Hello -

Federal - not State - tax forms can be used to document low income due to the taxable income listed on the federal form that is to be compared to the TRiO low income levels. See the regulations below:

Regulation / Statute Requiring Documentation of Low-Income Status

20 U.S.C. § 1070a-11(e) (part of the statutory TRIO umbrella authority) spells out how a student’s status as a “low-income individual” must be documented. 

The text states:

“Except in the case of an independent student … documentation of an individual’s status … shall be made by providing the Secretary with—

(A) a signed statement from the individual’s parent or legal guardian;

(B) verification from another governmental source;

(C) a signed financial aid application; or

(D) a signed U.S. or Puerto Rico income tax return.” 

And for independent students, the same kinds of documents apply (but from the student instead of the parent). 

Also, the statute includes a special rule that homeless youth or foster care youth are eligible without needing the usual income documentation. 

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Regulatory Definition of “Low-Income Individual” in TRIO Regulations

In addition to the statute, the TRIO program regulations define “low-income individual” consistently across programs. For example, in 34 CFR Part 646 (SSS program):

“Low-income individual means an individual whose family’s taxable income did not exceed 150 percent of the poverty level amount in the calendar year preceding the year in which the individual initially participated in the project.” 

So, combining the statute and regulation gives you both how low-income is defined, and how it must be documented.

Howdy! Below are the answers to all your questions above:

Not sure which specific TRIO program you are with so I'm copying and pasting the ones specific to SSS and UB here below and then then the citations for the other programs. Bottom-line: It's all about the natural or adoptive Parents across all the TRIO Programs - not based on any other relative or the grandparents - unless they are the adoptive parents. Note for SSS below, students that did not live with or receive support from a natural or an adoptive parent is automatically considered a first-generation college student.

SSS Regulations:

§ 646.7 What definitions apply?

34 CFR 646.7(b) “First generation college student”

https:/​/​www.ecfr.gov/​current/​title-34/​part-646#p-646.7(b)(First​%20generation​%20college​%20student)

First generation college student   means—

(1) A student neither of whose natural or adoptive parents received a baccalaureate degree;

(2) A student who, prior to the age of 18, regularly resided with and received support from only one parent and whose supporting parent did not receive a baccalaureate degree; or

(3) An individual who, prior to the age of 18, did not regularly reside with or receive support from a natural or an adoptive parent.

UB Regulations:

§ 645.6 What definitions apply to the Upward Bound Program?

https://www.ecfr.gov/current/title-34/part-645#p-645.6(b)(Participant)

Potential first-generation college   student means—

(1) An individual neither of whose natural or adoptive parents received a baccalaureate degree; or

(2) A student who, prior to the age of 18, regularly resided with and received support from only one natural or adoptive parent and whose supporting parent did not receive a baccalaureate degree.

Also - across all TRIO Programs:

1. Statutory Basis

The Higher Education Act (HEA), Section 402A(f), provides the statutory definition of a first-generation college student:“The term ‘first-generation college student’ means—(1) an individual both of whose parents did not complete a baccalaureate degree; or(2) in the case of any individual who regularly resided with and received support from only one parent, an individual whose parent did not complete a baccalaureate degree.”

2. Regulatory Basis

The statutory definition of 'first-generation college student' is found in the Higher Education Act of 1965, Sec. 402A(f). This definition is incorporated into TRIO regulations at:

- 34 CFR § 643.7 (Talent Search – TS)

- 34 CFR § 644.7 (Educational Opportunity Centers – EOC)

- 34 CFR § 645.6 (Upward Bound – UB)

- 34 CFR § 646.7 (Student Support Services – SSS)

- 34 CFR § 647.7 (McNair Postbaccalaureate Achievement)

3. ED Guidance & Clarification

While the statute and regulations do not explicitly address whether foreign degrees count, the U.S. Department of Education has consistently clarified in program guidance and technical assistance that the location of the degree is irrelevant. If a parent has earned a bachelor’s degree—whether in the United States or abroad—the student is not considered first-generation. This clarification has been provided in:

- Annual TRIO Project Directors’ Conferences (ED Program Specialists’ TA sessions)

- TRIO Training workshops hosted by ED-funded training providers

- COE-published FAQs and guidance documents citing ED’s position.

The consistent ED response: 'If a parent has earned a bachelor’s degree, regardless of the country where it was earned, the student is not considered first-generation.'