructions provided, just about anyone who has been let go from a job
could claim they are dislocated.  Is this what the regulations intended?

From: Pamela Miller \[mailto:pmiller@msbcollege.edu\]\
Sent: Tuesday, September 30, 2008 3:41 PM\
To: FAFSA Comments\
Subject: Commentary on chagnes to the FAFSA for 2009-2010

...number 85 when parents are asked to report if they are a dislocated
worker which includes unemployment information.  There is no question
for the students to complete this information therefore creating a lack
of reporting on the independent student's case.  I understand this
question may be trying to supply the correct amount of aid based on a
student or parent's income but we need to have this question either on
both sides (student and parent) or leave it off and use the professional
judgment to determine this.

From: Lauren Asher \[mailto:LAsher@ticas.org\]\
Sent: Tuesday, September 23, 2008 3:21 PM\
To: FAFSA Comments\
Cc: Brown, Michele\
Subject: The Institute for College Access and Success 2009-10 FAFSA
public comments submitted 9_23_08

Question 85: Dislocated worker. For grammatical agreement, we suggest
changing the language of question 85 to: "*Is* either of your parents a
dislocated worker?"

**[Question 86:]{.underline}**

From: Pam Palermo \[mailto:Pam.Palermo@ewc.wy.edu\]\
Sent: Tuesday, September 23, 2008 1:05 PM\
To: FAFSA Comments\
Cc: Terri Hauf; FAFSAComments@nasfaa.org\
Subject: 2009-2010 FAFSA comments

Question #86 and 87 should refer to the people referenced in question
#75  - perhaps clarification there? State parent/stepparent not
parents(s) in guidelines on Q75. Too many students add dad's info to
mom's even though they are divorced....Also, could you include
information telling them that if the parent is remarried at the time
they fill out the FAFSA, but wasn't married the prior year, be sure to
combine tax/income information...

**[Question 94:]{.underline}**

From: Mary Bauer \[mailto:mbauer@tricity.wsu.edu\]\
Sent: Wednesday, September 10, 2008 12:55 PM\
To: FAFSA Comments\
Cc: FAFSAComments@nasfaa.org\
Subject: 09-10 FAFSA comments

Just a few of my comments. In question 94.  Parents' 2008 Additional
Financial Information Items C. Taxable earnings from need-based
employment programs such as work-study and D. Student Grant and
Scholarship aid reported to the IRS in your adjusted gross income.  I
believe we should preface the question, :"if the parent(s) was a student
during the 2008 year".  I get many questions about this question as
parents wonder if they are supposed to put what the student reported as
grant income here and work-study employment as most parents are not in
school at the same time as their children and thus have no idea about
reporting student grant/scholarship aid as income to the IRS.

**From: Lauren Asher \[mailto:LAsher@ticas.org\]\
Sent: Tuesday, September 23, 2008 3:21 PM\
To: FAFSA Comments\
Cc: Brown, Michele\
Subject: The Institute for College Access and Success 2009-10 FAFSA
public comments submitted 9_23_08**

Questions 94 and 95. Please increase the font size to make these
questions easier to read.

### General Comments:

**From: Mary Edington \[mailto:MEdington@greenriver.edu\]\
Sent: Thursday, August 07, 2008 8:47 PM\
To: FAFSA Comments\
Subject:**

Thank you for the opportunity to comment.  This version takes the FAFSA
to an extreme that will drive applicants away.  This version is truly
over-kill and in no way simplifies the application process.  Even after
working in financial aid for 30 years, my eyes roll when looking at this
form.  It might be great for a tax accountant but not for the average
family.  Please reduce some of the entries from worksheets.

From: Humeston, Dart \[mailto:dhumeston@mail.barry.edu\]\
Sent: Thursday, August 28, 2008 8:05 AM\
To: FAFSA Comments\
Subject: 2009-2010 comments

I respectfully offer comments about the draft 2009-2010 FAFSA that I
just reviewed. The FAFSA is now six fully packed pages for students and
parents to complete. Six pages! Congress indicated a desire for the
Department of Education to simplify the financial aid application
process. I do not believe a six page application, which is four pages
more than most people's IRS tax returns, meets that desire. I strongly
encourage a greater effort to reduce unnecessary items, and to reduce
the length of this most important application. With respect.

**From: Deborah Donald \[mailto:Donald@uaccm.edu\]\
Sent: Friday, August 08, 2008 10:13 AM\
To: FAFSA Comments\
Subject: FAFSA**

First, FAFSA 2008-2009 gaves the students and parents the option to
[not]{.underline} answer questions about their income. Most of our
students opt out to answer this question, which embarked an overload for
office verification for our office. Giving the students this option
should not be a choice, but required. All STUDENTS and/or PARENTS should
have to answer questions regarding their income.  Secondly, the question
regarding if a student has a high school diploma or GED should be a
requirement as well. No student without this requirement, regardless of
any institution she/she attends, will not be allowed to attend school
without a high school diploma or GED. I plead with you to take these two
things into consideration when making changes to the new 2009-2010 FAFSA
Application. Thank

**From: Steven Winey \[mailto:WINEYS@cedarville.edu\]\
Sent: Monday, August 11, 2008 8:32 AM\
To: FAFSA Comments\
Cc: FAFSAComments@nasfaa.org\
Subject: 2009-10 Draft FAFSA comments . . .**

> My comments are mostly in relation to the on-line FAFSA and the use of
> \'skip-logic\' and some other observations which might relate to
> programming. Understand, I\'m an end-user who processes FAFSA data
> into our administrative system and get to work through many of the
> errors which block processing properly. Section Headers which begin
> with \'Step . . .\' \-- would recommend a change which would clearly
> identify the section with Student or Parent info:

Step 1 - Student: For questions 1-32 . . .

Step 2 - Student: Answer questions 33-60 . . .

Step 3 - Student: Answer all questions in this step to determine . . .

Step 4 - Parent Information:  Complete this step if the student answered
\"No\" to all questions

in Step 3.

Step 5 - Student: Complete this step only if the student answered
\"Yes\" to any question in Step 3.

\*\* Online \'skip-logic\' programming:  If a student did not answer
\"Yes\" to any of the Step 3 \'Dependency Status\' questions, then do
not allow them access to questions 96-103.

\*\* I know it doesn\'t go into their EFC calc, but it makes no sense as
they will sometimes come back and make corrections to this info which is
unnecessary to even review

Step 6 - Student: Indicate which colleges you want . . . Consider having
a \'Pop-up Comment\' which would state something to the effect \"If you
have determined that you will definitely not be attending one of the
schools indicated, please remove them as a \'destination point for your
FAFSA data.\' If you change your mind, you can certainly submit a
correction and add them        back to the list at a later time. This
would help eliminate processing time/work on the financial aid staff as
FAFSA\'s for students who have no intent to attend would not come into
our systems for processing. - this is especially true of \'Renewal
FAFSAs\'. Just some ideas for your consideration as your make
improvements to the FAFSA application.  Thanks for the great strides
that have been made the past couple of years. I trust these
ideas/thoughts are helpful for you in your review process.

From: Mary Sommers \[mailto:sommersm@unk.edu\]\
Sent: Monday, August 11, 2008 9:48 AM\
To: FAFSA Comments\
Cc: FAFSAComments@nasfaa.org\
Subject: Draft FAFSA for 2009-2010 \-- Comments

I am providing comments from the financial aid staff at the University
of Nebraska at Kearney. We spent a portion of our staff meeting last
week reviewing the draft version of the form and have several comments
and suggestions. We were pleased to the worksheets eliminated and
capturing of untaxed income in the form itself.  We also appreciate the
thoughtful approach to the layout of the form. We especially like
sections where previously instructions were on a different page and now
on imbedded with the question (year in school, for example). We realize
your staff had a difficult assignment:  to try to make as logical and
simple as possible a very complicated set of new questions.  Job well
done. We do have several thoughts on the form for your consideration:\
On page 2, under the section \"Notes for questions 35 and 84 . . .\"\
The description of who is typically eligible to file a short form is
logical and makes sense. However you also have included the \"reverse\"
description. That is the description of who does not qualify. We believe
that is too confusing. We would suggest that you eliminate the sentence
beginning \"A person is **not** eligible to file a 1040EZ . . . \"  Keep
the sentence beginning \"If you filed a 1040 only to claim Hope or
Lifetime . . .\".    We honestly think including both sentences is
redundant and might confuse more than help applicants.\
\
Under the instructions for questions 58-60 on page 3, is it possible
(and we understand that it may not be) to include generally a
description of who might make the determination that an individual is an
unaccompanied youth.  We are concerned that the student may feel like an
unaccompanied youth  and mark \"yes\" based upon their own personal
analysis.  If it is possible (and again we realize this might be not be
possible) that the determination is typically made by a state or federal
agency, that may help eliminate some erroneous answers.\
\
On the form itself, under the untaxed income section, it occurred to us
that perhaps you could combine E & F, untaxed portions of IRA
distributions or untaxed portions of pensions.  We\'re not sure if that
was ever discussed and it never occurred to us until this year.  But
perhaps that may be a way to create some more space.\
\
On page 8 at the very top, the instructions that essentially describe
whether a student should complete the parents section or not, we really
do think that needs to be right at the end of Section 3, if at all
possible.  \
\
Our final discussion point on the 2009-2010 FAFSA was simply that
reviewing the paper form seems to be less and less relevant as more and
more of our students use the on-line FAFSA. We know the on-line FAFSA
with it\'s \"smart\" technology is so much more user friendly and
frankly we are most anxious to review on on-line version of the FAFSA
for 2009-2010. Will it be possible someday for that to be presented in a
\"draft\" on-line format for comment?  We hope so.

**From: Hurley, Peter \[mailto:Peter.Hurley@CSN.EDU\]\
Sent: Monday, August 11, 2008 12:38 PM\
To: FAFSA Comments\
Subject: high school question**

For 08-09, CSN received a number of ISIRs from the renewal process where
the student failed to answer the HS/GED question on the renewal
application because they answered it on their original FAFSA and didn't
realize they needed to answer it again. Please emphasize the need to
(re) answer the question, or carry the old answer forward on the renewal
process. Thanks

**From: Deborah Flinn \[mailto:dflinn@charteroak.edu\]\
Sent: Thursday, August 14, 2008 12:47 PM\
To: FAFSA Comments\
Subject: FAFSA 2009-2010**

Page 2: Notes for questions 38 (page 6): Is this section required?  Will
it not confuse students/families further?  They have already filed their
taxes, or their taxes were prepared for them.  These students may have
no idea on how to answer this question or where to look for guidance. 
Is this information being tracked?   Notes for questions 42-43 (page 6)
and 92-93 (page 9): Investments include real estate such as rental
property and second homes ...

Directions & FAFSA: Questions 55-60 ... These issues are already dealt
with through professional judgement at the Institutional level.  As the
FAFSA indicates, the Institution may ask for documentation to
substantiate these answers.  I'm not sure how this will benefit students
and/or aid offices in facilitating the aid process.  Will this in fact
impede the process, if the student answers the question incorrectly?

Question?  Worksheet A has been discarded.    When a student/family has
low income and indicates social security benefits, may a school use PJ
to add these benefits back in worksheet B as untaxed income?  Or are
these benefits totally excluded from the calculation?  The reason I ask,
is that I have accounted for some families where both parents are
receiving full social security disability benefits, and their calculated
EFC precludes them from receiving Pell. Thank you for your time.

**From: Lili C Vidal\
Sent: Wednesday, August 27, 2008 8:39 AM\
To: \'FAFSAComments@ed.gov\'\
Subject: Comments on 2009-10 FAFSA**

>  

Step Seven.  "will use federal and/or state student financial aid only
to pay the cost..." I would suggest "financial aid to pay only the
cost..."  The way it is written currently implies that students can only
use fed/state aid to pay the costs of attendance (not work, private
support, etc.)  The suggested change makes it clearer that the aid
received is to be used only for the costs of education. Thank you for
the chance to give feedback.

From: Meyers, Val \[mailto:Meyersv@msu.edu\]\
Sent: Thursday, August 28, 2008 11:10 AM\
To: FAFSA Comments\
Cc: FAFSAComments@nasfaa.org\
Subject: Response to proposed FAFSA changes - 2009-10

The Office of Financial Aid at Michigan State University thanks you for
the opportunity to comment on the 2009-2010 FAFSA.  1) Page 3 (Notes)
for questions 61-95 (pages 8 and 9) Step Four.*    * This is the
only note that states which \"Step\" the questions are pertaining
to; all others just indicate the question numbers.  We are not sure how
much consistency matters, if it all. 2) Although there is not language
on the paper application direction parent/students to skip asset
questions, we wonder if this is going to be true of the web application
as well.  We found during 2008-09 that parents and students were allowed
to skip the asset questions online if it appeared as if they qualified
for the simplified needs test.  If they were selected for verification
and it was determined that they did not qualify for the simplified needs
test then reject 1 was created (missing asset information).  This caused
further delays in finalizing aid as we then needed to follow up for
asset information. 3) While the elimination of the Worksheet and
incorporation of the questions into the body of the FAFSA is probably
more clear for the student and parent, we are still concerned about the
density of the form at those points in the form (questions 46 & 47 and
94 & 95).  4) We appreciate the clarity of the additional questions
regarding student independence (foster care, emancipated minors, minors
in guardianship, etc.)

From: Dixon, Kathy K (Big Sandy) \[mailto:KDIXON0020@kctcs.edu\]\
Sent: Wednesday, September 10, 2008 10:37 AM\
To: FAFSA Comments\
Subject: BSCTCS

As a FAO consultant students give their pin numbers to their parents who
in turn use it to apply for their FAFSA. There is no real way to be sure
that the information is correct except through the verification process.
The biggest gap that I see is that the PELL chart is not focused on
working parents and is geared for those with low income. The students
whose parents are both working places them in a EFC range to where they
qualify for very little of the PELL. The chart actually needs to be
flipped upside down and begin with the working parents and move toward
those who are going to automatically qualify because of lack of income.
Students with a high EFC are forced to borrow loans; yet, those who have
a low EFC usually do borrow anyway simply because they can. If the
government would stipulate that those who receive the PELL funds be
limited to borrowing perhaps there would be less students in default.
Since credit history is not a requirement students with low EFC's often
view there will not be as much penalty as those who with the high EFC
would not take that risk to ruin their parents credit history. In
another essence the "War on Poverty" has only emphasized a dependence on
the government for funding and use financial aid as a means of income
instead of working.

From: Mary Bauer \[mailto:mbauer@tricity.wsu.edu\]\
Sent: Wednesday, September 10, 2008 12:55 PM\
To: FAFSA Comments\
Cc: FAFSAComments@nasfaa.org\
Subject: 09-10 FAFSA comments

Step Five: Complete this step only if you (the student) answered "Yes"
to any question in Step Three.  I think that this should be bolded and
say something about skipping to Step 6.  So maybe "Step 5 is for
students not required to complete Step 4 (parents income).  If you were
required to provide parental income skip to Step 6 (entering school
information)."  Or something similar.  Most students will not look back
and see if they answered Yes to questions in Step 3 and will completely
have forgotten step 3 by this point and just continue to fill out all
Green Student sections. And last, is it possible to add in the
information section what to do if your parent's do not have SSNs (or are
not citizens) but the child or the FAFSA applicant does have one and is
a citizen? Thank you.

**From: Kernes, Yolie\
Sent: Monday, June 30, 2008 1:21 PM\
To: \'FAFSA.Comments@ed.gov\'\
Subject: Question**

I have a request. For the next FAFSA, please consider adding a line item
to address 'Taxable Income'. My rationale for requesting this
information is that many federal programs, specifically TRiO programs,
require 'taxable income' verification for their federal mandates. We're
both federal programs, it would be logical to collect the mandated
information on the same form (FAFSA). Please provide feedback on this
request. Thank you.

