N.J. Stat. tit. 18A, ch. 71B

in effect

N.J. Stat. § 18A:71B-1 Eligible institution defined.

18A:71B-1. Eligible Institution Defined. Unless otherwise restricted by the authority by regulation, "eligible institution" for purposes of this chapter only means an institution of higher education in this State that is licensed by the Commission on Higher Education and accredited or preaccredited by a nationally recognized accrediting association. Eligible institution shall also include certain proprietary institutions but only for certain degree granting programs as approved by the commission. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-2 Student eligibility.

18A:71B-2. a. A student who is enrolled in an eligible institution and who is eligible for and receives any form of student financial aid through a program administered by the State under this chapter shall be considered to remain domiciled in New Jersey and eligible for continued financial assistance notwithstanding the fact that the student is financially dependent upon the student's parents or guardians and that the parents or guardians change their domicile to another State. b. A person shall not be awarded financial aid under this chapter unless the person has been a resident of this State for a period of not less than 12 months immediately prior to receiving the financial aid. c. A person shall not be awarded student financial aid under this chapter unless the person is a United States citizen or eligible noncitizen, as determined under 20 U.S.C.s.1091. The authority shall determine whether persons who were eligible noncitizens prior to the effective date of the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," Pub.L.104-193, but not after that date, shall continue to be eligible for student financial aid under this chapter. d. A person who is incarcerated shall be eligible for student financial aid under this chapter provided that: (1) the person had been a resident of this State for a period of not less than 12 months immediately prior to the date of incarceration; (2) the person is a State-sentenced inmate; and (3) the person receives approval from the Department of Corrections to enroll in an eligible institution. Amended 2019, c.282.

N.J. Stat. § 18A:71B-2.1 Eligibility for State student financial assistance programs.

1. a. Notwithstanding the provisions of N.J.S.18A:71B-2 or any other law or regulation to the contrary, a student who meets the requirements of P.L.2013, c.170 (C.18A:62-4.4), or in the case of a student enrolled in an independent institution of higher education meets all of the requirements of P.L.2013, c.170 (C.18A:62-4.4) except for the requirement to enroll in a public institution of higher education, is eligible to apply for, and participate in, any student financial aid program administered by the Higher Education Student Assistance Authority or the Secretary of Higher Education to the full extent permitted by federal law. The Legislature finds and declares that this section is a state law within the meaning of section 411(d) of the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996" (8 U.S.C. s.1621(d)). b. The Higher Education Student Assistance Authority and the Secretary of Higher Education shall establish procedures and forms that enable students who meet the requirements of subsection a. of this section to apply for, and participate in, all student financial aid programs administered by the Higher Education Student Assistance Authority and the Secretary of Higher Education to the full extent permitted by federal law. The procedures and forms shall be posted on the websites of the Higher Education Student Assistance Authority and the Office of the Secretary of Higher Education. c. The procedures and forms established by the Higher Education Student Assistance Authority and the Secretary of Higher Education pursuant to this section shall not discriminate against eligible students based on the immigration status or national origin of the student or the student's parent or guardian. d. Except as required by State or federal law, the Higher Education Student Assistance Authority and the Secretary of Higher Education shall not request information from any student about the citizenship or immigration status of the student or the student's parent or guardian. e. The Higher Education Student Assistance Authority and the Secretary of Higher Education shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this act. L.2018, c.12, s.1.

N.J. Stat. § 18A:71B-2.2 Short title.

1. This act shall be known and may be cited as the "Higher Education Citizenship Equality Act." L.2019, c.383, s.1.

N.J. Stat. § 18A:71B-2.3 Criteria for determining eligibility for State student grant, scholarship.

2. a. A dependent student shall be considered domiciled in this State for the purposes of determining eligibility for a State student grant or scholarship if the student meets the following criteria: (1) the student is a United States citizen or an eligible noncitizen, as determined under 20 U.S.C. s.1091; (2) the student and the student's parent have resided in the State for a period of not less than 12 consecutive months immediately prior to the academic period for which State student assistance is being requested; and (3) the student's parent or guardian provides the Higher Education Student Assistance Authority, upon request, with documentation to verify income and assets. b. Any procedures and forms established by the Higher Education Student Assistance Authority and the Secretary of Higher Education for the purposes of this section shall not discriminate against eligible students based on the immigration status or national origin of the student or the student's parent or guardian. c. Nothing in this section shall be construed to affect the eligibility for a State student grant or scholarship of any student who does not meet the requirements of this section but is otherwise eligible for State student assistance in accordance with law or regulation. L.2019, c.383, s.2.

N.J. Stat. § 18A:71B-2.4 HESSA to exclude spring 2020 semester for lifetime eligibility of financial aid.

1. The Higher Education Student Assistance Authority shall exclude the spring 2020 semester from a student's total lifetime eligibility limits for all State financial aid programs administered pursuant to N.J.S.18A:71B-1 et seq., if the student was unable to complete the semester due to the public health state of emergency declared to exist in New Jersey by Executive Order 103 dated March 9, 2020. L.2020, c.31, s.1.

N.J. Stat. § 18A:71B-2.5 Parents of dependent students required to submit financial information.

