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3.5C. Eligible Expenses and Institutions
Answer
The term "institution of higher education" is defined in 20 U.S.C. 1001. The U.S. Department of Education, Office of Postsecondary Education, can help States determine which institutions meet the law's criteria. In general, the term means an educational institution in any State that (1) admits as regular students only persons with a high school diploma or recognized equivalent (such as a General Equivalency Degree (GED)), (2) is legally authorized by the State to provide postsecondary education; (3) provides an educational program for which the institution awards a bachelor's degree or at least a two-year program (e.g., an associate degree) that is acceptable for full credit toward such a degree or awards a degree that is acceptable for admission to a graduate or professional degree program, (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association or has been granted pre-accreditation status recognized by the Secretary for the granting of pre-accreditation status and the Secretary has determined that there is a satisfactory assurance that the institution will meet the accreditation standards of the agency or association within a reasonable time. The definition also includes any school that provides a 1-year program of training to prepare students for gainful employment in a recognized occupation; (2) a public or nonprofit private educational institution in any State that admits as regular students individuals (A) who are beyond the age of compulsory school attendance in the State in which the institution is located; or (B) who will be dually or concurrently enrolled in the institution and a secondary school.
Source/Date
4/4/2005; revised 9/29/26
Legal and Related References
HEA of 1965 § section 101 and 102
Answer
"Cost of attendance" is defined in 20 U.S. Code § 1087ll and includes, but is not limited to: tuition and fees normally assessed a student carrying the same academic workload, including costs for rental or purchase of any equipment, materials, or supplies required of all students in the same course of study; an allowance for books, supplies, transportation, and miscellaneous personal expenses, including a reasonable allowance for the documented rental or purchase of a personal computer; an allowance for room and board costs; dependent care; disability-related expenses; loan fees and professional licensure.
Source/Date
4/4/2005; revised 9/29/2026
Legal and Related References
Higher Education Act of 1965, as amended § section 472; Social Security Act § section 477(i)(4)
Answer
According to the Higher Education Act of 1965, as amended, if the youth has at least one child, the cost of attendance includes an allowance for child care expenses. The institution must determine the actual allowance, if any, for child care expenses. The institution's determination must be based on the number and age of the youth's child(ren) and may not exceed the reasonable cost for child care in the community where the youth lives. The expenses may cover, but are not limited to, child care necessary for class attendance, periods of study, field-work, internships, and commuting time.
Source/Date
4/4/2005
Legal and Related References
Higher Education Act of 1965 § section 472
Answer
There is no statutory definition of allowable transportation expenses. The institution may determine the amount of transportation expenses, if any, to allow in determining the cost of attendance. The State should consult with the institution to determine which expenses are allowable and appropriate. If expenses related to the student's personal vehicle are not a part of the cost of attendance, they are not an allowable expense under the voucher program. The State may pay for costs, such as a youth's car insurance or car repairs, that are reasonable and necessary for the youth to become independent or attend classes out of regular Chafee program funds.
Source/Date
4/4/2005
Legal and Related References
Social Security Act § section 477
Answer
No. Fundamental principles of both appropriations law and grants management policy dictate that funds are not available for expenditure or obligation by the grantee (in this case, the State or Tribe) until they are awarded to the grantee. Accordingly, funds cannot be expended by a grantee for costs incurred prior to the effective date of the grant award. The use of a current fiscal year's ETV funds to finance a youth's educational or vocational loans that were incurred prior to the awarding of grant funds is prohibited.
Source/Date
4/4/2005; revised 9/29/26
Legal and Related References
Social Security Act § section 477; GAO/OGC-91-5, Vol. 1, Chapter 5
Answer
Yes to both questions. Consistent with section 474(a)(4) of the Social Security Act, an agency will be reimbursed for 80 percent of the amount of a youth's voucher, up to the $5,000 per year/per youth maximum. The agency is responsible for a 20 percent match up to that limit. Additional non-Federal or other funds may be used for this purpose.
Source/Date
4/4/2005; revised 9/29/26
Legal and Related References
Social Security Act § section 474(a)(4)
Answer
Since the law does not define the term "year" as applied to the $5,000 ceiling, the State and Tribe have the discretion to decide the 12-month period to which to apply the ceiling. Accordingly, the voucher amount of up to $5,000 per year/per youth may be for any 12-month period of the State's or Tribe's choosing. It should be noted, however, that the funds must be spent within the two-year expenditure period that is based on the Federal fiscal year.
Source/Date
4/4/2005; revised 9/29/26
Legal and Related References
Social Security Act § section 474(i)(B)(4)
Answer
Typically, no, because Chafee requires that a youth attend an institution of higher education, as defined in section 102 of the Higher Education Act (HEA) of 1965, as amended. Among other things, HEA defines what constitutes an "institution of higher learning" based on certain criteria. We encourage the State to consult the specific community college or institution of higher education about whether such a youth is considered a student for whom the institution can calculate the cost of attendance and whether the college or institution of higher education meets the criteria in sections 101 and 102 of HEA.
Source/Date
4/4/2005
Legal and Related References
Social Security Act - Section 477(i); Higher Education Act of 1965, as amended - Section 472