**From: Abram Bolouvi \[mailto:abolouvi@lagcc.cuny.edu\]**

#### Sent: Tuesday, September 16, 2008 10:38 AM

**To: FAFSA Comments**

**Subject: Comments about Your FAFSA**

Can you be more clear in the comments when student is selected for
verification or has a problem with Social Security Administration or
even Selective Service and other? When student is selected for
verification or has any edit preventing disbursement, they should be
told to contact their school financial aid office and collect financial
documents (signed federal taxes); missing documents to be submitted. CPS
Customer Service has the habit of telling students that their FAFSA has
been processed and often fails to explain to them what they must do if
selected for verification. The comment on the SAR is not even clear
enough to give student a clue to contact the school. Student believes
that once CPS says \"application is processed\" there is nothing else to
do. Thanks.

From: Pam Palermo \[mailto:Pam.Palermo@ewc.wy.edu\]\
Sent: Tuesday, September 23, 2008 1:05 PM\
To: FAFSA Comments\
Cc: Terri Hauf; FAFSAComments@nasfaa.org\
Subject: 2009-2010 FAFSA comments

We think there should be additional/continual clarification before each
sub-section of section 4 (Answer all the questions in Step Four about
your parents even if you do not live with them. Grandparents, foster
parents, legal guardians, aunts and uncles are not considered parents on
this form unless they have legally adopted you. If your parents are
living and married to each other, answer the questions about them. If
your parent is single, widowed, divorced, separated or remarried,...)
put this before #86, #91, #94, #95...or do a Remember -- parents are
considered to be....

From: Lauren Asher \[mailto:LAsher@ticas.org\]\
Sent: Tuesday, September 23, 2008 3:21 PM\
To: FAFSA Comments\
Cc: Brown, Michele\
Subject: The Institute for College Access and Success 2009-10 FAFSA
public comments submitted 9_23_08

[Page 1]{.underline}: Cover Page. Using Your Tax Return. The sentence,
"If you have not yet filed your return, you can still submit your FAFSA,
but you must provide income and tax information," is confusing as
currently written. We suggest instead: "If you have not yet filed your
return*, submit your FAFSA with estimated income and tax information*."

[Filling Out the FAFSA]{.underline}. We recommend two changes to help
applicants understand what kinds of "unusual circumstances" are relevant
and how to address them: 1) Reword the phrase that begins with "If you
or your family has unusual circumstances...," to say: "If you or your
family has unusual circumstances *that have caused significant changes
to your financial situation* *since filing your taxes* (such as loss of
employment), complete this form to the extent you can, then submit it as
instructed and consult with the financial aid office at the *college(s)
where you are applying or attend*." 2) Move the reworded sentence above
so that it becomes the second paragraph of the "Using Your Tax Return"
section, since it pertains to using your tax return to fill out the
FAFSA.

# Page 4: What is the FAFSA?

We suggest making this the second page in the packet so that students
have an opportunity to learn more about the FAFSA before they see the
Notes pages, where there is a lot of very specific information that
could overwhelm and discourage potential applicants from continuing.
Also, the information in italics at the bottom of the page is too
valuable to be treated like a footnote that may be easily overlooked. We
suggest making it part of the above section "Where can I get more
information on student aid?"

# Page 7: FAFSA personal information form

The text in the Step Two section on page 7 is very small and difficult
to read. In the Step Three section, the font size is improved, but the
lack of space between lines makes it even more difficult to read. If
both the font size and space between lines cannot be improved, we
recommend adding more space between each question in Step Three. Our
suggestions below for questions 58-60 should help make more space
available on the page.

[Other General Comments *(italics in this section are for
emphasis)*]{.underline}

As specified in 44 U.S.C. § 3501, the first two purposes of the
Paperwork Reduction Act are as follows: "(1) minimize the paperwork
burden for individuals, small businesses, educational and nonprofit
institutions, Federal contractors, State, local and tribal governments,
and other persons resulting from the collection of information by or for
the Federal Government; (2) ensure the greatest possible public benefit
from and maximize the utility of information created, collected,
maintained, used, shared and disseminated by or for the Federal
Government\[.\]" In addition, the request for public comments on this
draft FAFSA published in the *Federal Register* states that the
Secretary is interested in comments that address "how might the
Department enhance the quality, utility, and clarity of the information
to be collected," and "how might the Department minimize the burden of
this collection on the respondents, including through the use of
information technology."

We urge you to use information technology to minimize the paperwork
burden for financial aid applicants, maximize the public benefit and
utility of financial information collected by the federal government,
and improve the quality of the information collected by the FAFSA in the
following four ways.

[1) Prepopulate the FAFSA with IRS data.]{.underline} The FAFSA
currently asks applicants to provide a significant amount of income and
tax information that the applicants have already provided to the
Internal Revenue Service (IRS). Instead, the Department should -- with
the applicants' consent -- prepopulate those questions with information
transferred directly from the IRS. Using this approach, applicants would
be spared many of the most difficult, important, and error-prone
questions on the FAFSA, resulting in a much shorter and simpler form.
And the Department, states, and colleges would still get all the
information they need to determine aid eligibility, without having to
verify that applicants accurately identified and transcribed the
information from various lines on their tax forms. We have identified at
least 24 questions on the draft FAFSA that could be prepopulated with
data from the IRS as authorized in section 485(q)(1) of the Higher
Education Opportunity Act of 2008, which reauthorizes the Higher
Education Act (HEA). The statute states (italics are for emphasis):

> SEC. 485. STUDENT ELIGIBILITY.
>
> \(q\) Use of Income Data-
>
> \(1\) MATCHING WITH IRS- The Secretary, in cooperation with the
> Secretary of the Treasury, is *authorized to obtain from the Internal
> Revenue Service* such *information reported on Federal income tax
> returns* by applicants, or by any other person whose financial
> information is required to be provided on the Federal student
> financial aid application, as the Secretary determines is necessary
> for the purpose of\--
>
> \(A\) *prepopulating the Federal student financial aid application
> described in section 483*; or
>
> \(B\) verifying the information reported on such student financial aid
> applications.
>
> \(2\) CONSENT- The Secretary may require that applicants for financial
> assistance under this title provide a consent to the disclosure of the
> data described in paragraph (1) as a condition of the student
> receiving assistance under this title. The parents of an applicant, in
> the case of a dependent student, or the spouse of an applicant, in the
> case of an applicant who is married but files separately, may also be
> required to provide consent as a condition of the student receiving
> assistance under this title.

The questions that request specific information from applicants' tax
forms include:

> \- Step Two: Questions 36-40, Question 46a and e, Question 47a, b, d,
> e, and f; and
>
> \- Step Four: Questions 86-90, Question 94a and e, Question 94a, b, d,
> e, and f.

Eliminating the need for students and parents to enter the answers to
these questions will also help fulfill the charge in section
483(a)(4)(B)(i) of the reauthorized HEA, which states:

> \(B\) REDUCTION OF DATA ELEMENTS-
>
> \(i\) REDUCTION ENCOURAGED- Of the number of data elements on the
> FAFSA used for the 2009-2010 award year, the Secretary, in cooperation
> with representatives of agencies and organizations involved in student
> financial assistance and consistent with efforts under subsection (c),
> shall continue to reduce the number of such *data elements required to
> be entered by all applicants*, with the goal of reducing such number
> by 50 percent.

While we realize that making these changes prior to implementing the
2009-2010 FAFSA may not be feasible, we urge the Department to quickly
begin taking the steps necessary to simplify the FAFSA form and process
in this way. We also hope these suggestions will help inform the
Department's planning for the report due to Congress by November 13,
2008, per section 483(f)(2) of the reauthorized HEA:

> \(f\) Reduction of Income and Asset Information to Determine
> Eligibility for Student Financial Aid-
>
> 2\) REPORT ON FAFSA SIMPLIFICATION EFFORTS TO DATE- *Not later than 90
> days after the date of enactment of the Higher Education Opportunity
> Act*, the Secretary shall provide a written report to the authorizing
> committees on the work the Department has done with the Secretary of
> the Treasury regarding\--
>
> ......
>
> \(D\) how the Internal Revenue Service can provide to the Secretary of
> Education income and other data needed to compute an expected family
> contribution for taxpayers and dependents of taxpayers, and when in
> the application cycle the data can be made available;

\(E\) whether data provided by the Internal Revenue Service can be used
to\--

> \(i\) *prepopulate* the electronic version of the FAFSA with student
> and parent taxpayer data; or
>
> \(ii\) generate an expected family contribution *without additional
> action on the part of the student and taxpayer*......

[2) Make it easier to find the printable version of the
FAFSA]{.underline}**.** We have found that it takes a minimum of *nine
steps* to find the printable FAFSA from the
[www.fafsa.ed.gov](http://www.fafsa.ed.gov/) home page, and it could
take many more steps if the student does not already know the correct
links to follow and has to search around the site. While we believe that
filing the FAFSA online should be encouraged, those who are not able to
do so should have easy access to the printable version. Therefore, we
strongly recommend that the Department provide a link to the printable
version of the FAFSA on the same webpage that provides the direct link
to the online version.

[3) Help connect students to state grant aid.]{.underline} All states
that cooperate in simplifying the application process should be allowed
to provide a direct link to their state grant program information
through the online FAFSA form. Skip logic could provide the appropriate
link for each applicant. In addition, the Department should provide a
complete list of these links in a prominent place on the FAFSA website.

[4) Use an intuitive URL]{.underline}**.** We strongly recommend that
the Department acquire and begin using "www.fafsa.gov" so that students
can find the FAFSA site more easily. Thank you for the opportunity to
comment on the draft 2009-2010 FAFSA.

From: janneyk@aol.com \[mailto:janneyk@aol.com\]\
Sent: Saturday, September 27, 2008 8:54 AM\
To: FAFSA Comments\
Subject: how to make the FAFSA easier

Could you guys not have so many things to process..it took me a while to
send my forms plus the SAT scores..i think that the school should do it
for us because they already have the information..and the 60\$ is ok,
but we shouldnt have to pay given the fact that college is beyond that
amount.!!!

From: g \[mailto:arlo001@centurytel.net\]\
Sent: Saturday, September 27, 2008 3:52 PM\
To: FAFSA Comments\
Subject: Simplification

My request is in reference to the actual Loan processes.  I took out
Student loans both subsidized and unsubsidized as well as got inticed
into choosing the Parent Plus subsidized and unsubsidized loans.  I have
two children.  On one child alone, once he completed his schooling he &
I are responsible to pay four seperate payments each month on his
student loans.  Due to the complexity of these loans, they cannot all be
consolidated into one easy payment plan.  Also, to make it even more of
a burden, the Parent Plus loans started coming in before he even
finished schooling because they say that the parent is already working
so they can pay instantly.  As his Parent, my arguement is that I
receive no benifit of his education toward my income \"instantly\" so
why do they think I would be in any position to pay instantly?  I had to
put all his loans into Forbearance due to my lack of income to pay. 
This is no fix as they still accrue interest during this period so
really I\'m adding on to the worries I already have about future
affordability.  My annual income is less than \$30,000.  I wanted to get
my sons into school so they have opportunities beyond what I have and
can provide.  The child who just finished school makes less than \$500
every two weeks at the job he got through his fine education.  This is
barely enough to pay his living expenses.  His loans total close to
\$35,000.  His monthly payments will eat up two weeks worth of his
wages.  As I said, I don\'t make any extra income due to his newly
aquired education.  So what kinds of answers can this government funding
help me find?  He was uneligable for grants because of his chosen
field\....Auto mechanics.  Funny thing is that when will this country
not be in need of well trained auto mechanics, especially considering
the diversity of the upcoming fuel changes?  Why are the only government
grants given to the \"Arts\" & \"Science\" majors?  We\'ve got some work
to do, here.  Please HELP!

**From: g \[mailto:arlo001@centurytel.net\]\
Sent: Saturday, September 27, 2008 3:52 PM\
To: FAFSA Comments\
Subject: Simplification**

One other thing.  In order for my son to get any decent job in his
chosen field he also needs to purchase nearly \$10,000 worth of tools
and take additional Brand name specified trainings starting at \$5000
which would need to be in his \"non-work\" hours so he wouldn\'t even be
making money while obtaining these specialized additions.  He does not
have the tools he needs and is looking at totally dropping out of the
automobile mechanics employment because it just isn\'t feasable.  He
will be picking an entry level occupation and suplimental job just to
pay off loans he isn\'t even getting the benifits from.  This is an area
the government can and should consider working on.  Starting with
Dealerships who pay thier untrained entry level Dealer  and office staff
more than the guys who make it possible to drive those cars off the
lot.  My son is on commissions which pay him only while he is logged
into a car.  Some days that means he actually pays to go to work.  They
require that he does the Used car 150 point inspections and the New car
50 point inspections without pay.  I think that is pretty unethical. 
They tell him it is because they don\'t get paid to do those
inspections, although those inspections are what they use to market the
selling of the cars through their dealership.  He cares that the
customers who bring their cars to him to be serviced can feel safe after
he releases them back but if he does anything beyond the
exact specifications he gets no pay for it.  And if it takes him longer
to do a job than the \"alloted\" time, which in some cases couldn\'t be
achieve in a NASCAR pit stop, he gets no pay beyond the time they\'ve
alloted.  This sets mechanics up to send unsafe cars out on
our government funded highways.  Please work on this!  We need answers
to the energy crunches and we should start with these students.  NOW! 
Not later.  Thank you for your attention.

**From: Pamela Wright \[mailto:pwright@email.smith.edu\]**

**Sent: Saturday, September 27, 2008 4:29 PM**

**To: FAFSA Comments**

#### Subject: FAFSA Redesign Input

Input: Suggestion 1. The Already Suggested Pre-population of IRS Data
into the FAFSA

Without having done any research, on the surface, pre-populating IRS
data into the FAFSA seems like an excellent idea. I see the benefits as
follows: A) This would help prevent confusion with people who are not
familiar with tax or financial terminology, be they minorities or not.
B) This would help allow for faster completion and submission. Many
people are not good at record-keeping, are disorganized, or are
divorced/separated. In such cases, records may not be handy for use in
completing the FAFSA, delaying the submission. C) This would eliminate
the human error that comes with copying figures from other records to
the FAFSA. The reduced errors translate into more expedient processing
of aid applications. And because financial aid officers would be saved
time from correcting errors, they will have more time to help other
students. 2. Accommodate Foreign Addresses!!! The FAFSA does not allow
for foreign addresses. Well, it does in that students must include their
city AND country in the city field. That is a poor workaround, and one
that causes processing problems down the road. Our application will
either not extract that loan for a file to be transmitted to the DOE (I
work at a Direct Lending school), or, if it was transmitted for
origination approval, it will reject. Not all students that are eligible
for federal loan aid have a home address in the USA. It just seems
U.S.-centric and a bit outdated to not have address fields that are
outside of the U.S. Thank you for your consideration.

From: Brandee Chan \[mailto:bchan3@cox.net\]\
Sent: Sunday, September 28, 2008 2:10 AM\
To: FAFSA Comments\
Subject: Simplification of FAFSA forms

Simplifying this process is of great value to American students and
their families.  The ability to file the FAFSA and access low cost
educational financing is vital to our students, making this process
difficult invites private competitors to entice students into less
desirable loans - another long term financial disaster in the making.

**From: Patrice.Brooks@rich.frb.org
\[mailto:Patrice.Brooks@rich.frb.org\]\
Sent: Monday, September 29, 2008 8:09 AM\
To: FAFSA Comments\
Subject: suggestions for FAFSA improvement**

I submitted a FAFSA for the first time in January of this year. I was
able to submit the form with no problem. However, it was very
time-consuming and, for me, most of the questions did not apply, so I
entered either blanks, NA, or 0. For people like me, who submit a 1040A
short form to the IRS each year, I suggest you also provide a short
FAFSA form. Or, better yet, somehow link the 2 forms. Most of the
information I provided on the FAFSA was also available on the 1040A. I
submitted my 1040A before i did the FAFSA, so the electronic FAFSA could
reach over to the electronic 1040A and copy any needed information.