1. a. In the event that a student who is enrolled in or planning to enroll in an institution of higher education in the State is considered by the Higher Education Student Assistance Authority to be a dependent of his parent, and the student seeks to apply for any student financial aid programs offered by the federal or State government, the student's parent shall provide the Higher Education Student Assistance Authority with a completed financial aid application. b. Each institution of higher education shall notify the executive director of the Higher Education Student Assistance Authority of all students who report that their parent has refused to provide information to complete a financial aid application in accordance with subsection a. of this section. The executive director shall send written notification to those parents that failure to submit a completed financial aid application on behalf of a dependent will result in the assessment of a civil penalty pursuant to subsection c. of this section. c. Any person who willfully fails to disclose information required pursuant to subsection a. of this section shall be subject to a civil penalty of not more than $500 which shall be collected in proceedings in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). d. (1) Any civil penalty collected pursuant to subsection c. of this section shall be conveyed to the authority to transfer to the student's account at the institution of higher education at which the student is enrolled or is planning to enroll. (2) In the event that a student does not enroll, or is no longer enrolled, at an institution of higher education at the time a civil penalty is collected pursuant to subsection c. of this section, the civil penalty shall be made available to the authority for the purposes of student assistance programs administered by the authority. L.2020, c.82.

N.J. Stat. § 18A:71B-2.6 Certain students qualified for student financial aid, grant, scholarship program.

2. Notwithstanding the provisions of any other section of law to the contrary, a student who is a victim of trafficking, domestic violence, or other serious crime who has been granted a status under 8 U.S.C. s.1101 (a)(15)(T) or 8 U.S.C. s.1101 (a)(15)(U) shall be eligible to participate in any student financial aid, grant, or scholarship program under chapter 71B of Title 18A of the New Jersey Statutes, provided the student meets the conditions set forth in paragraphs (1) through (4) of subsection a. of section 1 of P.L.2013, c.170 (C.18A:62-4.4). L. 2021, c.341, s.2.

N.J. Stat. § 18A:71B-3 Discrimination forbidden.

18A:71B-3. Financial aid under this chapter shall be awarded without regard to race, religion, creed, age, sex, national origin, or disability. Amended 2017, c.131, s.57.

N.J. Stat. § 18A:71B-4 Academic year defined.

18A:71B-4. Academic Year Defined. a. An academic year for the purpose of this chapter means the period between the time the institution which the student is attending opens after the general summer vacation until the beginning of the next succeeding summer vacation. b. In case an institution operates on a full calendar-year program, the academic year shall be determined in accordance with rules adopted by the authority, but in no case shall be less than one-fifth of the time required for the completion of a five-year program, or one-fourth of the time required for the four-year program in an institution operating on an academic year as defined in subsection a. of this section. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-5 Notification of authority in the case of withdrawal or change in status.

18A:71B-5. Notification of Authority in the Case of Withdrawal or Change in Status. In the event a student for any reason ceases to continue to be enrolled or otherwise becomes ineligible during the course of an academic year, the student shall cease to be eligible for financial aid under this chapter. Both the student and the institution shall have the responsibility to notify the authority when a student ceases to be eligible to receive student assistance because of withdrawal for any reason or a change in status from a full to part-time student. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-5.1 Waiver of amounts student required to return to HESAA.

2. The Higher Education Student Assistance Authority shall waive the amounts that a student is required to return under N.J.S.18A:71B-5, if the institution has already disbursed the student's State financial aid and the student withdraws or reduces his credits to below full-time, or in the case of a part-time State tuition aid grant reduces his credits to below half-time, due to the public health state of emergency declared to exist in New Jersey by Executive Order 103 dated March 9, 2020. L.2020, c.31, s.2.

N.J. Stat. § 18A:71B-7 Rules and regulations.

18A:71B-7. Rules and Regulations. The Higher Education Student Assistance Authority shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), which are necessary to carry out the provisions of N.J.S.18A:71B-6. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-8 Compliance with terms and conditions of financial aid.

18A:71B-8. Compliance with Terms and Conditions of Financial Aid. A person shall not be awarded financial aid under this chapter unless the person has complied with all the regulations, rules, and requirements adopted by the authority for the award, regulation and administration of financial aid programs under this chapter. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-9 False information; penalty.

18A:71B-9. False Information; Penalty. A person who knowingly and willfully furnishes any false or misleading information for the purpose of obtaining a scholarship or tuition assistance grant, or of enabling another to obtain a scholarship or tuition assistance grant under any program administered by the authority shall be guilty of a crime of the fourth degree. A statement to this effect shall be distributed with all State application forms utilized for any State scholarship or grant programs administered by the authority. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-10 Collection of overpayments and ineligible payments of financial aid.

18A:71B-10. Collection of Overpayments and Ineligible Payments of Financial Aid. Because the institution is responsible for ensuring a student's eligibility for financial aid awarded under this chapter, the institution shall be responsible for collecting any State awards which are overpayments or any State awards for which the student is ineligible in whole or in part. In the event an institution is unable to collect an overpayment or ineligible payment from the student, the institution may request the authority to collect the debt from the student. If the institution demonstrates to the authority that it has made a good faith effort to collect the debt, the authority may, on a case by case basis, approve this request. If the authority approves this request from an institution, the authority may use collection procedures that include, but are not limited to, the procedures set forth under N.J.S.18A:71C-1 through N.J.S.18A:71C-20. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-11 Scholarships created.