From: Wilson2 Brian \[mailto:bwilson2@santarosa.edu\]\
Sent: Monday, September 29, 2008 12:11 PM\
To: FAFSA Comments\
Subject: 2009-2010 FAFSA

I like that the Worksheet questions have been integrated into the form.
What I don't like is the bouncing back and forth across the page to
answer questions in numerical order. Some of the questions are confusing
and will require translation from a financial aid professional.  Good
reason to select all paper FAFSA applicants for mandatory verification,
I think. Also, why isn't consent to authorize IRS matching integrated
into the signature statement?  This would allow pre-population of this
vital and confusing information to the FAFSA-on-the-Web webpage. I look
forward to your next draft. Thanks much.

**From: terry white \[mailto:tjackw@hotmail.com\]\
Sent: Monday, September 29, 2008 2:23 PM\
To: FAFSA Comments\
Subject: making higher education attainable**

Making forms easier is great, it doesn\'t make obtaining education any
easier. With the state of the economy, the cost of health care,
medications, gasoline and food many families are not even \'getting\'
by.  If I had to do things over again-I would think twice about going
back to school.  As a single parent of a special needs child, on welfare
I thought I needed the education not only to support us but to learn how
to manage my child\'s disorder better.  Now, I have medical problems and
I am unable to use my medications as my physician orders, I can\'t seek
the medical services I really need in part because my wages are being
garnished to repay my student loan.  My loan has tripled in size from
11,000 to 33,000 and the payments I made early on really did not make a
difference. I work to maintain my health insurance but am unable to
afford my meds, dental care etc. I may be eligible for disability but
I\'m not ready for that. The Department of Education does not care if I
receive medical care or not, they do not appreciate the fact that I am
very frugal.  My niece is thinking about going to college in a couple of
years, I\'m sorry to say I don\'t have any good advice I can give her.
Signed, doing without in WV

From: Tim Jacobson \[mailto:TJacobson@globeuniversity.edu\]\
Sent: Tuesday, September 30, 2008 2:29 PM\
To: FAFSA Comments\
Subject: 09-10 FAFSA

#### And

**From: Lisa Roesch \[mailto:lroesch@msbcollege.edu\]\
Sent: Tuesday, September 30, 2008 3:03 PM\
To: FAFSA Comments\
Subject: FAFSA Response**

**And**

**From: Kristina Hutchins
\[mailto:kristinahutchins@globeuniversity.edu\]\
Sent: Wednesday, October 01, 2008 5:58 PM\
To: FAFSA Comments\
Subject: FAFSA**

FAFSA Response. In reviewing the 2009-2010 FAFSA our major concern
centers in regards to the length and the amount of additional questions
that have been added for the coming year.  The addition of the specific
questions from the Worksheets A-C is a step in the right direction as it
makes the process of completing the application more streamlined for
students since they no longer need to refer to information that is not
on the application.  The concern for these sections and for the
questions that determine s student's dependency status is the sheer
number of questions contained in these sections.  Over the last few
years there has been a great deal of discussion about making the FAFSA
simpler for students and parents to complete. These sections defeat this
effort in two regards:  First the number of questions that are being
asked will discourage students from completing the application just due
to the shear length of the application.  Secondly the questions
especially the ones dealing with dependency status are both repetitive
and confusing.  With the new application, 13 questions are needed to
determine dependency status and of those thirteen 2 ask about military
service, 2 ask about the student's dependents, 3 ask about the student's
parents or guardian, and 3 ask whether the student is homeless.  It is
understandable that the purpose of these questions is to clarify the
student's situation, but wouldn't that be better accomplished by an FA
administrator which they may have to do even with the purposed
questions.

From: Pamela Miller \[mailto:pmiller@msbcollege.edu\]\
Sent: Tuesday, September 30, 2008 3:41 PM\
To: FAFSA Comments\
Subject: Commentary on changes to the FAFSA for 2009-2010

Looking at a semantic view, most students would already state that the
form is overwhelming.  Adding more questions or breaking the questions
down may make it worse. Thank you.

From: Lisa Hedman \[mailto:aepalisades@att.net\]\
Sent: Thursday, October 02, 2008 2:32 PM\
To: FAFSA Comments\
Cc: Lisa Hedman Home\
Subject: resent FAFSA 2009/2010

I think the following changes need to be considered THIS YEAR for the
2009-10 FAFSA.  Investment Property owner/Managers work every bit as
hard keeping their \"small business\" afloat, and deserve the same
consideration as small business owners whose assets do not count against
them for financial aid.
[[http://ifap.ed.gov/fafsa/0801SummaryChanges0910FAFSA.html]{.underline}](http://ifap.ed.gov/fafsa/0801SummaryChanges0910FAFSA.html)
I would like to suggest that rental property/ or investment property not
be considered the same as owning a CD, savings acount or money market
account.  Investment property is not liquid.  IF investment property is
the family\'s business it should be treated the same as a family
business, with the assets not counting against the family just as a
family\'s business assets are not counted in their asset base.  They
can\'t sell their business to pay for college(or no one wil eat),
anymore than I can sell my rental properties to pay for college or my
family will not eat.  I only have a small business, with a few
employees- way less than 100 employees, and it should count as a small
business not as if I had a pile of cash sitting in a money market
account. This property provides our sole income which isn\'t much,but if
I have to sell, I will not have enough income to live off of, let alone
send a child to college.

**From: Southberwick@aol.com \[mailto:Southberwick@aol.com\]\
Sent: Friday, October 03, 2008 8:14 PM\
To: FAFSA Comments\
Subject: I like the changes re: Social Security**

Dear SIr and/or Madam: I have been having an exceptionally difficult
time trying to pay for my daughter\'s educations while living on a fixed
income. I am receiving social security disability.  I believe it is fair
to not have to have the non-taxed portion count. If one has other income
that would change his or her ability to afford the education (as
evidenced by it being taxed), then it appears it would be reportable and
therefore included. I think that this is a very fair resolution to the
Social Security dilemma. Thank you.

**From: Kantrowitz, Mark \[mailto:mkant@fastweb.com\]**

#### Sent: Friday, October 03, 2008 4:42 PM

**To: FAFSA Comments**

**Cc: Kantrowitz, Mark**

**Subject: Comments on 8/7/08 Draft of the 2009-2010 FAFSA**

My comments on the 8/7/08 draft of the 2009-2010 Free Application for
Federal Student Aid (FAFSA) appear below. My goal is to make it easier
for students to pay for college. In the

case of the FAFSA, this involves making the form more efficient, less

confusing and less intimidating. The 2009-2010 FAFSA appears to reflect
a philosophical shift toward making the form more self-contained. In
particular, the worksheets, multiple choice answers to some questions
and some instructions are now embedded in the form itself. While this
may make the form less confusing for some families, it does increase the
length of the form from five pages (including the worksheets) in
2008-2009 to six pages in 2009-2010. This seems to be in conflict with
the goal of simplifying the FAFSA. I agree with most of the comments
submitted by Lauren Asher of The Institute for College Access and
Success (TICAS) on September 23, 2008 and will not repeat them here
except where necessary to amplify those comments.

Page 1: The title of the form, \"Free Application for Federal Student
Aid\", is bigger than on the 2008-2009 FAFSA. This is an improvement.
Perhaps the title could be made even bigger? I suggest adding more
emphasis to the word \"Free\", perhaps by adding a half-point rule
underscore under the word \"Free\". The fine print \"US Department of
Education, Federal Student

Aid\" under the FAFSA logo is unreadable 4 point type. I suggest
eliminating it to make the \"FAFSA\" bigger. Also remove the dots arrow
from the left side of the \"FAFSA\", as it is not necessary. The dots
already appear in two other places on the page. Unusual circumstances
include any financial circumstances that differentiate the family from
other families in addition

any changes in the family\'s financial circumstances since the prior tax
year. The TICAS recommendation addresses only half of this. Both aspects
should be addressed. I suggest giving more examples of special
circumstances, such as all of the statutory examples, including 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 or independent student, change in
housing status due to homelessness, 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 487, or other changes in a family\'s income, a
family\'s assets, or a student\'s status. There is a lot of redundancy
in the contact information listed on this page. For example,
www.fafsa.ed.gov is mentioned three times, www.federalstudentaid.ed.gov
once,1-800-4-FED-AID once, 1-800-433-3243, twice. Perhaps the page could
be redesigned to mention all of the contact information just once, but
in bigger type and in a single location, and still save space by
eliminating the redundancy. The documentation and form reference two
similar addresses, www.studentaid.ed.gov and
www.federalstudentaid.ed.gov. For example, the notes about the TEACH
Grant on page 2 reference www.studentaid.ed.gov and page 1 references
www.federalstudentaid.ed.gov. Page 4 lists both URLs in the answer to
\"Where can I get more information on student aid\". The
federalstudentaid.ed.gov address links to the studentaid.ed.gov address,
and also to announcements, the Federal Aid First campaign. I suggest
using only one of these two generic addresses throughout the FAFSA to
minimize confusion. In addition, the TEACH Grant reference is not direct
to the information about the TEACH Grant, which will

force families to search for the information, adding to their
frustration. It would be better to give a more direct URL. Since the
more direct URLs are long, it would be better to provide a short
abbreviated URL that redirects to the longer URL. For example, use
www.studentaid.ed.gov/teachgrant. You already do something similar with
the URL www.studentaid.ed.gov/completefafsa. Or use www.teachgrant.gov
or www.teachgrant.ed.gov. Streamline the list of state aid deadlines by
using numeric dates, such as 4/15/09 instead of April 15, 2009. If you
do this and find a more compact way of indicating \"date received\" or
\"date postmarked\" (after all, you already have footnotes for some of
these designations), it might be

possible to display the deadlines in two columns in half the space. For
example, use R to designate \"date received\" and P to designate \"date
postmarked\". The US Department of Education should try to influence the
states to agree on a single common application date, such as March 15.
Current common deadline clusters include:

February 15 (1)

March 1 (10, including March 2)

March 15 (4, including March 10)

April 1 (3, including March 31)

April 15 (3)

May 1 (5)

May 15 (1)

June 30 (2)

July 1 (5)

Even if the list were narrowed to three dates, that would simplify the
list of state deadlines significantly, allowing it to fit in a much
smaller space.

[Page 3]{.underline}: I agree with TICAS that clarity and simplicity
outweigh the desire to track each individual trigger of independent
student status. Except when there is a compelling reason to have a
separate question (e.g., a question is prone to error), related status
questions should be merged.

[Page 4]{.underline}: I agree with TICAS\'s advice to move the \"What is
the FAFSA\" page to page 2. I would further suggest moving the two notes
pages to the end, so that the form itself is the middle six pages,
making it easier to separate the form from the instructions. The
paragraphs in the right side column are indented one em while the ones
on the left side are not. I suggest eliminating the paragraph indent for
consistency and to save space.

[Page 7]{.underline}: Including Worksheets B and C as part of the FAFSA
is ok, but unbundling the student and parent questions adds an extra
half page to the FAFSA. Note that eliminating worksheet A eliminates a
tool that many colleges previously used to identify at-risk students. It
would be helpful to publicize statistics on the correlation between
Worksheet A answers and remaining questions on the form, such as income.
This might help schools adopt proxies for identifying at-risk students.
Why are you using this particular order for the dependency questions?
The order seems arbitrary. I suggest an order based on the frequency of
Yes answers, but with related questions (e.g., the children and
dependent other than a spouse questions) floating together.

[Page 10]{.underline}: Bolding the authority to verify is good. I
suggest also bolding the first and last sentence in that paragraph. I
agree with TICAS\'s recommendation to prepopulate the FAFSA with IRS
data, which will necessitate using prior-prior-year (PPY) data. In
addition, I recommend that the US Department of Education evaluate and
implement a drastic simplification of the need analysis formula.
Specifically, I recommend replacing the formula with EFC = 15% (AGI -
150% Poverty Line) / Number Children in College This is similar to the
formula used in the income-based repayment formula to cap monthly loan
payments. If the formula is good enough to evaluate ability to pay after
the student graduates, it should be good enough to evaluate ability to
pay while the student is in school. This is a much more transparent and
easy to understand formula. In addition, almost all of the information
needed to calculate the EFC is available to the IRS, allowing the FAFSA
to fit on a postcard. (Number of children in college could be inferred
by counting the number of different applications listing the same parent
social security numbers.)

**From: David Roberts \[mailto:workershelper@yahoo.com\]\
Sent: Monday, October 06, 2008 1:15 PM\
To: Oesby, Mattie\
Subject: FAFSA Technical Issue**

Dear Sir/Madam. I am a financial aid professional and attorney with a
client who is a parent of a dependent who receives private disability
from a private insurance company for which he paid premiums in after-tax
dollars. Although the FAFSA \'08-\'09 in Worksheet B directs the parent
to list \"Other untaxed income not reported elsewhere\...\", and gives
several examples including \"disability\", I would respectfully point
out that the federal statute and regulations do not mention
\"disability\" under \"other untaxed income\". To the contrary, the
regulation seems to exclude \"private disability\" for the reasons that
follow: 1.  20 U.S.C. Sec. 1087vv (b) provides the only definition for
*\"untaxed income and benefits\"* relating to the financial aid program.
The term *\"disability\"* is not used anywhere within this statute, and
it does not appear in any of the 13 specific categories listed under
Sec. 1087vv(b)(1)-(13). Although there is a catch-all provision at sec
1087vv (b)(14), this would appear not to include private disability
benefits either:\
*\"(14) any other untaxed income and benefits, such as Black Lung
Benefits, Refugee Assistance, railroad retirement benefits, or benefits
received through participation in employment and training activities
under title I of the Workforce Investment Act of 1998 \[29 U.S.C. 2801
et seq.\].\"\
*2. As further support, the federal regulation, specifically 34 CFR Sec
668.56(a)(5)(vii), makes it clear that the phrase *\"untaxed income\"*
includes only that *\"subject to U.S. income tax reporting
requirements\"*.  Since the parent is receiving private disability paid
for with after-tax dollars, the IRS has advised me that this is
non-taxable and does not need to be reported per 26 U.S.C. Sec. 104 (a)
(3).\
3. There appears to be a specific legislative intent by Congress to
exclude from *\"untaxed income and benefits\"* any category of benefit
not specifically mentioned or included in 20 U.S.C. Sec. 1087vv (b) as
evidenced by the numerous amendments made to this section, including the
most recent amendment made in Public Law 110-315 on August 14, 2008.\
4. Apart from the FAFSA form and worksheets which mention
*\"disability\"*, other sections of the ed.gov website and publications
offered therein seem to be inconsistent by NOT including ther word
*\"disability\"* under *\"untaxed income\"*. For example, lesson 7-01 of
the FSA Coach does not included *\"disability\"* under the definition of
*\"untaxed income\"*. I would respectfully request written guidance from
the appropriate individual with reference to the above concern at your
earliest convenience.

From: Shelley Draper \[mailto:sdraper@careerpointcollege.edu\]\
Sent: Wednesday, October 08, 2008 5:31 PM\
To: FAFSA Comments\
Subject: Comments

I feel that this is one of the best FAFSA\'s that I have seen in a
while.

From: Susan Kronmiller \[mailto:SKronmiller@msccollege.edu\]\
Sent: Thursday, October 09, 2008 12:33 PM\
To: FAFSA Comments\
Subject: 2009-2010 fafsa comments

I find the dependency questions on page 7, repetitive and confusing.  
Educating the Financial Aid Administration staff to accomplish this goal
would be easier than having all these confusing questions for the
student to answer. I like the fact that Worksheets A, B, and C are
incorporated in the main FAFSA,  these questions were often times missed
or deliberately left blank.

**Drew Scheberle \[ Via USPS to Secretary Spellings\]**

**Sr. Vice President, Education and Talent Development**

**Austin Chamber of Commerce**

The Austin Chamber has three goals for the recommendations we make for
the 2009-2010 proposed electronic FAFSA form: Remove as many duplicative
questions as possible and provide clarity to questions as neeeded. We
recommend 9 for removal and 2 for inclusion however your plans to cut
questions dramatically have much merit; Harness electronic capabilities
to ease user experience; and Connect FAFSA and individual financial data
in the IRS to increase accuracy and simplify.

The Chamber supports your efforts in FAFSA simplification and is
prepared to give appropriate assistance; please do not hesitate to
contact me.

**From: JoAnn Litton \[mailto:littonj@gvsu.edu\]**

#### Sent: Friday, October 10, 2008 2:44 PM

**To: FAFSA Comments**

**Subject: 09-10 FAFSA**

I would like to express a concern regarding the use of an Emancipation
judgement to determine a student to be independent for federal financial
aid. As I reviewed individual state laws on emancipation I quickly
learned that what is true in one state is NOT true in another state.
Some states will not even allow a minor under sixteen to seen an order
of emancipation - but some will. One of the tenets of federal financial
aid rules to determine dependency status has always been something that
is true regardless of which state you resident in - you are or aren\'t
born by the given date; you are or aren\'t married; you are or aren\'t a
veteran. Now with the introduction of emancipation I believe that we
will be treating students differently based on their state of residence
with the emancipation issue. I believe it would be much better to allow
an individual financial aid office to use their professional judgement
to determine this - an emancipation could be just one of many facts
supporting a student\'s request. Please feel free to contact me if you
have any questions on my comments.

From: Sheri Thomas \[mailto:skthomas@mtu.edu\]\
Sent: Friday, October 10, 2008 3:24 PM\
To: FAFSA Comments\
Subject: 2009-2010 FAFSA Comments

Comments on the 2009-2010 FAFSA. [Instruction Format
Change.]{.underline} The new format that incorporates notes prior to key
questions (e.g. Q 16) is a constructive change and should be applied
wherever possible. [FAFSA Page 2---Notes for questions 35 (page 6) and
84 (page 8)]{.underline}. There is a high incidence of error on this
question. The current note text is repetitive and confusing. Suggested
text: A person is not eligible to file a 1040A or 1040EZ if he or she
makes \$100,000 or more, itemizes deductions, receives income from a
business or farm, is self-employed, received alimony, was required to
file Schedule D or E, or had expenses/deductions that could only be
reported on a 1040.

[FAFSA Questions 37 and 87]{.underline}

Though the instruction is specific to line items on the tax form, FAFSA
filers report taxes withheld or tax paid plus self-employment taxes.
Suggested text: Enter ... income tax (not amount withheld) for 2008.
Income tax amount is on IRS Form 1040... Do not include self-employment
tax.

[FAFSA Questions 44 and 45 and Notes for Question 45 (Page
2)]{.underline}

The reformatting of the questions for veteran's education benefits is
problematic. Though the addition of Question 45 will assist in providing
information we previously had to request, it is important for packaging
purposes to have a monthly value of the benefit. Until verification of
the benefit can be made, an estimate is better than no data. The
instruction "Note that the financial aid administrator at your college
will need you to provide information about the amount of education
benefits you **received"** is perplexing. First, it is presumed that the
sentence should read "you will receive." Secondly, if a student has to
communicate with the Financial Aid Office why can it not be done in a
consistent manner through the FAFSA. Suggested text: Respond to this
question only if you will receive veterans' education benefits from July
1, 2008 through June 30, 2009. Enter the source, monthly amount, and
number of months.

[FAFSA Page 3---Notes for questions 85 (page 8) and 103 (page
10)]{.underline}

Text: Answer "Don't know" to question 85 if you are not sure that your
parent is a dislocated worker. Answer "Don't know" to question 103 if
you are not sure that you or your spouse is a dislocated worker. You can
contact your financial aid office for assistance in answering this
question. There is great potential for schools to provide inconsistent
and incorrect information as it relates to defining a dislocated worker
or displaced homemaker. Question 23 (prior Q31) refers applicants to
FSAIC. ED should establish the same procedure for these inquiries.
Suggested text: If you are unsure how to answer this question, call
1-800-433-3242 for assistance.

[FAFSA Question 56]{.underline}

There are two issues that could alter the interpretation of this
independent status criterion.

For both parents and students, there is a prevalent and ongoing
confusion between IRS tax exemption guidance and the FAFSA process. That
is, if the parent cannot or chooses not to claim the applicant as a tax
exemption it is believed that the student is independent. It is likely,
that this misconception could also be easily applied to emancipation.

In Michigan, emancipation occurs by operation of law or pursuant to a
petition filed by a minor with the family division of circuit court.
Emancipation occurs by operation of law when a person reaches the age of
18 years. There is a concern that a FAFSA filer may not be attentive to
the distinction between emancipated by law or the court.

Suggested Text: As of today, has a court in your state of legal
residence recognized you as an emancipated minor?

[FAFSA Page 3---Notes for questions 58-60 (page 7); FAFSA Question
60]{.underline}

The note does not include a definition of self-supporting.

[FAFSA Question 61/62]{.underline}

It is not uncommon for a FAFSA filer to interpret the question as it
relates to the marital status of the biological parents. In such cases,
the filer whose parent has remarried reports a status of divorced
/separated and completes the remainder of the form excluding the
stepparent's financial data. A variation of this same issue occurs when
the filer reports a status of divorced/separated, reports the
stepparent's earnings but excludes the income from the AGI. The aid
office cannot discern if the reported status is that of the natural
parents or a current marriage. In all cases, the EFC is significantly
distorted.

Suggested Text: What is the marital status of the parents who are
reporting information on this form? What date did this marital status
occur?

[Question 77 and 98]{.underline}

We have found that filers report that they received Supplemental
Security Income when in fact it was social security benefits. An
incorrect response can create a significant variation in eligibility.
Suggested Text: Mark all the programs that apply. Do not mark
Supplemental Security Income for social security benefits.

**From: Shelton, Hilary O. \[mailto:hoshelton@naacpnet.org\]**

**Sent: Friday, October 17, 2008 1:18 PM**

**To: FAFSA Comments**

**Subject: NAACP Comments**

Although Question 23 does intend to encourage students to complete the
FAFSA, we feel strongly that greater clarification is needed by: 1)
Targeting the question only to renewing applicants, as this question is
superfluous for first-time applicants, who are most likely to be
deterred by the complexity of the FAFSA; 2) Re-phrasing the question to
more clearly and strongly encourage applicants who have drug convictions
to submit the FAFSA; 3) Including a Notes section detailing elements of
the penalty as greater information is necessary to help applicants
understand the limitations on aid; and 4) including details about the
penalty and how to resotre eligibility on the Question 23 Worksheet as
additional information to improve applicant understanding of the
question and penalty can only help. Lastly, given the high number of
young adults who currently use the Internet as well, , we hope that all
recommendations discussed with reference to the draft 2009-2010 FAFSA
will be considered and applied to the on-line version of the 2009-2010
FAFSA and the accompanying FAFSA and Web Worksheets, which were not
provided for public comment.

From: Walter Desmond \[mailto:w.desmond@sbcglobal.net\]\
Sent: Sunday, October 19, 2008 2:13 AM\
To: FAFSA Comments\
Subject: Comments on Draft of FAFSA 09-10

Great changes will make FA easier for the neediest and least fortunate.
Two minuscule comments: Page 8, question 85:  Should say \"As of today,
is either of your parents\...\"  NOT \"As of today, ARE either or your
parents\...\" Also Page 4, Paperwork Reduction Act section: The estimate
of one hour  \"for reviewing instruction, searching data resources,
gathering data, filling out form and reviewing it\" is probably not
achievable even for the most accomplished veteran, much less a
first-timer.  THREE HOURS maybe. Excellent revisions, and concern about
kids behind the revisions. Thanks

**From: Brooke Koenig \[mailto:BKoenig@UFP.UCCS.EDU\]\
Sent: Monday, October 20, 2008 5:01 PM\
To: FAFSA Comments\
Subject: FAFSA Comments from UCCS**

Feedback on the 2009-2010 Draft of the FAFSA from the University of
Colorado at Colorado Springs Financial Aid and Student Employment
Office:

We would like the enrollment status for each semester (summer, fall and
spring) to make a comeback.  We used that information to package off of
and now find that we have to make a large number of budget duration
changes and that affects how much of the efc is assessed; The "don't
know" answer for "Able to file a short form?" question that the students
guess at and then it effects the formula that they are calculated under
should be changed to yes or no only; Regardless of methodology used all
students and parents should have to report assets.  Too often we are
finding that we are changing the answer to the question and assets were
not reported and then we cannot send the correction and get a corrected
efc; As for the new dependency questions: Question 56, *as of today are
you an emancipated minor as determined by a court in your state of legal
residence?*  We would like "minor" clarified.  We do not want families
to think they can emancipate their 19 and 20 year olds in an effort to
be independent for FAFSA reasons.  We are assuming minor refers to under
18 years of age but would like that clarified to avoid confusion for
students who are emancipated after the age of 18. Questions 58, 59, and
60 -- Please condense into one question.  In the notes, the same notes
cover all three of these.  There are such slight variations to the same
concept and the dependency questions are already a lengthy.

**From: Monica Alvarado \[mailto:moalvarado5@yahoo.com\]**

**Sent: Monday, October 20, 2008 10:40 PM**

#### To: FAFSA Comments

**Subject: Draft FAFSA 2009/2010**

I don\'t know if it\'s possible, but I would love to have the
information needed for verification  pre-printed on the verification
form or format for our students after their FAFSA is processed. I figure
that it is possible being that after they process their income tax
return a pre-filled form is provided to them with the information needed
for the FAFSA. This should also be available for verification. Our
students get stuck in this process and is often the gatekeeper. We
process the FAFSA, but they don\'t follow through the verification. a
note should be added to the form that if changes are necessary, they
must update information on the verification form.

**From: Monica Alvarado \[mailto:moalvarado5@yahoo.com\]**

**Sent: Monday, October 20, 2008 10:45 PM**

**To: FAFSA Comments**

**Subject: Draft FAFSA 2009/2010**

I forgot to mention that we should add questions on waivers and it
should only be triggered by state when they enter the state on the
FAFSA.  This could be a checklist to ensure students don\'t miss out on
the aid.At least it should take them to the link like
collegefortexans.com.

**From: Monica Alvarado \[mailto:moalvarado5@yahoo.com\]**

**Sent: Monday, October 20, 2008 10:49 PM**

**To: FAFSA Comments**

#### Subject: FAFSA

I work and assist students process their FAFSA at the high school level
and would like to know how I can receive drafts when they become
available.

**From: GURROLA, RAYMOND \[mailto:rgurrola1@cnm.edu\]\
Sent: Thursday, October 23, 2008 3:08 PM\
To: FAFSA Comments\
Subject: 2009-2010 FAFSA**

Could the electronic FAFSA be "restructured" to not allow students to
continue if they don't answer the bachelor degree question online? Or,
if they submit a paper FAFSA that a corresponding ISIR comment be
created to "flag" this?  We've noticed files without that question
answered and no relating comments on the ISIR.  We thought that such an
important question not answered would have a comment code in the ISIR as
to prevent the student from being eligible for Pell but in fact the
comments are indicating to the student that they may be eligible for
Pell.\--?? Thank you.

**From: GURROLA, RAYMOND \[mailto:rgurrola1@cnm.edu\]\
Sent: Thursday, October 23, 2008 5:46 PM\
To: FAFSA Comments\
Cc: ODENWALD, ARLENE\
Subject: 2009-2010 FAFSA Comments**

1\) Why does question 55 have an age limitation of 13?  Someone whose
parents died when they were 9 would have to answer "No" which doesn't
seem right.

2\) Question 27 should have an accompanied question (a question 28) that
asks if the student will have a bachelor's degree before June 29^th^ to
at least create a comment code to enter in the ISIR so that schools can
easily catch those students who graduate in... let's say December and
then transfer to another school that may not require transcripts such as
community college or technical schools.  Otherwise how would a school
know not to pay a student Pell in this situation?  Thanks.

**From: Hunter-Williams, Jill
\[mailto:Jill.Hunter-Williams@mail.house.gov\]\
Sent: Friday, October 24, 2008 3:38 PM\
To: FAFSA Comments; Tisher, Stephan; Radocchia, Julie; Brunner, Ilana;
Green, Rashage; Sajery, Algene; DeHart, Bridgette; Alexander, LaVerne;
Rose, Markus; Hunter-Williams, Jill\
Subject: Comments on FAFSA from Members of the House of
Representatives**

To Whom It May Concern: Attached please find the comments of 53 Members
of the House of Representatives related to the draft 2009-2010 Free
Application for Federal Student Aid (FAFSA) in response to the Notice of
Proposed Information Collection Requests printed in the *Federal
Register* (Volume 73, Number 168) on Thursday, August 28, 2008.  A hard
copy was mailed to the Department today as well.  Please contact me with
any questions. Thank you,

[\[Comments provided in PDF -- Response drafted for Secretary's
approval\]]{.mark}

**From: Gonzalez, Michelle \[mailto:GON03001@byui.edu\]**

**Sent: Friday, October 24, 2008 9:20 PM**

**To: FAFSA Comments**

#### Subject: FAFSA and drafting

To whom it may concern. I had a question that I was hoping someone will
answer. I heard that if you want to receive financial aid and you are a
male you have to sign something that said you will be drafted or else
you cannot receive any financial aid. Is that true? Thank you

From: Eric Tars \[mailto:etars@nlchp.org\]\
Sent: Monday, October 27, 2008 8:05 AM\
To: FAFSA Comments\
Cc: pjulianelle@naehcy.org; Barbara Duffield; Laurel Weir\
Subject: FAFSA Comments from NAEHCY and NLCHP

Comments Submitted on Behalf of the National Association for the
Education of Homeless Children and Youth and the National Law Center on
Homelessness & Poverty. The National Association for the Education of
Homeless Children and Youth[^4] (NAEHCY) and the National Law Center on
Homelessness & Poverty[^5] (NLCHP) are pleased to submit these comments
on the 2009-2010 Free Application for Federal Student Aid (FAFSA) in
response to the notice of invitation for public comment issued in the
[Federal Register]{.underline} on Thursday, August 28, 2008. Each year,
between 1.6 and 1.7 million youth run away from home or are forced to
leave their home by parents.[^6] Generally, youth leave home due to
severe dysfunction in their families, including circumstances that put
their safety and well-being at grave risk. Unfortunately, physical and
sexual abuse in the home is common; studies of unaccompanied youth have
found that 20 to 50% were sexually abused in their homes, while 40 to
60% were physically abused.[^7] Parental drug use or alcoholism and
conflicts with stepparents or partners also provoke youth to run away
from home.[^8] In a survey of unaccompanied youth in California, over
half felt that being homeless was as safe as or safer than being at
home.[^9] These youth live in a variety of temporary situations,
including shelters, the homes of others, cars, campgrounds, public
parks, abandoned buildings, motels, and bus or train stations. Due to
their severe poverty, homeless unaccompanied youth are extremely
unlikely to be able to access postsecondary education without federal
student aid. The FAFSA requires most students to provide financial
information from their parents or guardians in order to determine
student eligibility for aid; the application also requires a
parental/guardian signature. While these requirements are logical for
most applicants, they can create insurmountable barriers for
unaccompanied homeless youth. These youth do not receive financial
support from their parents and do not have access to parental
information. Thus, despite their great need for financial assistance,
unaccompanied homeless youth cannot supply the information required by
the FAFSA and thus face almost insurmountable barriers to higher
education. The College Cost Reduction and Access Act of 2007 (P.L.
110-84) addresses this barrier by allowing youth to be considered
independent students if they are verified as unaccompanied and homeless
during the school year in which the application is submitted, or as
unaccompanied, at risk of homelessness, and self-supporting. This
provision will help remove barriers for unaccompanied youth, provided
that the FAFSA reflects the language and intent of the statute. To this
end, we offer the following recommendations on the draft FAFSA.