18A:71B-11. Scholarships Created. There are hereby created Garden State Scholarships which shall be maintained by the State, awarded to secondary school students with records of distinguished achievement and promise, and used for undergraduate study in eligible institutions. These scholarships may be awarded on the basis of indicators of academic merit defined by the authority without consideration of financial need. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-12 Administration by the authority.

18A:71B-12. Administration by the Authority. The authority shall administer the provisions of this article, establish criteria, methodology and guidelines for awarding Garden State Scholarships, adopt rules and regulations, and prescribe and provide appropriate forms for application for Garden State Scholarships. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-13 Criteria, methodology and guidelines; revisions.

18A:71B-13. Criteria, Methodology and Guidelines; Revisions. Any revisions to criteria, methodology and guidelines in effect at the date this act becomes effective shall, after consultation with the Commission on Higher Education, be submitted to the Legislature by the authority, together with appropriate supporting information, and the criteria, methodology, and guidelines shall be deemed approved by the Legislature at the end of 60 calendar days after the date on which they are transmitted to the Legislature, or if the Legislature is not in session on the sixtieth day, then on the next succeeding day on which it is meeting, unless between the date of transmittal and the end of the 60-day period the Legislature passes a concurrent resolution rejecting the criteria, methodology and guidelines in which case the criteria, methodology and guidelines then in effect shall continue in effect. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-14 Award of scholarships.

18A:71B-14. Award of Scholarships. As determined by the authority and subject to the amount of appropriations available therefor, a Garden State Scholarship shall be awarded annually to each eligible New Jersey resident enrolled as a full-time undergraduate in a curriculum leading to a degree or certificate in an eligible institution. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-15 Renewal of scholarships.

18A:71B-15. Renewal of Scholarships. Each Garden State Scholarship awarded shall be renewable annually for up to four years except that, in the case of a scholarship holder who is enrolled in a course of study required by the institution to cover five years, the period of the scholarship shall be the length of time regularly required for the completion of the course of study, but each scholarship shall remain in effect only during such period as the undergraduate holder thereof achieves satisfactory academic progress as defined by the institution, continues to meet the eligibility criteria and guidelines established pursuant to N.J.S.18A:71B-12, and is regularly enrolled as a full-time student in an eligible institution. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-16 Amount of scholarship; payments.

18A:71B-16. Amount of Scholarship; Payments. A Garden State Scholarship shall entitle the recipient to an award in an amount established by the authority pursuant to N.J.S.18A:71B-12, and subject to the amount of appropriations available therefor. Payments under this article shall be made by the State Treasurer on the order of the executive director in accordance with the rules adopted by the authority. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-17 Limitation.

18A:71B-17. Limitation. A Garden State Scholarship shall not, when combined with any other financial assistance, exceed, except for a nominal amount as determined by the authority, the student's cost of attendance at the institution where the grants are used. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-18 Grants created; use.

18A:71B-18. Grants Created; Use. There are hereby created State tuition aid grants which shall be maintained by the State, awarded and administered pursuant to this act, and used by the holders thereof for undergraduate study in eligible institutions. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-19 Administration of provisions.

18A:71B-19. Administration of Provisions. The authority shall administer the provisions of this article, adopt rules and regulations, and prescribe and provide appropriate forms for application for State tuition aid grants. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-19.1 Provision of certain information by certain institutions.

1. An institution of higher education and a proprietary degree-granting institution shall annually provide the Higher Education Student Assistance Authority with detailed information on the graduation rates of State tuition aid grant recipients. In the case of a county college, the college shall also provide the authority with the transfer rates of the State tuition aid grant recipients. An institution shall provide the information in such form as determined by the authority. The authority shall post the information provided by each institution for public inspection on its website. L.2016, c.47, s.1.

N.J. Stat. § 18A:71B-20 Eligibility, prerequisite.