1.  [Definition of "Youth" in Notes, Page 3 of the Draft
    FAFSA]{.underline}

NAEHCY and NLCHP are concerned that, as drafted, the current FAFSA would
exclude many unaccompanied youth who are intended beneficiaries of the
FAFSA changes. Page three of the draft form defines key terms for
unaccompanied homeless youth. "Youth" is defined as an individual who is
21 years of age or younger, or currently enrolled in high school.
However, youth must be 24 years old in order to be considered an
independent student. Thus, according to this form, unaccompanied
homeless youth who are 22 or 23 years old will not be able to be
considered independent students. Therefore, because these youth do not
have access to parental signatures or income information, they will not
be able to apply for federal financial aid and will be extremely
unlikely to afford college. The statutory language of the College Cost
Reduction and Access Act does not support such a limitation. In fact,
the Act does not include any age limits for this population, nor do the
other statutory definitions of "homelessness" or "unaccompanied youth"
that are referenced in the Act. In order to fulfill the statutory
language and ensure that all unaccompanied youth benefit from the new
independent student definition and are therefore able to pursue
postsecondary education, we recommend either deleting this definition
from the FAFSA, or aligning it with recommendations made in the February
2008 GAO report, "DISCONNECTED YOUTH- Federal Action Could Address Some
of the Challenges Faced by Local Programs That Reconnect Youth to
Education and Employment." The authors of this report state: "There is
not a commonly accepted definition of disconnected youth. For the
purposes of this study, we define disconnected youth as youth aged 14 to
24 who are not in school and not working, or who lack family or other
support networks." We recommend that the following language be added to
the notes section of the FAFSA pertaining to unaccompanied homeless
youth: "For the purposes of this question, 'Youth' means you are 23
years of age or younger as of the day you sign this application."

2.  "[At-Risk of Homelessness," Questions 58 and 59, of the Draft
    FAFSA]{.underline}

NAEHCY and NLCHP are concerned that, as written, questions 58 and 59 do
not include the phrase "or self-supporting and at risk of being
homeless." The language of the statute clearly requires the addition of
students in these situations to the provisions for homeless youth,
including verifications made by school district homeless liaisons and
directors or designees of programs funded under Subtitle B of Title IV
of the McKinney-Vento Homeless Assistance Act. In order to simplify and
clarify this part of the FAFSA, we recommend replacing questions 58, 59,
and 60 with the following one question:  "*At any time on or after July
1, 2008, did you receive a determination that you were an unaccompanied
youth who was homeless, or that you were an unaccompanied youth who was
self-supporting and at risk of being homeless?*" The new question would
be accompanied by a reference to the Notes section, and the first
paragraph of the Notes would read:  "Answer 'Yes' if you received a
determination *that you were an unaccompanied youth who was homeless, or
self-supporting and at risk of homelessness, from any of the following
sources* at any time on or after July 1, 2008*:*

\- Your school district homeless liaison\
- The director, or designated staff, of an emergency shelter program
funded by the U.S. Department of Housing and Urban Development\
- The director, or designated staff, of a runaway or homeless youth
center or transitional living program.\
- A financial aid administrator at the school you attend/plan to attend.

In addition, we recommend adding "Self-supporting" to the end of the
bulleted list of definitions that follow the first paragraph, as
follows:\
"*'Self-supporting' means you are providing for your own living
expenses*." "

Thank you for considering our comments. Should you have any questions,
please do not hesitate to contact Barbara Duffield, NAEHCY Policy
Director, at 202.364.7392 or bduffield@naehcy.org; or Eric Tars, NLCHP
Children and Youth Staff Attorney, at 202-638-2535 or <etars@nlchp.org>.

**From: Kowalski, Laura \[mailto:laura.kowalski@tgslc.org\]\
Sent: Monday, October 27, 2008 1:58 PM\
To: FAFSA Comments\
Subject: 2009-2010 FAFSA**

On behalf of Texas Guaranteed (TG), I am pleased to provide a response
to the August 28, 2008, request for comments regarding the Free
Application for Federal Student Aid (FAFSA) that the Secretary proposes
to use for the 2009-2010 award year. TG appreciates the opportunity to
comment on this draft application. Please contact me directly if you
have any questions regarding the attached comments.

To Whom It May Concern. On behalf of Texas Guaranteed (TG), I am pleased
to provide a response to the August 28, 2008, request for comments
regarding the Free Application for Federal Student Aid (FAFSA) that the
Secretary proposes to use for the 2009-2010 award year.

TG supports and participated in creating the response from the National
Counsel of Higher Education Loan Programs (NCHELP) that was submitted to
this 60-day information collection request. In addition, we offer the
following detailed comments which focus on making the form easier to
understand and use:

1.  On page 2, top left, "Notes for questions 14 & 15:" the paragraph
    ends with a statement for non-citizens who are ineligible for
    federal student aid: "...However you may be eligible for state aid."
    It would be helpful if the instructions did not end abruptly. To
    assist applicants, we suggest adding "[Please see your school's
    financial aid office to determine if any state aid options are
    available."]{.underline}

2.  On page 2, "Notes for question 32:" We suggest providing applicants
    a link to specific information about the teach grant
    \[http://www.teachgrant.ed.gov/\], rather than a link to the general
    student aid web site \[<http://www.studentaid.ed.gov/>\].

3.  On page 3, "Notes for question 55" on page 3: We suggest revising
    this to read: "[at any time]{.underline} when you were age 13 or
    older, even if....". This is consistent with the language used for
    "Notes for questions 58-60" on the same page.

4.  On page 8, "Notes for questions 85" and page 10, "Notes for question
    103:" We suggest revising these to read:

> In general, a person is considered a dislocated worker if ~~they~~ [he
> or she]{.underline} meet[s]{.underline} one of the following
> conditions:

~~They have~~ [He or she has]{.underline} lost ~~their~~ [his or
her]{.underline} job.

> ~~They have~~ [He or she has]{.underline} been laid off or received a
> lay-off notice from ~~their~~ [his or her]{.underline} job.
>
> ~~They are~~ [He or she is]{.underline} receiving unemployment
> benefits due to being laid off or losing a job and ~~are~~
> [is]{.underline} unlikely to return to a previous occupation.
>
>  ~~They are~~ [He or she is]{.underline} self-employed but are
> unemployed due to economic conditions or natural disaster.
>
>  ~~They are~~ [He or she is]{.underline} a displaced homemaker. A
> displaced homemaker is generally a person who previously provided
> unpaid services to the family (e.g., a stay-at-home mom or dad), is no
> longer supported by the husband or wife, is unemployed or
> underemployed, and is having trouble finding or upgrading employment.
>
> If a person quits work, generally ~~they are~~ [he or she
> is]{.underline} not considered a dislocated worker even if, for
> example, the person is receiving unemployment benefits. TG appreciates
> the opportunity to comment on the draft 2009-2010 FAFSA. Please
> contact me directly if you have any questions regarding the above
> comments.

From: Karen McCarthy \[mailto:mccarthyk@nasfaa.org\]\
Sent: Monday, October 27, 2008 4:37 PM\
To: FAFSA Comments\
Subject: 2009-10 Draft FAFSA

Attached are comments from NASFAA. Thank you!

To Whom it May Concern. On behalf of the nearly 3,000 member
institutions of the National Association of Student Financial Aid
Administrators (NASFAA), I am writing to offer our comments on the draft
2009-10 Free Application for Federal Student Aid (FAFSA). We appreciate
the Department's continued efforts to clarify and improve the FAFSA
structure and language. In particular, we are pleased to see that the
former Worksheets B and C have been eliminated and those questions
incorporated into the application. We also support the inclusion of the
answer choices for Questions 28-31 into the application rather than the
separate Notes section. We commend the Department's efforts to
incorporate the changes required to satisfy the intent of Congress in
implementing the College Cost Reduction and Access Act (CCRAA). We have
some general comments on these changes, specifically the changes to the
dependency status questions. The draft FAFSA contains 13 questions that
determine dependency status. We would encourage the Department to
explore ways that would permit students to skip some of the dependency
status questions if they answer yes to one of the questions with a low
error rate. For example, applicants who answer the first dependency
status question as "Yes" ("Were you born before January 1, 1986?") might
be directed to skip the remaining 12 dependency status questions. This
would allow paper FAFSA filers to move through the form more quickly.
Regarding homeless determinations, the changes to the law as a result of
the CCRAA seem to allow all listed authorities (i.e., high school or
school district homeless liaison, director of an emergency shelter
program fund, director of a runaway or homeless youth basic center or
transitional living program) to make the various homeless
determinations. Why is there a separate question for each party? Can the
separate questions be combined? Combining these questions wherever
possible would make them less visually intimidating. We have concerns
about the Department's definition of "youth," as it relates to
homelessness. The Notes section states that "youth means you are 21
years of age or younger or you are still enrolled in high school as of
the day you sign this application." This means that a student could "age
out" of automatic independent status. That is, once a homeless student
turns 22, he or she would not automatically be considered independent.
We don't believe this was Congress' intent. We have comments and
concerns about some additional items. Those comments are attached and
are listed in page number order. We appreciate the opportunity to offer
these comments and we look forward to working with you on these
important application issues.