18A:71B-20. a. A State tuition aid grant shall be awarded annually to each eligible, qualified full-time undergraduate student enrolled in a curriculum leading to a degree or certificate in an eligible institution, or in an institution of higher education in another state, provided that state permits its residents to utilize its state student financial assistance grants in New Jersey institutions of higher education through reciprocity agreements approved by the authority. In no event shall a State tuition aid grant be utilized at an out-of-State institution which is not licensed by that state and accredited by a regional accrediting association recognized by a national accrediting organization. b. To each New Jersey resident enrolled as a full-time student, except as otherwise provided in subsection d. of this section, and meeting the other requirements for eligibility under this chapter, the State shall grant an amount as provided in N.J.S.18A:71B-21. A student shall not be eligible for a grant unless the application is in a form satisfactory to the authority. A student shall not be eligible for grants for more than four and one-half academic years, unless the recipient is enrolled in an undergraduate program regularly requiring five academic years for completion, in which case the authority shall permit five and one-half years of eligibility. Notwithstanding the foregoing provisions, a student receiving aid under the provisions of P.L.1968, c.142 (C.18A:71-28 et seq.) shall be entitled to a sixth year of eligibility. Notwithstanding the foregoing provisions, a county college student who transfers to a four-year institution, or any student who is required to pursue 18 or more credit hours in a remedial or developmental curriculum, as defined by regulations adopted by the authority, is entitled to an additional half year of eligibility. For the purpose of this article, a remedial curriculum shall include only noncredit courses in which a student is directed to enroll by the institution. Eligibility for tuition aid grants may be extended to part-time students through regulations developed by the authority if funds are separately appropriated for this purpose. A student shall not be eligible for grants unless the student maintains such minimum standards of academic performance as are required by the institution of enrollment. A student who is enrolled in a course leading to a degree in theology or divinity shall not be eligible for a tuition aid grant. c. A person shall not be awarded a State tuition aid grant unless that person: (1) satisfies the residency and other requirements provided in article 1 of this part; (2) has applied for State tuition aid and has been determined by the authority to be eligible for the tuition aid; (3) has demonstrated financial need for the tuition aid as determined by and in accordance with standards to be established by the authority; and (4) maintains satisfactory academic progress in accordance with standards established by the authority. d. Eligibility criteria for summer tuition aid grants awarded pursuant to section 2 of P.L.2023, c.34 (C.18A:71B-20a) shall conform to the requirements of this section and shall include the following additional eligibility criteria: (1) the student is enrolled in six or more credit hours in the summer term; (2) the courses for which the summer tuition aid grant is to be applied are in the same undergraduate program at the same institution in which the student was enrolled during the student's most recent semester of enrollment in the preceding academic year; and (3) the courses for which the summer tuition aid grant is to be applied may be credited toward the student's graduation or academic major requirements. L.1999,c.46,s.1; amended 2023, c.34, s.1; 2023, c.283, s.1.

N.J. Stat. § 18A:71B-20a Summer tuition aid grants.

2. a. The authority shall annually award summer tuition aid grants for eligible students pursuant to N.J.S.18A:71B-20. A summer tuition aid grant shall be applied toward the tuition costs outside of the academic year, as defined in N.J.S.18A:71B-4. The receipt of a summer tuition aid grant shall not: (1) reduce the amount of a tuition aid grant awarded to the student during the academic year; (2) be included when determining the student's maximum tuition aid grant awards pursuant to subsection b. of this section; or (3) otherwise adversely affect the student's eligibility for an award under this chapter. b. A summer tuition aid grant shall be prorated against the full-time tuition aid grant awarded in the preceding semester as follows: an eligible student enrolled with six to eight credits shall receive one-half of the value of a full-time award, and an eligible student enrolled with nine to 11 credits shall receive three-quarters of a full-time award. c. Summer tuition aid grants awarded for the summer 2023 semester pursuant to this section shall be funded by the appropriation made to the authority pursuant to section 3 of P.L.2023, c.34 and any additional amounts as may be required from the unexpended balance of funds previously awarded for tuition aid grants as of the effective date of P.L.2023, c.34 (C.18A:71B-20 et al.). The Legislature may award funds in addition to those appropriated to the authority pursuant to section 3 of P.L.2023, c.34 by a separate line item. d. Summer tuition aid grants awarded for the summer 2024 semester pursuant to this section shall be funded by any amounts as may be required from the unexpended balance of funds appropriated in fiscal year 2024 for the purpose of providing tuition aid grants in the fall 2023 and spring 2024 semesters. The Legislature may appropriate additional funds to the authority as may be necessary to fund summer tuition aid grants awarded for the summer 2024 semester pursuant to this section by a separate line item. e. Beginning with the summer 2025 semester, summer tuition aid grants awarded pursuant to this section shall be funded by a separate line item in the annual appropriations act. L.2023, c.34, s.2; amended 2023, c.283, s.2.

N.J. Stat. § 18A:71B-20.1 Tuition aid grant eligibility for children of persons transferred to a military installation in New Jersey.

1. Notwithstanding the provisions of section 1 of P.L.1979, c.361 (C.18A:62-4) or any other law to the contrary, a dependent child of a parent or guardian who has been transferred to a military installation located in this State shall be considered a resident of this State for the purposes of qualifying for a State tuition aid grant pursuant to N.J.S.18A:71B-18 et seq. L.2005,c.60.

N.J. Stat. § 18A:71B-20.2 Certain information solicited from financial aid applicant.

1. The Higher Education Student Assistance Authority shall solicit from a financial aid applicant, information on whether he received an early withdrawal from a qualified retirement plan under the Internal Revenue Code of 1986, such as an individual retirement account or a 401(k) plan, and the amount thereof. If an early withdrawal was received, the amount of the early withdrawal, less the amount of any federal income tax credit claimed by the applicant for a tax penalty assessed on the early withdrawal, shall be deducted from the adjusted gross income utilized by the authority to determine the applicant's eligibility for, and the amount of, a State tuition aid grant. This exclusion shall only be permitted if the applicant provides documentation that the early withdrawal was taken due to an economic hardship, as determined by the authority. L.2017, c.384, s.1.

N.J. Stat. § 18A:71B-21 Amount of grant; reduction of award.