**NASFAA Comments on Draft 2009-10 FAFSA**

+------+---------+----------------------------+-----------------------+
| **Pa | *       | **Suggested Change         | **Comments**          |
| ge** | *Item** | (additions are shown in    |                       |
|      |         | bold, deletions are in     |                       |
|      |         | strikeout)**               |                       |
+======+=========+============================+=======================+
| 1    | Using   | If you have not yet filed  | The suggested wording |
|      | Your    | your tax return, ~~you can | clarifies how         |
|      | Tax     | still submit your FAFSA,   | applicants who have   |
|      | Return  | but you must provide       | not yet filed a tax   |
|      |         | income and tax             | return should         |
|      |         | information~~ **submit     | proceed.              |
|      |         | your FAFSA with estimated  |                       |
|      |         | income and tax             |                       |
|      |         | information**.             |                       |
+------+---------+----------------------------+-----------------------+
| 1    | Filling | If you or your family has  | The suggested wording |
|      | out the | unusual circumstances      | clarifies when an     |
|      | FAFSA   | **that have caused         | applicant should      |
|      |         | significant changes to     | consult with the      |
|      |         | your financial situation** | financial aid office. |
|      |         | (such as loss of           |                       |
|      |         | employment), complete this |                       |
|      |         | form to the extent you     |                       |
|      |         | can, then submit it as     |                       |
|      |         | instructed and consult     |                       |
|      |         | with the financial aid     |                       |
|      |         | office at the college you  |                       |
|      |         | plan to attend.            |                       |
+------+---------+----------------------------+-----------------------+
| 2    | Notes   | If you are neither a       | If the CPS provides   |
|      | for     | citizen nor an eligible    | EFC information of    |
|      | qu      | noncitizen, you are not    | ineligible            |
|      | estions | eligible for federal       | noncitizens to        |
|      | 14 and  | student aid. However,      | schools and states    |
|      | 15      | **you should still         | for purposes of       |
|      |         | complete this application, | institutional and     |
|      |         | because** you may be       | state aid, then the   |
|      |         | eligible for state or      | added text clarifies  |
|      |         | college aid.               | how ineligible        |
|      |         |                            | noncitizens should    |
|      |         |                            | proceed.              |
+------+---------+----------------------------+-----------------------+
| 2    | Notes   | Note that the financial    | The questions         |
|      | for     | aid administrator will     | regarding veterans    |
|      | q       | need you to provide        | education benefits    |
|      | uestion | information about the      | consistently ask      |
|      | 45      | amount of education        | about benefits that   |
|      |         | benefits you ~~received~~  | will be received      |
|      |         | **will** **receive**.      | between 7/1/09 and    |
|      |         |                            | 6/30/10. The verb     |
|      |         |                            | tense should be       |
|      |         |                            | consistent throughout |
|      |         |                            | to avoid confusion.   |
+------+---------+----------------------------+-----------------------+
| 3    | Notes   | Answer "Yes" (you are a    | Page AVG-24 of the    |
|      | for     | veteran) if you (1) have   | 2008-09 *FSA          |
|      | q       | engaged in active duty in  | Handbook* states:     |
|      | uestion | the U.S. Armed Forced      |                       |
|      | 52      | (Army, Navy, Air Force,    | "Members of the       |
|      |         | Marines or Coast Guard) or | National Guard or     |
|      |         | are a National Guard or    | Reserves are only     |
|      |         | Reserves enlistee who was  | considered veterans   |
|      |         | called to active duty for  | if they were called   |
|      |         | ~~purposes~~ other than    | up to active federal  |
|      |         | **state or** training      | duty by presidential  |
|      |         | **purposes**.              | order for a purpose   |
|      |         |                            | other than training.  |
|      |         | ...                        | "                     |
|      |         |                            |                       |
|      |         | Answer "No" (you are not a | The suggested wording |
|      |         | veteran) if you (1) have   | addresses active duty |
|      |         | never engage in active     | for state purposes    |
|      |         | duty in the U.S. Armed     | and matches the       |
|      |         | Forces, (2) are currently  | wording in the Notes  |
|      |         | an ROTC student or a cadet | for question 51 about |
|      |         | or midshipman at a service | active duty.          |
|      |         | academy or (3) are a       |                       |
|      |         | National Guard or Reserves |                       |
|      |         | enlistee activated only    |                       |
|      |         | for **state or** training  |                       |
|      |         | **purposes**.              |                       |
+------+---------+----------------------------+-----------------------+
| 3    | Notes   | Also answer "No" if you    | Under the current     |
|      | for     | are currently serving in   | wording, it is not    |
|      | q       | the U.S. Armed Forces and  | clear how someone who |
|      | uestion | will continue to serve     | was dishonorably      |
|      | 52      | through June 30, 2010,     | discharged should     |
|      |         | **or you have engaged in   | answer this question. |
|      |         | active duty in the U.S.    |                       |
|      |         | Armed Forces and were      |                       |
|      |         | released dishonorably.**   |                       |
+------+---------+----------------------------+-----------------------+
| 5    | 14      | c\. No, I am not a citizen | The current wording   |
|      |         | or eligible noncitizen.    | provides this wording |
|      |         | **Skip to question 16.**   | for option a. It      |
|      |         |                            | should also be        |
|      |         |                            | provided for option   |
|      |         |                            | c.                    |
+------+---------+----------------------------+-----------------------+
| 5    | 19 and  | 19\. ~~Did you become a    | Questions 19 and 20   |
|      | 20      | legal resident of this     | (for students) and 73 |
|      | (same   | state before January 1,    | and 74 (for parents)  |
|      | concept | 2004?~~                    | could be combined     |
|      | applies |                            | into one question     |
|      | to 73   | 20\. ~~If the answer to    | that asks the month   |
|      | and 74) | question 19 is "No," give  | and year when legal   |
|      |         | month and year you became  | residency began.      |
|      |         | a legal resident.~~ **What | Combining these       |
|      |         | month and year did you     | questions for both    |
|      |         | become a legal resident of | students and parents  |
|      |         | this state?**              | would eliminate two   |
|      |         |                            | redundant questions   |
|      |         |                            | from the FAFSA.       |
+------+---------+----------------------------+-----------------------+
| 6    | Instr   | This information may be on | Page AVG-12 of the    |
|      | uctions | the W-2 forms, or on IRS   | 2008-09 *FSA          |
|      | for Q39 | Form 1040---lines 7 + 12 + | Handbook* contains    |
|      |         | 18 + Box 14 of IRS         | the following text:   |
|      |         | Schedule K-1 (Form 1065);  | "The FAFSA instructs  |
|      |         | or 1040A---line 7; or      | the applicant to sum  |
|      |         | 1040EZ---line 1. **If IRS  | lines 7, 12, and 18   |
|      |         | Form 1040 lines 12 or 18   | of the 1040 form and  |
|      |         | are negative, treat them   | box 14 of Schedule    |
|      |         | as zero.**                 | K-1 (Form 1065) as an |
|      |         |                            | option for            |
|      |         |                            | determining the       |
|      |         |                            | income earned from    |
|      |         |                            | work. But when the    |
|      |         |                            | values of lines 12 or |
|      |         |                            | 18 are negative, this |
|      |         |                            | will reduce the total |
|      |         |                            | and can wrongly       |
|      |         |                            | affect the Social     |
|      |         |                            | Security allowance.   |
|      |         |                            | If values from lines  |
|      |         |                            | 12 or 18 are          |
|      |         |                            | negative, treat them  |
|      |         |                            | as zero when          |
|      |         |                            | determining the       |
|      |         |                            | in­come earned from    |
|      |         |                            | work."                |
|      |         |                            |                       |
|      |         |                            | Currently, the        |
|      |         |                            | applicant isn't given |
|      |         |                            | these instructions    |
|      |         |                            | about negative        |
|      |         |                            | amounts on lines 12   |
|      |         |                            | or 18, so the only    |
|      |         |                            | way this would get    |
|      |         |                            | corrected would be if |
|      |         |                            | the school reviews    |
|      |         |                            | the tax return. This  |
|      |         |                            | results in            |
|      |         |                            | inequitable treatment |
|      |         |                            | between those         |
|      |         |                            | applicants whose      |
|      |         |                            | files are verified    |
|      |         |                            | and those who are     |
|      |         |                            | not.                  |
+------+---------+----------------------------+-----------------------+
| 7    | 47i     | Other untaxed income not   | Additional wording is |
|      |         | reported **in items 47a    | needed for            |
|      |         | through 47h**, such as.... | clarification.        |
+------+---------+----------------------------+-----------------------+
| 7    | 47i     | Don't include....combat    | Under CCRAA, combat   |
|      |         | pay ~~(if you are not a    | pay is excludable     |
|      |         | tax filer)~~,...           | income. A tax filer   |
|      |         |                            | who has received      |
|      |         |                            | untaxed combat pay    |
|      |         |                            | must also be          |
|      |         |                            | instructed on the     |
|      |         |                            | FAFSA not to include  |
|      |         |                            | it as other untaxed   |
|      |         |                            | income.               |
+------+---------+----------------------------+-----------------------+
| 7    | 55      | **Are both your parents    | Although the current  |
|      |         | deceased, or** **at any    | wording follows the   |
|      |         | time** when you were age   | wording in statute,   |
|      |         | 13 or older, ~~were both   | several of our        |
|      |         | your parents deceased,~~   | members find it       |
|      |         | were you in foster care or | confusing. The        |
|      |         | were you a dependent/ward  | applicant's age at    |
|      |         | of the court?              | the time of the       |
|      |         |                            | parents' death is     |
|      |         |                            | irrelevant; in all    |
|      |         |                            | cases, the applicant  |
|      |         |                            | is an orphan and      |
|      |         |                            | would answer this     |
|      |         |                            | question "Yes."       |
|      |         |                            |                       |
|      |         |                            | "At any time" is      |
|      |         |                            | added for             |
|      |         |                            | clarification and to  |
|      |         |                            | match statutory       |
|      |         |                            | wording.              |
+------+---------+----------------------------+-----------------------+
| 7    | 58-60   | **At any time on or after  | Questions 58-60 are   |
|      |         | July 1, 2008, did you      | very wordy. Unless    |
|      |         | receive a determination    | the Department needs  |
|      |         | that you were an           | separate questions    |
|      |         | unaccompanied youth who    | for tracking          |
|      |         | was homeless or were       | purposes, we would    |
|      |         | self-supporting and at     | suggest collapsing    |
|      |         | risk of being homeless?    | these questions into  |
|      |         | See Notes page 3.**        | one question. The     |
|      |         |                            | parties who are       |
|      |         |                            | permitted to make     |
|      |         |                            | such determinations   |
|      |         |                            | can be included in    |
|      |         |                            | the Notes on page 3.  |
|      |         |                            | These suggestions     |
|      |         |                            | would allow the vast  |
|      |         |                            | majority of           |
|      |         |                            | applicants to proceed |
|      |         |                            | through this section  |
|      |         |                            | of the FAFSA much     |
|      |         |                            | more quickly.         |
+------+---------+----------------------------+-----------------------+
| 7    | Notes   | -   **"Self-supporting"    | The Notes for         |
|      | for     |     means \_\_\_\_**       | questions 58-60 do    |
|      | qu      |                            | not include a         |
|      | estions |                            | definition of         |
|      | 58-60   |                            | "self-supporting".    |
+------+---------+----------------------------+-----------------------+
| 8    | Instr   | **TANF may have a          | TANF programs go by   |
|      | uctions | different name in your     | different names in    |
|      | for     | state. To find out the     | different states.     |
|      | 77-81   | name of your state's       | Applicants may know   |
|      | (also   | program, see www.xxxx.gov  | the name of their     |
|      | instr   | or call 1-800-4FED-AID.**  | state's program, and  |
|      | uctions |                            | not realize that it   |
|      | for     |                            | is a TANF program.    |
|      | 98-102  |                            | The linked web site   |
|      | on page |                            | should be a list of   |
|      | 10)     |                            | state TANF programs.  |
|      |         |                            | If space doesn't      |
|      |         |                            | allow this suggested  |
|      |         |                            | text to be with the   |
|      |         |                            | question itself, it   |
|      |         |                            | could be added to the |
|      |         |                            | Notes section.        |
|      |         |                            |                       |
|      |         |                            | It is critical that   |
|      |         |                            | TANF recipients       |
|      |         |                            | answer this question  |
|      |         |                            | correctly, since      |
|      |         |                            | receipt of TANF is    |
|      |         |                            | one of the            |
|      |         |                            | eligibility criteria  |
|      |         |                            | for the simplified    |
|      |         |                            | needs test and        |
|      |         |                            | automatic zero EFC.   |
+------+---------+----------------------------+-----------------------+
| 8    | 80      | **Temporary Assistance for | Using only the        |
|      | (also   | Needy Families**           | acronym for these     |
|      | 101 on  | **(**TANF**)**             | government programs   |
|      | page    |                            | assumes a level of    |
|      | 10)     |                            | knowledge that        |
|      |         |                            | applicants may not    |
|      |         |                            | have.                 |
+------+---------+----------------------------+-----------------------+
| 8    | 81      | **Special Supplemental     |                       |
|      | (also   | Nutrition Program for      |                       |
|      | 102 on  | Women, Infants, and        |                       |
|      | page    | Children** **(**WIC**)**   |                       |
|      | 10)     |                            |                       |
+------+---------+----------------------------+-----------------------+
| 9    | 94d     | Student grant and          | Throughout the        |
|      |         | scholarship aid reported   | application, "your"   |
|      |         | to the IRS in your         | refers to the         |
|      |         | **parents'** adjusted      | student. This section |
|      |         | gross income.              | is for the parents'   |
|      |         |                            | additional financial  |
|      |         |                            | information, so       |
|      |         |                            | "your" must be        |
|      |         |                            | changed to "your      |
|      |         |                            | parents'."            |
+------+---------+----------------------------+-----------------------+
| 9    | 94e     | Only enter the amount that | Throughout the        |
|      |         | was taxable and included   | application, "your"   |
|      |         | in your **parents'**       | refers to the         |
|      |         | adjusted gross income.     | student. This section |
|      |         |                            | is for the parents'   |
|      |         |                            | additional financial  |
|      |         |                            | information, so       |
|      |         |                            | "your" must be        |
|      |         |                            | changed to "your      |
|      |         |                            | parents'."            |
+------+---------+----------------------------+-----------------------+

From: Vicki Shipley \[mailto:vshipley@nchelp.org\]\
Sent: Monday, October 27, 2008 7:01 PM\
To: \'fafsacomments@ed.gov (fafsacomments@ed.gov)\'\
Cc: \'blief@nchelp.org\'\
Subject:

 

Good evening.  On behalf of NCHELP, thank you for the opportunity to
provide the attached comments on the draft 2009/10 FAFSA. To Whom It May
Concern. Thank you for providing the financial aid community with the
opportunity to review and comment on the draft of the 2009-2010 Free
Application for Federal Student Aid (FAFSA). On behalf of the National
Council of Higher Education Loan Programs (NCHELP), we offer the
following comments in response to Federal Register Notice dated August
28, 2008. NCHELP is an organization representing federal student loan
guarantors, secondary markets, lenders, loan servicers, collection
agencies, as well as some institutions of higher education. In addition
to participating in the Federal Family Education Loan (FFEL) Program,
many of our guarantor members administer state grant and scholarship
programs and state savings programs, both of which extend their interest
in commenting on the FAFSA. NCHELP appreciates the summary of changes
that was provided by the U.S. Department of Education. This reference
gave those reviewing the document a quick synopsis of proposed
modifications. We also applaud the Department's continued efforts to
streamline the FAFSA. However, while we commend this effort that will
enable students (and parents) to more easily complete the Title IV aid
application process, we ask that the Department not lose sight of the
State aid programs that also rely on key FAFSA data. If those questions
used by the various State agencies and programs are eliminated from the
FAFSA, students will be required to complete separate State aid
applications. This would create disruption in the State aid award
process and cause undue hardship to those students who most need the
additional State dollars. We urge the Department to also allow States to
link to FAFSA on the Web data. It is also clear from the extensive
Congressional discussions conducted in the development of the Higher
Education Opportunity Act of 2008 that Congress intends state aid should
remain a key part of each student\'s overall aid package. We believe it
is important for the Department to ensure that a single Title IV aid
application accommodates state aid. We therefore encourage the
Department to consider the full impact of the changes it proposes to the
FAFSA content. We have attached a matrix listing comments on the draft
FAFSA. Specifically we would offer the general recommendations listed
below:

**Recommendations:**

-   Step Three -- Allow the student applicant to skip the questions in
    this section that follow any "yes" response. Skip logic should also
    be used in the FAFSA on the Web (FOTW). An affirmative response to
    any question in this section means the student is 'independent';
    therefore once the applicant answers "yes", he or she should not be
    required to answer the remaining questions in this section.

-   Notes for question 32 -- We would recommend the link
    [http://www.teachgrant.ed.gov](http://www.teachgrant.ed.gov/) be
    used in place of
    [http://www.studentaid.ed.gov](http://www.studentaid.ed.gov/) in
    this section. The recommended link will take the student directly to
    the site containing information on the TEACH program.

NCHELP appreciates this opportunity to provide recommendations on the
FAFSA. If you have any questions regarding these comments, please
contact me at (202) 822-2106.

[\[Comments forwarded from OGC\]]{.mark}

**From: Jay Christian (EUIP \[mailto:EUIP@myfriendsplace.org\])\
Sent: Friday, October 10, 2008 6:39 PM\
To: OGC Comments\
Cc: bduffield@naehcy.org\
Subject: FAFSA changes**

Dear U.S. Department of Education. Comments on new FAFSA changes. I am
an employee of a drop in shelter for homeless youth in Los Angeles CA.
Some concerns I have for the recent changes are as follows:

1.  The limit placed on the age of "Youth" in the notes category for
    questions 58-60

    a.  We interact with youth that are homeless between the ages of
        12-24

    b.  In the description currently given "Youth" "means you are 21
        years of age or younger or you are still enrolled in high school
        as of the day you sign this application" this decription should
        be expanded to include homeless youth ages 22 and 23.

    c.  These homeless youth should not be excluded from the benefits of
        these changes simply because they are to old.

```{=html}
<!-- -->
```
1.  Will homeless organizations that do not receive government funding
    qualify as a "basic center or transitional living program" as
    specified in question 60?

Thank you for your time and consideration of our comments,

Jay Christian, Transformative Education, 5850 Hollywood Blvd. Los
Angeles, CA 90028

www.myfriendsplace.org

**From: Leslye Orloff \[mailto:lorloff@legalmomentum.org\]\
Sent: Monday, October 27, 2008 5:03 PM\
To: OGC Comments\
Subject: Legal Momentum FAFSA Comments**

U.S. Department of Education. Re: Comments on Free Application for
Federal Student Aid (FAFSA) for the 2009-2010 award year. To Whom It May
Concern. Legal Momentum is submitting these comments in response to the
notice published in the Federal Register on August 28, 2008 (73 Fed.
Reg. 50785), soliciting input on the Free Application for Federal
Student Aid (FAFSA) for the 2009-2010 award year. Our comments focus on
the questions and instructions regarding eligible non-citizens, and the
submission of Social Security Numbers by non-citizen applicants.

##### Organizational Background

Legal Momentum, established in 1970, is the nation's oldest legal
advocacy organization dedicated solely to advancing the rights of women
and girls. The Immigrant Women Program (*"IWP"*) has been an integral
part of Legal Momentum since 1999 and is the lead agency nationally
advocating for legislation and federal and state policies that improve
the lives of immigrant women and their children. Legal Momentum has
substantial knowledge and insight into issues of domestic violence,
sexual assault, trafficking, immigration, public benefits, health care
and family law for immigrant victims and their children. Legal Momentum
co-founded and co-directs the National Network to End Violence Against
Immigrant Women, which has over 3,000 member organizations who work in
communities across the country helping immigrant victims and their
children heal and attain protection from abuse. Our Immigrant Women
Program crafted and stewarded passage of all Violence Against Women Act
(*"VAWA"*) protections for immigrant victims of violence against women
(1994, 2000, 2005), the Trafficking Victim's Protection Act of 2000
(*"TVPA"*), International Marriage Broker Regulation Act (2005) as well
as access to benefits (1996) and legal services (1997, 2005) for
immigrant victims and their children.  

#### Comments on FAFSA Form and Instructions

Below please find commentary on questions 8, 14, and 15 of the FAFSA
form. We found that these areas of the FAFSA form and their accompanying
Instructions can be improved to more clearly identify non-citizens
eligible for postsecondary educational financial aide. Our goal in these
comments is to suggest improvements that will help assure that the FAFSA
form instructions provide direction that will assist both applicants and
institutions in identifying each of the groups of non-citizens eligible
to receive postsecondary educational grants and loans.[^10] Please refer
to the discussion of each question below and proposed language. We have
tried to be as thorough as possible. However, if the Department of
Education would like us to clarify or amplify any information we provide
in these comments we would be happy to answer questions and provide any
further information that would be of assistance to the Department. Our
contact information is listed at the bottom of these comments.

#### Question 8 - Social Security Number 

This question requires eligible non-citizens to provide a Social
Security Number. This may be problematic because some eligible
non-citizens may lack a regular Social Security number (SSN). There are
categories of persons who are eligible to receive public benefits who
are not eligible for work authorization. Qualified battered immigrants
who are married to or children of U.S. citizen or lawful permanent
resident abusers are one example. Under VAWA spouses and children of
lawful permanent resident abusers can file a self-petition to attain
lawful permanent residency without they abuser's knowledge or
assistance. Once DHS determines that a valid case has been filed, DHS
issues a prima facie determination notice permitting the qualified
battered immigrants to access public benefits, including postsecondary
educational grants and loans. However, this group must wait generally
almost a year and a half to have their case approved and to file for and
receive work authorization. These battered immigrants can only receive a
social security number after they are granted work authorization. During
this wait their access to public benefits is crucial.[^11] Similarly
there will be qualified battered immigrants whose non-abusive lawful
permanent resident spouse filed and I-130 family based visa petition for
them and the immigrant spouse is abused by a family member of the abuser
(who resides in the same household). These immigrant victims may have
significant up to 7 year waits before they can receive a social security
number connect to their receipt of work authorization. These examples
demonstrate why it is important to help immigrant public benefits
applicants obtain and use non-work social security numbers. To address
some federal agency requirements that all applicants have social
security numbers in order to apply for benefits (e.g. TANF and
Educational benefits) the Social Security Administration will issue
non-work social security numbers.[^12] In order to obtain a non-work
social security number, applicants must demonstrate that they need a
non-work authorized social security number in order to apply for federal
or state public benefits. Non-citizen applicants for public benefits
meet this requirement by providing to the Social Security Administration
with a letter from the federal or state agency stating that a social
security number is required for processing of the non-citizens benefits
application.[^13]

**Proposed Revision**

The Department of Education should develop as part of this rule making a
form requesting that the Social Security Administration provide the
non-citizen applicant for postsecondary educational grants and/or loans
a non-work social security number. This form should be placed on the DOE
website so that it can be easily downloaded, filled in and provided to
the non-citizen applicant. The instructions to financial aid officers
accompanying the FAFSA form should provide the URL link to this DOE form
and should direct financial aid officers to assist non-citizen
applicants in obtaining non-work social security numbers, including
providing them a copy of this letter and other the institution should
take in assisting applicants in obtaining a non-work SSN.

#### Question 14 -- Are you a U.S. citizen?

This section of the FAFSA provides two options. The first option is for
U.S. citizens and the second option is for eligible non-citizens. We are
not suggesting changes to the form, but would like to suggest some
revisions to the instructions that accompany this question, to ensure
that the eligible non-citizen category is described accurately and to
provide instructions to potentially eligible students. First, the
description of the eligible non-citizen category in the instructions
should be revised. The more accurate term "lawful permanent resident"
should replace "permanent U.S. resident." Second, conditional permanent
residents[^14] should be explicitly listed as a category separate from
lawful permanent residents so as to eliminate confusion between the two
forms of status that could lead to confusion that could result in
precluding conditional residents from benefits they are legally entitled
to receive. Finally, the instructions should also include a more
comprehensive list of eligible non-citizens to ensure that these
students and their financial aid officers understand that they may apply
for assistance.

In making a determination of who is an eligible non-citizens for
purposes of post-secondary financial aid the statute 20 U.S.C. Section
1091[^15] states that:

> "In order to receive any grant, loan, or work assistance under this
> subchapter, a student must, "be a citizen or national of the United
> States, a permanent resident of the United States, able to provide
> evidence from the Immigration and Naturalization Service that he or
> she is in the United States **for other than a temporary purpose with
> the intention of becoming a citizen or permanent resident**.[^16]"
> (Emphasis added)

Under this Act, it is clear that certain non-citizens are eligible for
post-secondary financial aid as long as they are not in the United
States on a temporary basis, but rather with the intention of staying
permanently. There are three groups of immigrants who qualify under this
definition. First, any group of non-citizen who are "qualified aliens"
as defined in 8 U.S.C. 1641. We will provide a full list of the
categories qualified immigrants below. Second, trafficking victims who
qualify for, have applied for or have received continued presence or a
T-visa (and the certain family members of such applicants[^17]). In
addition to the two groups discussed above there is a third group of
non-citizens eligible for DOE administered benefits. These are
immigrants who can demonstrate that they are in the United States for
other than a temporary purpose and who have an intention of becoming a
citizen or lawful permanent resident. Non-citizens who have or are in
the process of applying for any form of legal immigration status that
could lead to legal permanent residency or citizenship would qualify for
educational benefits under this provision. To be eligible applicants
will have to demonstrate that they have a pending or approved
application for immigration benefits filed with the Department of
Homeland Security. Applicants under this category of eligibility (as
opposed to qualified immigrants and trafficking victims) would also need
to demonstrate to the financial aid officer their intent to obtain
permanent residency or citizenship. An example includes but is not
limited to U-visa (crime victim visa applicants and U-visa recipients).
The U-visa offers immigration relief and after three years the ability
to apply for legal permanent residence to crime victims who are
cooperating with law enforcement in the investigation or prosecution of
criminal activity. U-visa victims (and their children included in their
U-visa application) would prove eligibility for educational benefits by
submitting a copy of their U-visa application receipt notice, interim
relief or U-visa approval. This and a copy of the statute that allows
U-visa recipients to apply for lawful permanent residency should be
sufficient for eligibility. Similarly, other applicants for immigration
relief that leads to options for citizenship or lawful permanent
residency would prove DOE benefits eligibility by submitting copies of
the documents they received from DHS and a copy of the code section
through which they plan to apply for lawful permanent residency or
citizenship. The instructions accompanying the FAFSA form should be
edited to list each of the following eligible non-citizens:

**Qualified Immigrants**[^18]

-   Lawfully admitted for permanent residence;

    -   [Lawful permanent residents]{.underline}[^19]

    -   [Conditional residents]{.underline}[^20]

-   Granted [asylum]{.underline} under section 208 of the INA;

-   [Refugee]{.underline} admitted to the U.S. under section 207 of the
    INA;

-   [Paroled]{.underline} into the U.S. under section 212(d)(5) of the
    INA [for at least one year]{.underline};

-   Granted [withholding of deportation or removal]{.underline}

    -   under section 243(h) of the INA as in effect prior to April 1,
        1997, or

    -   whose removal is being withheld under section 241(b)(3) of the
        INA;

-   [Granted conditional entry]{.underline} pursuant to section
    203(a)(7) of the INA as in effect prior to April 1, 1980;

-   [Cuban or Haitian entrant]{.underline} as defined in section 501(e)
    of the Refugee Education Assistance Act of 1980;

-   [Battered immigrants]{.underline} are immigrants who (or whose child
    or parent) have been battered or subjected to extreme cruelty.[^21]

    -   Battered immigrants (and their children) filing for
        self-petitions;[^22]

    -   Battered immigrants filing for VAWA cancellation of removal or
        suspension of deportation;[^23]

    -   Battered immigrants beneficiaries of family based visa petitions
        I-130 filed by U.S. citizen or lawful permanent resident spouses
        or parents (note the abuser in these cases may or may not be the
        spouse or parent who filed the visa application).[^24]

**Trafficking Victims**[^25]

-   Have certification or eligibility letter issued by the U.S. Office
    of Refugee Resettlement;[^26]

-   T-visa applicants (and certain family members of these immigrants)

-   Persons applying for or granted continued presence (and certain
    family members of these immigrants)

**Non-Citizens in the U.S. For Other Than a Temporary Purpose With
Intention of Becoming Citizens or Lawful Permanent Residents**

-   U-visa applicants (and their children)

-   U-visa and U-visa interim relief recipients (and their children)

-   Other immigrants who meet the definition under 20 U.S.C. Section
    1091.

###### Proposed Revision

"You are an eligible non-citizen if you: are a lawful permanent
resident, a conditional permanent residence, are a refugee, an asylee,
were paroled into the U.S. for at least one year; were granted
withholding of deportation or removal, were granted conditional entry,
are a Cuban or Haitian entrant; are (or are the child of) a "qualified"
battered immigrant; trafficking victims (or their an eligible family
member -- derivatives beneficiaries); a recipient of continued presence;
a U-visa applicant (or an eligible family member) or other immigrant who
can establish that they are in the United States for other than a
temporary purpose with the intention of becoming a citizen or lawful
permanent resident."

**Documentation of Non-Citizen Eligibility**

Persons who are eligible immigrants to obtain postsecondary educational
grants or loans must be able to demonstrate that eligibility by
providing documentation of their immigration status. There are however a
range of documents that immigrants might provide to prove they are a
non-citizen eligible for DOE benefits. The I-551 card, for example, is
only one of the documents that lawful permanent residents may use to
prove lawful permanent residency (LPR). Other documentary evidence of
LPR status include stamp in their passport, or a DHS order granting LPR
status (e.g. under the Nicaraguan Adjustment and Central American Relief
Act of 1997, "NACARA"), or other documents that prove lawful permanent
resident status. Students who have been granted asylum may not have an
I-94 document, but may instead have a decision from a court, granting
asylum. Eligible trafficking victims may not have a T visa, but instead
may have a certification or eligibility letter provided by the U.S.
Office of Refugee Resettlement. We want to ensure that eligible students
are not mistakenly denied benefits because they are being required to
provide specific documents. This is particularly true in cases of
immigrant victims who have filed for VAWA related immigration benefits
(VAWA, T or U-visa). There are special evidentiary rules that federal
government agencies apply in cases of immigrant victims of violence
against women. Since 1997 the U.S. Department of Justice and other
federal government agencies have allowed immigrant victims of violence
against women (battered women, battered immigrants, trafficking victims
and U-visa victims) to provide *any credible evidence* to support their
applications for immigrant benefits and public benefits.[^27] The
Department of Justice Interim Guidance states that: "The benefit
provider should consider any credible evidence proffered by the
applicant." [^28]

The following is a list of many of the types of documentation that
eligible non-citizen applicants for postsecondary educational benefits
should be able to provide to financial aid officers and to the
Department of Education.[^29] Documentation that may be provided
includes but is not limited to the following:

***Immigrant Lawfully Admitted for Permanent Residence***

DHS Form I--551 (Alien Registration Receipt Card);

Unexpired Temporary I--551 stamp in foreign passport;

-   DHS Form I--94.

***Asylee***

DHS Form I--94 annotated with stamp showing grant of asylum under
section 208 of the INA;

DHS Form I--688B (Employment Authorization Card) annotated ''274a.12
(a) (5)'';

DHS Form I--766 (Employment Authorization Document) annotated ''A5'';

Grant letter from the Asylum Office of DHS;

Order of an immigration judge granting asylum.

***Refugee***

DHS Form I--94 annotated with stamp showing admission under § 207 of
the INA;

DHS Form I--688B (Employment Authorization Card) annotated ''274a.12
(a) (3)'';

DHS Form I--766 (Employment Authorization Document) annotated ''A3'';
or

DHS Form I--571 (Refugee Travel Document).

***Alien Paroled Into the U.S. for a Least One Year***

DHS Form I--94 with stamp showing admission for at least one year
under section 212(d)(5) of the INA.(Applicant cannot aggregate periods
of admission for less than one year to meet the one-year requirement.)

***Alien Whose Deportation or Removal Was Withheld***

DHS Form I--688B (Employment Authorization Card) annotated ''274a.12
(a) (10)'';

DHS Form I--766 (Employment Authorization Document) annotated ''A10'';
or

Order from an immigration judge showing deportation withheld under

-   § 243(h) of the INA as in effect prior to April 1, 1997, or

-   Removal withheld under § 241(b) (3) of the INA.

***Alien Granted Conditional Entry***

 DHS Form I--94 with stamp showing admission under § 203(a) (7) of the
INA;

DHS Form I--688B (Employment Authorization Card) annotated ''274a.12
(a) (3)''; or

DHS Form I--766 (Employment Authorization Document) annotated ''A3.''

***Cuban/Haitian Entrant***

DHS Form I--551 (Alien Registration Receipt Card, commonly known as a
''green card'') with the code CU6, CU7, or CH6;

Unexpired temporary I--551 stamp in foreign passport;

DHS Form I--94 with the code CU6 or CU7;

DHS Form I--94 with stamp showing parole as ''Cuba/Haitian Entrant''
under Section 212(d) (5) of the INA.

***Battered Immigrant Qualified Aliens***

-   DHS Form I-360 (Petition for Amerasian, Widow or Special
    Immigrant);[^30]

-   DHS Form I-130 (Petition for Immigrant Status) filed on the
    immigrant's behalf by the immigrant's spouse or parent;[^31]

-   DHS Form I-797 approval notice, prima facie determination or receipt
    notice;

-   DHS Form I-551 (Resident Alien Card or Alien Registration Card,
    commonly known as green card).

-   DHS Stamp I-551

    -   in foreign passport; or

    -   on DHS Form I-94

-   A final order of an Immigration Judge or the Board of Immigration
    Appeals indicating that the applicant has established a prima facie
    case for or has been granted one of the following:

    -   VAWA Suspension of Deportation under INA Section 244(a)(3) as in
        effect on March 31, 1997.

    -   VAWA cancellation of removal under INA Section 240A(b)(2).

-   Fax Back to Verification Form[^32]

This list of the types of documents that non-citizens could provide as
evidence of eligibility to receive postsecondary educational grants and
loans is longer than what would fit on the FAFSA form or the
instructions accompanying the form. Our recommendation is that the
Department of Education issues a guidance document in addition to the
FAFSA form and instructions that can contain more detailed information
to assist financial aid officers and non-citizen applicants. The
instructions accompanying the FAFSA form should provide a link to this
guidance document which will provide more complete information on
eligibility categories, documents that may be presented, assisting
non-citizens applying for non-work social security numbers and
verification of battered immigrant, U-visa, and T-visa cases through the
VAWA confidentiality protected fax back verification system. We would be
interested in working with the Department of Education to develop this
longer guidance document. The document list for proof of status
contained in these comments could be included in such a guidance
document.[^33]

#### Question 15 -- Alien Registration Number

This section requires eligible non-citizens to provide an "A" number.

Some non-citizens are eligible to apply for and receive public benefits
before their cases at DHS have been assigned "A" numbers. The
requirement that all eligible non-citizens provide an "A" number may be
problematic because some eligible non-citizens may not yet have an "A"
number assigned to them. For instance, some eligible non-citizens, such
as certain trafficking victims who are minors, and certain "qualified"
battered immigrants with approved I-130 family based visa petitions (as
defined in 8 USC 1641(c)) may not yet have been assigned an Alien
Registration Number.[^34] The instructions should provide an alternative
for these immigrants. The instructions might, for example, direct
applicants to enter "0's" and submit the DHS US Citizenship and
Immigration Services (USCIS) 13-digit receipt number. Alternatively, if
the field can be expanded to accommodate a longer number (up to 13
digits), eligible non-citizens can be directed to enter their 8 or 9
digit Alien Registration number or their 13-digit USCIS receipt number.

###### Proposed Revision

Suggested language for this question is, "If you are an eligible
non-citizen, write in your eight or nine digit Alien Registration number
(A number). If you do not yet have an A number assigned, enter your
13-digit DHS receipt number." Thank you for your consideration of these
comments. Please do not hesitate to contact any of us with questions or
for further information. We can be reached at: Soraya Fata, at
202-326-0045, and Leslye Orloff, at 202-326-0041. Respectfully
Submitted. Soraya Fata Staff Attorney, Immigrant Women Program, Leslye
Orloff, Vice President and Director, Immigrant Women Program

From: Sheila Neville \[mailto:SNeville@lafla.org\]\
Sent: Monday, October 27, 2008 5:18 PM\
To: OGC Comments\
Cc: broder@nilc.org\
Subject: FAFSA comments

To Whom It May Concern. The National Immigration Law Center (NILC) and
the Legal Aid Foundation of Los Angeles (LAFLA) are submitting these
comments in response to the notice published in the Federal Register on
August 28, 2008 (73 Fed. Reg. 50785), soliciting input on the Free
Application for Federal Student Aid (FAFSA) for the 2009-2010 award
year. Our comments focus on the questions and instructions regarding
eligible non-citizens, and the submission of Social Security Numbers by
these applicants. NILC is a nonpartisan national legal advocacy
organization that works to protect and promote the rights of low-income
immigrants and their family members. Since its inception in 1979, NILC
has earned a national reputation as a leading expert on immigration law
and the employment and public benefit rights of low-income immigrants.
NILC conducts policy analysis, advocacy, and impact litigation, provides
training, publications, and offers technical assistance to a broad range
of groups throughout the United States. NILC\'s extensive knowledge of
the complex interplay between immigrants\' status and their rights under
federal public benefit laws is an important resource for immigrant
rights and community groups, as well as national advocacy groups,
policymakers, social service providers, educational institutions,
attorneys, legal aid organizations, government agencies, and the media.
The Legal Aid Foundation of Los Angeles (LAFLA) is the frontline law
firm for low-income people in Los Angeles. LAFLA promotes access to
justice and effects systemic change through representation, advocacy,
and community education. LAFLA's Immigration Unit assists immigrant
victims of domestic violence, human trafficking, torture and other
serious crimes to apply for immigration relief and government benefits.

#### Comments on FAFSA Form and Instructions

**Question 14 -- Are you a U.S. citizen?**

This question and the check boxes provided on the new form look fine. We
would like to suggest some revisions to the instructions that accompany
this question, to ensure that the eligible non-citizen category is
described accurately and to provide instructions to potentially eligible
students. (See below)

#### Question 15 -- Alien Registration Number

Some eligible non-citizens may not yet have an "A" number assigned to
them. Please see suggestions for instructions below.