18A:71B-21. Amount of Grant; Reduction of Award. a. The amount of a tuition aid grant awarded under this article to any student attending an eligible institution shall be established by the authority, but shall not exceed the maximum amount of tuition normally charged at a public institution of higher education for students attending that institution or 50% of the average tuition normally charged at the independent institutions of higher education for students attending those institutions. The amount of a State tuition aid grant awarded under this act to any student attending an institution of higher education in any state other than New Jersey pursuant to this section shall not exceed $500 in an academic year. The amount of grant to be paid for each semester or its equivalent shall be based on the financial need for the grant, as determined by standards and procedures established by the authority, and subject to the amount of appropriations available therefor. b. Appropriations for each program category of tuition aid grants shall be separately made by line item. c. State tuition aid grants shall be awarded by the authority to all eligible applicants without any limitation on the number to be awarded in any year other than the amount of appropriations available therefor. In the event that the amount appropriated is insufficient for full awards to all eligible applicants, the authority, in consultation with the Commission on Higher Education, shall reduce awards equitably among eligible students according to such procedures and guidelines as it shall establish. Any revisions of procedures and guidelines in effect as of the effective date of this act shall be submitted on or before March 1 of the prebudget year by the executive director of the authority to the Joint Budget Oversight Committee of the Legislature, or its successor, together with supporting information. The revised criteria and guidelines may be approved or disapproved by the Joint Budget Oversight Committee, or its successor, at any time; provided that if at the end of a 60-calendar day period after the date on which the revisions are transmitted to the committee, the committee has taken no action, the proposed revised criteria and guidelines shall be deemed to be approved by the committee. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-22 Construction of article.

18A:71B-22. Construction of Article. This article shall not be construed as granting any authority to control or influence the policies of any educational institution because it accepts students receiving tuition aid grants, nor as requiring any institution to admit or once admitted to continue in the institution any tuition aid recipient. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-23 Scholarships for undergraduate education; eligibility.

18A:71B-23. Any child or surviving spouse of a member or officer of a New Jersey volunteer fire company, volunteer first aid or rescue squad or municipal fire, police, county police or park police department, State fire service or of the division of State police, or of a permanent, active and full-time officer employee of this State or any political subdivision thereof holding the following titles: State investigator, correction officer, recruit, senior correction officer, sergeant, lieutenant, captain, correction officer duty keeper, court attendant and sheriff's officer, court attendant and sheriff's officer lieutenant, court attendant and sheriff's officer captain, court attendant and sheriff's officer deputy chief, prosecutor's detective, prosecutor's investigator, narcotics officer, marine patrolman, senior marine patrolman, principal marine patrolman, chief, bureau of marine law enforcement, or who is an inspector, assistant, technician, supervisor or superintendent with respect to the enforcement and regulation of weights and measures, or civil defense or disaster control worker, which member, officer or worker was killed in the performance of his duties as a member of such company, squad or fire or police department or division, or worker in a civil defense or disaster control unit, upon such child or surviving spouse being accepted to pursue a course of undergraduate study in any public institution of higher education of this State, as enumerated in N.J.S.18A:62-1, shall, while enrolled as an undergraduate student in good standing at the institution, have the tuition paid by the State; or upon that child or surviving spouse being accepted to pursue a course of undergraduate study at any independent institution of higher education located in the State, shall, while enrolled as an undergraduate in good standing at that independent institution of higher education, have that part of the tuition which is not more than the highest tuition charged at the public institutions of higher education in this State, enumerated in N.J.S.18A:62-1, paid by the State. Eligibility for this program shall be limited to a period of eight years following graduation from high school, in the case of a child, pursuant to rules and regulations established by the authority. There shall be no time limit on eligibility for this program in the case of a surviving spouse. amended 2019, c.378.

N.J. Stat. § 18A:71B-23.1 Short title.

1. This act shall be known and may be cited as the "New Jersey World Trade Center Scholarship Program Act." L.2001,c.442,s.1.

N.J. Stat. § 18A:71B-23.2 Definitions relative to "New Jersey World Trade Center Scholarship Program Act."

2. As used in this act: "Institution of higher education" means an institution of higher education licensed by the appropriate agency or department and accredited or preaccredited by a nationally recognized accrediting association. An institution of higher education shall also include certain proprietary institutions, but only for degree granting programs approved by the Commission on Higher Education or other proprietary institutions as determined by the authority. "Authority" means the Higher Education Student Assistance Authority established pursuant to N.J.S.18A:71A-1 et seq. L.2001,c.442,s.2.

N.J. Stat. § 18A:71B-23.3 New Jersey World Trade Center Scholarship Fund.

3. a. There is established in the Higher Education Student Assistance Authority a nonlapsing fund which shall be known as the New Jersey World Trade Center Scholarship Fund. The fund shall be administered by the board of trustees established pursuant to section 4 of this act. b. The fund shall consist of: all moneys appropriated by the Legislature for inclusion in the fund; investment earnings of the fund; and moneys contributed to the fund by private sources, to be used for the purposes of this act. The moneys in the fund shall be invested and reinvested by the Director of the Division of Investment in the Department of the Treasury. L.2001,c.442,s.3.

N.J. Stat. § 18A:71B-23.4 Board of Trustees; membership; duties; responsibilities.