Notes to Questions 14 and 15

Alen Registration Numbers:

Some eligible non-citizens, such as certain trafficking victims who are
minors, and certain "qualified" battered immigrants with approved I-130
visa petitions (as defined in 8 USC 1641(c)) may not yet have an Alien
Registration Number assigned to them. The instructions should provide an
alternative for these immigrants. They might, for example, enter "0's"
and submit the US Citizenship and Immigration Services (USCIS) 13-digit
receipt number, or if the field can be expanded to accommodate a longer
number, they could enter the USCIS receipt number.

**List of Eligible Non-Citizens**

The description of the eligible non-citizen category in the instructions
should be revised. The more accurate term "lawful permanent resident"
should replace "permanent U.S. resident."

Conditional permanent residents should be listed as a subset of lawful
permanent residents (see proposed revision below). The instructions
should include a more comprehensive list of eligible non-citizens to
ensure that these students and their financial aid officers understand
that they may apply for assistance.

*Qualified battered immigrants.* The Department of Education staff has
agreed, for example, that "qualified" battered immigrants, defined at 8
USC 1641(c), are eligible non-citizens. This group should be added to
the list in the instructions.

*Other eligible non-citizens.* The instructions should make clear that
the list of eligible non-citizens is not comprehensive. We would be
interested in working with the Department in developing a more complete
list of eligible non-citizens, perhaps for inclusion in a longer
guidance document for financial aid officers. The instructions
accompanying the FAFSA form should provide a link to that guidance
document, for students who need more information about the eligibility
categories and the documents that they may present as proof of status.

*Immigration Documents.* The references to specific immigration
documents should be deleted from this list, because eligible students
could conclude mistakenly that they do not qualify unless they have one
of the specified documents. The I-551 card, for example, is only one of
the documents that lawful permanent residents (LPRs) may have. They may
instead have a stamp in their passport, or a USCIS order granting lawful
permanent resident (LPR) status (e.g. through the Nicaraguan Adjustment
and Central American Relief Act of 1997, "NACARA"), or other documents
that prove lawful permanent resident status. Students who have been
granted asylum may not have an I-94 document, but may instead have a
decision from a court, granting asylum. Eligible trafficking victims may
not have a T visa, but instead may have a certification or eligibility
letter provided by the U.S. Office of Refugee Resettlement.

Guidance for financial aid officers could include more details on the
types of documents that eligible non-citizens may show to establish
eligibility. These instructions could offer a link to more information
on each eligible category and the documents that they may present. We
would be happy to work with the agency on developing these lists.[^35]
It will be particularly important for this guidance to include more
information on the "qualified" battered immigrant category. We would be
available to work with you on developing these instructions, e.g. by
providing materials already used by state benefits agencies.[^36] The
instructions for students could also link to that section of the
guidance**.**

Proposed Revision.

The instructions for questions 14 and 15 could be revised as follows:

"Generally you are an eligible non-citizen if you: are a lawful
permanent resident (LPR), including persons with conditional permanent
residence; were granted refugee status, asylum; were paroled into the
U.S. for at least one year; are a Cuban or Haitian entrant, a
"qualified" battered immigrant, or a victim of human trafficking. Other
non-citizens may also be eligible. For more information on the eligible
non-citizen categories and a list of documents that you may show as
evidence of your status, go to \[link to longer guidance document\]." If
you are an eligible non-citizen, write in your eight or nine digit Alien
Registration number (A number). If you do not yet have an A number
assigned, enter your 13-digit US CIS receipt number."

**Social Security Number (Question 8)**

Some eligible non-citizens may lack a regular Social Security number
(SSN). The instructions to financial aid officers should indicate the
steps that they should take to assist applicants in obtaining a non-work
SSN. We can provide guidance to the Department on the procedures used by
state agencies.[^37] Thank you for your consideration of these comments.
Please do not hesitate to contact Tanya Broder at 510-663-8282, ext.
307, Sheila Neville at 213-640-3929 or <sneville@lafla.org> if you have
any questions or need additional information. Respectfully, Tanya
Broder. Public Benefits Policy Director, National Immigration Law
Center.

[^1]: The term "renewal-eligible applicant" is used here to refer to
    students who have previously completed the regular FAFSA, but *not*
    those who have only completed the FAFSA4caster.

[^2]: Rep. Judy Biggert (R-IL): "The current Free Application for
    Federal Student Aid, or FAFSA, creates insurmountable barriers for
    unaccompanied homeless youth\--youth that are homeless and alone.
    These children do not receive financial support from their parents,
    and many do not have access to parental financial information or a
    parental signature required by the FAFSA. As a result, unaccompanied
    homeless youth are prevented from accessing the financial aid they
    need because they cannot supply the information required by the
    FAFSA. The FAFSA Fix for Homeless Kids Act addresses these barriers
    by allowing unaccompanied homeless youth to apply for federal
    financial aid without providing parental income information or a
    parent signature. This will open the doors of higher education to
    some of our nation\'s most vulnerable youth, and I am pleased that
    H.R. 2669 includes the FAFSA Fix for Homeless Kids Act.\" U.S. House
    of Representatives, Conference Report on H.R. 2669, College Cost
    Reduction and Access Act, September 7, 2007. Available from
    http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2007_record&page=H10267&position=all.
    Accessed 9/18/08.

[^3]: GAO noted that the various statutes relating to homeless and
    disconnected youth do not prescribe an age range. U.S. Government
    Accountability Office, Report to the Chairman, Committee on
    Education and Labor, House of Representatives. *Disconnected Youth -
    Federal Action Could Address Some of the Challenges Faced by Local
    Programs That Reconnect Youth to Education and Employment.*
    GAO-08-313. Washington, DC: February 28, 2008. Available from
    <http://www.gao.gov/new.items/d08313.pdf>. Accessed 9/10/08.

[^4]: NAEHCY is a national grassroots membership association serving as
    the voice and the social conscience for the education of children
    and youth in homeless situations. NAEHCY connects educators,
    parents, advocates, researchers and service providers to ensure
    school enrollment and attendance, and overall success for children
    and youth whose lives have been disrupted by the lack of safe,
    permanent and adequate housing.

[^5]: NLCHP strives to prevent and end homelessness by serving as the
    legal arm of the nationwide movement to end homelessness. To achieve
    its mission, the organization pursues three main strategies: impact
    litigation, policy advocacy, and public education. NLCHP strives to
    place homelessness in the larger context of poverty.

[^6]: Toro, P., Dworsky, A. and Fowler, P. (2007). "Homeless Youth in
    the United States: Recent Research Findings and Intervention
    Approaches" from the *2007 National Symposium on Homelessness
    Research*.

[^7]: Robertson, M. & Toro, P. (1999). "Homeless Youth: Research,
    Intervention, and Policy." *Practical Lessons: The 1998 National
    Symposium on Homelessness Research*. Washington DC: U.S. Dept. of
    Housing and Urban Development. Retrieved July 18, 2007 from
    http://aspe.os.dhhs.gov/progsys/homeless/symposium/3-Youth.htm. *See
    also* MacLean, M.G., Embry, L.E. & Cauce, A.M. (1999). "Homeless
    Adolescents' Paths to Separation from Family: Comparison of Family
    Characteristics, Psychological Adjustment, and Victimization."
    *Journal of Community Psychology*, 27(2), 179-187.

[^8]: Robertson & Toro, *supra*, note 10.

[^9]: Bernstein, N., *supra* note 1.

[^10]: For example, the current form fails to list qualified battered
    immigrants.

[^11]: *See* Department of Justice, Verification of Eligibility for
    Public Benefits, INS No. 1902--98; AG Order No. 2170--98\] RIN
    1115--AE99, 63 (No. 149) Federal Register 41662, 41678 and 41682
    (August 4, 1998) (Recognizes that some immigrants eligible for
    public benefits will not have social security numbers. Using terms
    like "if applicable" and "to the extent authorized by law,"
    respectively).

[^12]: *See* Social Security Administration operating procedures,
    Program Operations Manual Systems POMS \# RM 00203.510 (copy
    attached).

[^13]: *See* e.g., California\'s All-County Information Notice ACIN
    I-54-01 (July 10, 2001) (procedures used by State agencies in
    assisting non-citizens in obtaining non-work SSN)
    <http://www.cdss.ca.gov/foodstamps/entres/getinfo/acin01/pdf/I-54_01.pdf>  and
    Washington State\'s sample letter requesting non-work SSNs
    <http://www.dshs.wa.gov/pdf/esa/manual/DSHSLetterRequestingNonWorkSSN.pdf>.

[^14]: Conditional permanent residents have received lawful permanent
    residence and have been granted resident alien cards ("green
    cards"). Conditional residents have the same access to public
    benefits as all other lawful permanent residents. See, 8 U.S.C.
    1641.

[^15]: The Higher Education Act of 1965 (Pub. L. No. 89-329), Title IV
    (1965); See also generally, Amendments to the Higher education Act
    of 1965 (Pub. L. 105-244) (1998).

[^16]: Id.

[^17]: Derivative beneficiaries.

[^18]: *See* 8 U.S.C. 1641; *See also* Interim Guidance, 62 Federal
    Register, 61344, 61345, 61348 (November 17, 1997).

[^19]: Id.

[^20]: Id.

[^21]: *See* 8 USC 1641(c) for the definition of a Qualified battered
    immigrant. Generally the perpetrator of the battering or extreme
    cruelty a U.S. citizen or lawful permanent resident spouse or
    parent, however public benefits eligibility also extents to
    immigrant victims abused by family members residing in the same
    household under certain circumstances.

[^22]: See Letter sent by Pearl S. Chang of the policy staff at the
    Department of Homeland Security, Citizenship and Immigration
    Services responsible for implementing VAWA to Patricia S. Arnaudo
    Office of Public Housing -- Management & Occupancy Division, U.S.
    Department of Housing and Urban Development on May 5^th^ 2005.

[^23]: Children of VAWA cancellation of removal recipients will qualify
    for benefits as qualified immigrant parolees.

[^24]: A lawful permanent resident spouse may have filed the application
    and the immigrant wife may be a victim of sexual assault perpetrated
    by the spouse's father or brother with whom they share a residence.

[^25]: Trafficking Victims Protection Act, Section 107 (b) (T-visa
    applicants and trafficking victims who have been granted continued
    presence).

[^26]: Victims and family member derivative beneficiaries with
    certification or eligibility letters do not need to separately
    provide any other documentation of immigration status eligibility.

[^27]: E.g. U.S. Department of Justice, "Interim Guidance on
    Verification of Citizenship, Qualified Alien Status and Eligibility
    Under Title IV of the Personal Responsibility and Work Opportunity
    Reconciliation Act of 1996," 62 Fed. Reg. 61344, 61344-61346 (Nov.
    17, 1997); *See also Self-Petitioning Regulations 61 Fed Reg 13061
    (March 26, 1996 and Family Violence Option regulations HHS.*

[^28]: U.S. Department of Justice, "Interim Guidance on Verification of
    Citizenship, Qualified Alien Status and Eligibility Under Title IV
    of the Personal Responsibility and Work Opportunity Reconciliation
    Act of 1996," 62 Fed. Reg. 61344, 61369 (Nov. 17, 1997).

[^29]: *See generally*, U.S. Department of Justice, "Interim Guidance on
    Verification of Citizenship, Qualified Alien Status and Eligibility
    Under Title IV of the Personal Responsibility and Work Opportunity
    Reconciliation Act of 1996," 62 Fed. Reg. 61344-613416 (Nov. 17,
    1997); *see also* the Washington** **State\'s** **Department of
    Social and Health Services, EAZ Manual (providing link to
    non-comprehensive list of typical documents,** **from the National
    Immigration Law Center\'s ** **\"Guide to Immigrant Eligibility for
    Federal Programs") at
    <http://www.dshs.wa.gov/manuals/eaz/sections/CitizenAppendix_II.shtml>;
    *see also* U.S. Department of Education, "Eligibility for Title IV
    Program Assistance for Victims of Human Trafficking,"
    http://www.ifap.ed.gov/dpcletters/attachments/GEN0609.pdf.

[^30]: This can be a receipt notice, a prima facie determination, or an
    approval of an I-360 self-petition listing the self-petitioner and
    any children included in the application.

[^31]: This can be a receipt notice, a prima facie determination, or an
    approval of an I-130 filed on behalf of the immigrant applicant for
    benefits and may also include children of the applicant.

[^32]: *See* samples at: Vol. 62 No 221 Federal Register 61380
    (Executive Office of Immigration Review --EOIR Fax Back) and Vol. 62
    No 221 Federal Register 61381-61383 (Vermont Service Center DHS Fax
    Back). These samples should be retyped on financial aid office or
    DOE stationary and submitted to DHS for verification. Special rules
    for verification apply in cases of qualified battered immigrants,
    T-visa and U-visa holders in order to comply with the requirements
    of VAWA Confidentiality. These cases will not appear in the SAVE
    verification system; *see also* Department of Justice, Verification
    of Eligibility for Public Benefits, INS No. 1902--98; AG Order No.
    2170--98\] RIN 1115--AE99, Vol. 63 No. 149 Federal Register 41662,
    41671, 41672 August 4, 1998.

    ^21^ For a list of documents used by state benefits agencies to
    establish qualified battered immigrant status, *See e.g.,*
    California Department of Social Services All-County Letter 00-07
    (January 5, 2000) describing qualified battered immigrant category
    and some of the documents used to establish this status**: 
    <http://www.dss.cahwnet.gov/lettersnotices/entres/getinfo/acl00/pdf/00-07.PDF>;**
    California\'s All-County Information Notice I-89-00 (September 11,
    2000)(clarifying that there is no need for qualified battered
    immigrants to have current deferred action status)
    **<http://www.cdss.ca.gov/lettersnotices/entres/getinfo/acin00/pdf/I-89_00.pdf>.**

[^33]:

[^34]: Department of Justice, Verification of Eligibility for Public
    Benefits, 63 (No. 149) Federal Register 41662, 41671, and 41672
    (August 4, 1998) **INS No. 1902--98; AG Order No. 2170--98\] RIN
    1115--AE99**, recognizes that, "an alien registration number is to
    be included if applicable." (63 Federal Register 41678) and states
    that an alien number, "if any" should be included in the application
    for benefits. (63 Federal Register 41683).

[^35]: *See generally*, U.S. Department of Justice, "Interim Guidance on
    Verification of Citizenship, Qualified Alien Status and Eligibility
    Under Title IV of the Personal Responsibility and Work Opportunity
    Reconciliation Act of 1996," 62 Fed. Reg. 61344-613416 (Nov. 17,
    1997); Washington** **State\'s** **Department of Social and Health
    Services, EAZ Manual (providing link to non-comprehensive list of
    typical documents,** **from the National Immigration Law
    Center\'s ** **\"Guide to Immigrant Eligibility for Federal
    Programs") at
    <http://www.dshs.wa.gov/manuals/eaz/sections/CitizenAppendix_II.shtml>;
    U.S. Department of Education, "Eligibility for Title IV Program
    Assistance for Victims of Human Trafficking,"

    http://www.ifap.ed.gov/dpcletters/attachments/GEN0609.pdf

[^36]:
    > See, e.g. California Department of Social Services All-County
    > Letter 00-07 (January 5, 2000) describing qualified battered
    > immigrant category and some of the documents used to establish
    > this status**: 
    > <http://www.dss.cahwnet.gov/lettersnotices/entres/getinfo/acl00/pdf/00-07.PDF>;**
    > California\'s All-County Information Notice I-89-00 (September 11,
    > 2000)(clarifying that there is no need for qualified battered
    > immigrants to have current deferred action status)
    > **<http://www.cdss.ca.gov/lettersnotices/entres/getinfo/acin00/pdf/I-89_00.pdf>.**

[^37]:
    > See, e.g., California\'s All-County Information Notice ACIN
    > I-54-01 (July 10, 2001)(assisting non-citizens in obtaining
    > non-work SSN)
    > <http://www.cdss.ca.gov/foodstamps/entres/getinfo/acin01/pdf/I-54_01.pdf>  and
    > Washington State\'s sample letter requesting Non-work SSN
    > <http://www.dshs.wa.gov/pdf/esa/manual/DSHSLetterRequestingNonWorkSSN.pdf>.