4. a. The board of trustees of the New Jersey World Trade Center Scholarship Fund shall consist of the State Treasurer, or a designee, and ten public members appointed as follows: two by the President of the Senate, two by the Speaker of the General Assembly and six by the Governor, with the advice and consent of the Senate. Seven of the public members shall be persons who were directly affected by the terrorist attacks on the United States on September 11, 2001. Two of the public members shall be named by the Governor to serve as co-chairpersons of the board. b. Each public member of the board shall serve for a term of four years and until a successor shall have been appointed and qualified; except that of the first members appointed, two shall serve for one year, two shall serve for two years, three shall serve for three years and three shall serve for four years. Any vacancy in the membership of the board shall be filled in the same manner as the original appointment for the remainder of the unexpired term. c. Members of the board shall serve without compensation but shall be entitled to be reimbursed for all reasonable and necessary expenses incurred in the discharge of their duties. d. The board shall have the following duties and responsibilities: (1) establish criteria for the determination of eligibility for a scholarship from the fund; (2) establish procedures for determining the amount of each scholarship award, based on the financial need of the applicant and the resources available to the applicant to meet his higher education costs; (3) report annually to the Governor and the Legislature on the performance of its duties in accordance with the provisions of this act; (4) solicit and raise private funds to finance the New Jersey World Trade Center Scholarship Program; and (5) receive and disburse such contributions to the fund as may be forthcoming from private and public sources. L.2001,c.442,s.4.

N.J. Stat. § 18A:71B-23.5 Awarding of scholarships.

5. a. The board is hereby authorized to award scholarships from the fund for the costs of undergraduate study at an institution of higher education to the dependent children or surviving spouses of persons who were New Jersey residents on September 11, 2001 and: (1) who were killed in the terrorist attack on the United States on September 11, 2001; or (2) who died as a result of injuries received in the attack; or (3) who died as a result of illness caused by exposure to the attack sites, as established in medical records or other appropriate documentation as required by the board; or (4) who are missing and officially presumed dead as a direct result of the attack. The terrorist attack on the United States shall include the hijackings of American Airlines Flight 11, American Airlines Flight 77, United Airlines Flight 93 and United Airlines Flight 175 and the subsequent crashes at the World Trade Center in New York City, the Pentagon in Washington, D.C. and in Somerset County, Pennsylvania. b. Scholarships from the fund may be awarded annually upon proper application to the fund to any student who qualifies under the criteria developed by the board. L.2001, c.442, s.5; amended 2007, c.5, s.1.

N.J. Stat. § 18A:71B-23.6 Conditions for awarding of scholarship.

6. a. A New Jersey World Trade Center scholarship shall not be awarded to an applicant unless the applicant has demonstrated to the satisfaction of the board that the applicant: (1) will be or is enrolled in a full-time undergraduate program of study leading to a degree at an institution of higher education; and (2) has complied with all rules and regulations adopted pursuant to this act for the award, regulation and administration of scholarships from the fund. b. Eligibility for a scholarship, in the case of a surviving spouse, shall be limited to a period of eight years from the date of death of the person for initial receipt of the benefits under the program. In the case of a dependent child, eligibility shall be limited to a period of eight years following graduation from high school. L.2001,c.442,s.6.

N.J. Stat. § 18A:71B-23.7 Rules, regulations.

7. The Higher Education Student Assistance Authority shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary for the administration of this act. L.2001,c.442,s.7.

N.J. Stat. § 18A:71B-24 Appropriation of funds.

18A:71B-24. Appropriation of Funds. There shall be appropriated to the authority in any general or supplemental appropriation act such sums as shall be necessary to carry out the purposes of N.J.S.18A:71B-23. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-24.1 Short title

1. This act shall be known and may be cited as the "Law Enforcement Officers' Memorial Scholarship Act of 2000." L.2001,c.41,s.1.

N.J. Stat. § 18A:71B-24.2 Law Enforcement Officer Memorial Scholarships Program

5. a. There is created the Law Enforcement Officer Memorial Scholarships Program. These scholarships shall be awarded, pursuant to the provisions of this act, to the children of New Jersey law enforcement officers who were killed in the line of duty. The New Jersey Higher Education Student Assistance Authority, in but not of the Department of State, and established pursuant to N.J.S.18A:71A-3, shall administer this program. b. Law Enforcement Officer Memorial Scholarships shall be awarded annually within the limits of monies in the Law Enforcement Officer Memorial Fund, created pursuant to subsection c. of section 2 of P.L.2001, c.41 (C.39:3-27.123), for undergraduate study leading to a baccalaureate degree or associate degree at any public or private institution of higher education in New Jersey. The amount of any such scholarship shall not exceed an amount equal to the portion of the recipient's cost of attendance at the institution that is not otherwise covered by any other scholarship, tuition aid grant, benefit or other assistance awarded to the recipient under the "Higher Education Student Assistance Authority Law," N.J.S.18A:71A-1 et seq. c. The scholarships may be renewed annually for up to four years, except that each scholarship shall remain in effect only if the holder of the scholarship remains a full-time student in good standing at the institution and continues to meet the eligibility criteria and guidelines established under this act and regulations promulgated thereto. Selection of recipients may take into account the actual dependency of the recipients, their needs and means, and the pecuniary loss occasioned by reason of the death of their parents. d. (Deleted by amendment, P.L.2022, c.10) e. For the purposes of this act, "law enforcement officer" means a New Jersey resident employed as a permanent full-time member of any federal, State, county or municipal law enforcement agency, department, or division of those governments who is statutorily empowered to act for the detection, investigation, arrest, conviction, detention, or rehabilitation of persons violating the criminal laws of this State or of the United States and statutorily required to successfully complete a training course approved by the Police Training Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), or certified by the commission as being substantially equivalent to an approved course. L.2001,c.41,s.5; amended 2022, c.10, s.1.

N.J. Stat. § 18A:71B-24.3 Rules, regulations

6. The Higher Education Student Assistance Authority shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to carry out the provisions of this act. L.2001,c.41,s.6.

N.J. Stat. § 18A:71B-24.4 Annual appropriation

7. There shall be annually appropriated to the Higher Education Student Assistance Authority such sums as shall be necessary to administer the provisions of sections 5 and 6 of P.L.2001, 41 (C.18A:71B-24.2 and 18A:71B-24.3). L.2001,c.41,s.7.

N.J. Stat. § 18A:71B-25 Scholarship program established.

18A:71B-25. Scholarship Program Established. There is established the Miss New Jersey Educational Scholarship program. It shall be the duty of the Higher Education Student Assistance Authority, established pursuant to N.J.S.18A:71A-3, to administer this program. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-26 Scholarship eligibility.

18A:71B-26. Scholarship Eligibility. A Miss New Jersey Educational Scholarship shall be awarded annually to an individual who has been designated by the Higher Education Student Assistance Authority, in consultation with the Miss New Jersey Pageant Organization, as being an exceptional young leader in the area of civic, cultural or charitable endeavors in the spirit of the Miss New Jersey Pageant. In order to be eligible for the scholarship, the individual shall be enrolled in or accepted into a course of study leading to an initial bachelor's degree or a post graduate degree in any public institution of higher education of this State, as enumerated in N.J.S.18A:62-1. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-27 Scholarship conditions.

18A:71B-27. Scholarship Conditions. Any Miss New Jersey scholarship recipient who enrolls in a public institution of higher education in the State shall be allowed to obtain an initial bachelor's degree or a post graduate degree without payment of tuition as long as the individual remains a full time student in good standing at the institution. There shall be appropriated annually to the Higher Education Student Assistance Authority a sum equal to the cost of tuition at each public institution enrolling a Miss New Jersey Scholarship recipient and any other sums as shall be necessary to carry out the purposes of the Miss New Jersey Educational Scholarship program. The scholarship recipient shall be responsible for all other costs. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-28 Definitions.

18A:71B-28. Definitions. As used in this article: "Garden State Savings Bonds" means bonds of the State of New Jersey and its authorities issued pursuant to the provisions of this article. "Institution of higher education" means any public institution of higher education as defined in N.J.S.18A:62-1 and any independent institution of higher education which is an "eligible institution" as defined in section 3 of P.L.1979, c.132 (C.18A:72B-17). "Issuing officials" means the Governor, the State Treasurer, the Director of the Division of Budget and Accounting in the Department of the Treasury and the issuing authority or agency. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-29 Issue of bonds.

18A:71B-29. Issue of Bonds. a. In furtherance of the public policy of this article, the State shall set aside, from the bonds of the State of New Jersey authorized to be issued or from the bonds of any authority or agency authorized to be issued, an amount to be determined by the State Treasurer of the total aggregate original principal amount of the bonds. These bonds shall be issued as determined by the issuing officials and shall be known as "Garden State Savings Bonds," in addition to any other name they may be known as. b. Garden State Savings Bonds may be issued in low denominations and in the form or forms, whether coupon, fully-registered or book entry, and with or without provisions for interchangeability thereof, as may be determined by the issuing officials, and in such amounts as will allow a large number of New Jersey families to participate in the program, and with the maturity dates which will make funds available to purchasers at the time when the funds are needed for educational purposes. c. When Garden State Savings Bonds are issued from time to time, the bonds of each issue shall constitute a separate series to be designated by the issuing officials. Each series of bonds so designated shall bear the rate or rates of interest as may be determined by the issuing officials, which interest shall be payable as may be determined by the issuing officials. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-30 Participation by institutions of higher education.

18A:71B-30. Participation by Institutions of Higher Education. a. The State Treasurer, in consultation with the commission, shall also provide for additional financial incentives to be provided to holders of Garden State Savings Bonds to encourage the enrollment of students at institutions of higher education located in the State of New Jersey. These financial incentives shall be in such forms as determined by the State Treasurer in consultation with issuing officials at the time of the authorization of the Garden State Savings Bonds and shall at a minimum provide that each participating institution shall guarantee that the value of Garden State Savings Bonds redeemed for the purposes of the payment of tuition, fees, and other educational costs at the institution, shall, at the time of matriculation of the student, be increased by not less than six percent of the face value of the bonds at the time of redemption. Two percent of the incentive amount shall be paid by the State, and four percent by participating institutions. b. Every public institution of higher education in New Jersey shall participate in the financial incentive program. Independent institutions of higher education in New Jersey may elect to participate in the program. Each independent institution which elects to participate shall enter into a contract with the Department of the Treasury which shall, at a minimum, define the terms of participation and establish conditions under which an institution may withdraw from the program. Any independent institution that withdraws from the program shall guarantee to provide the financial incentives in effect for all bonds purchased during the period in which the institution was a participant in the program. c. The original purchaser and any member of the immediate family of the original purchaser of a Garden State Savings Bond shall be eligible for the financial incentive program established pursuant to this section. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-31 Dollar Amount not to be considered in determining eligibility for monetary assistance.

18A:71B-31. Dollar Amount Not to be Considered in Determining Eligibility for Monetary Assistance. Annually, the authority shall determine a dollar amount of Garden State Savings Bonds or accumulated bonds, interest or supplemental payment, which shall not be less than $25,000, unless a greater amount is approved by the authority, which shall not be considered in evaluating the financial needs of a student enrolled at an institution of higher education located in the State of New Jersey, or be deemed a financial resource of or a form of financial aid or assistance to each student, for purposes of determining the eligibility of a student for any scholarship, grant, or monetary assistance awarded by the State; nor shall the amount of any such bonds, interest or supplemental payment as determined by the authority provided for a qualified student under this article reduce the amount of any scholarship, grant or monetary assistance which the student is entitled to be awarded by the State. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-32 Report on results of sale.

18A:71B-32. Report on Results of Sale. The State Treasurer or the issuing authority or agency shall submit a report after each bond issuance to the commission detailing the results of each separate sale of Garden State Savings Bonds. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-33 Duties of the State Treasurer.

18A:71B-33. Duties of the State Treasurer. The State Treasurer shall, in consultation with the commission, approve the following: a. additional financial incentives as provided in this article; b. limits that may be imposed on the amount of Garden State Savings Bonds that may be purchased by individual households; c. minimum denominations to market the Garden State Savings Bonds so that they are affordable by individuals; however, each issue shall be offered with sufficient bonds at a purchase price of $100 to satisfy demand. In addition, the State Treasurer shall evaluate the feasibility of staggered or periodic forms of payments for Garden State Savings Bonds and shall advise the issuing officials regarding the evaluation. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-34 Assessment of effectiveness of program.

18A:71B-34. Assessment of Effectiveness of Program. The commission and the State Treasurer shall assess the effectiveness of the program and recommend any necessary changes to the issuing officials regarding future bond sales after the initial sale of Garden State Savings Bonds. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-35 Legislative findings and declarations.

18A:71B-35. Legislative Findings and Declarations. The Legislature finds and declares that: a. This State is committed to making world-class education accessible and affordable for all New Jersey students; b. When families save for college education, they are making an important investment in the future for themselves and the young people of this State; c. Incentives are needed to encourage families to save for college education; d. The "Small Business Job Protection Act of 1996," Pub.L.104-188, amended the federal Internal Revenue Code to provide for favorable tax treatment for qualified college savings programs and participants in the programs; and e. In addition to favorable federal tax treatment for a college savings program and its participants, it is desirable to provide favorable State tax treatment, as a special incentive for student beneficiaries to attend college in this State. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-36 Definitions.

18A:71B-36. Definitions. As used in this article: "Account" means an individual trust account or savings account established in accordance with this article; "Authority" means the Higher Education Student Assistance Authority; "Contributor" means the person or organization contributing to and maintaining an account and having the right to withdraw funds from the account before the account is disbursed to or for the benefit of the designated beneficiary; "Designated beneficiary" means: a. the individual designated at the time the account is opened as the individual whose higher education expenses are expected to be paid from the account; b. the replacement beneficiary if the change in designated beneficiary would not result in a distribution that is included in federal gross income under section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529; and c. in the case of an interest in the program purchased by a state or local government or an organization described in paragraph (3) of subsection (c) of section 501 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.501 and exempt from taxation under subsection (a) of section 501 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.501, as a part of a scholarship program operated by the government or organization, the individual receiving the interest as a scholarship; "Higher education institution" means an eligible educational institution as defined in or for purposes of section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529. Higher education institution shall include a proprietary institution if expenses for tuition at the institution would be considered qualified higher education expenses under section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529, but only for degree granting programs licensed or approved by the Commission on Higher Education or for other proprietary institutions as determined by the authority; "Investment Manager" means the Division of Investment in the Department of the Treasury or the private entities authorized to do business in this State that may be designated by the authority to invest the funds of the trust pursuant to the terms of this article; "Member of the family" means a member of the family as defined in or for purposes of section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529; "Nonqualified withdrawal" means a withdrawal from an account other than: a. a qualified withdrawal; b. a withdrawal made as the result of the death or disability of the designated beneficiary of an account; c. a withdrawal made on account of a scholarship (or allowance or payment described in subparagraph (B) or (C) of paragraph (1) of subsection (d) of section 135 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.135) received by the designated beneficiary, but only to the extent of the amount of that scholarship, allowance or payment; d. a rollover or change in designated beneficiary which would not result in a distribution includible in federal gross income under section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529; or e. any other withdrawal if the failure of the program to impose a more than de minimis penalty on the withdrawal would cause the program not to be a qualified State tuition program under section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529; "Program" means the "New Jersey Better Educational Savings Trust (NJBEST) Program" established pursuant to this article; "Qualified higher education expenses" means expenses described in paragraph (3) of subsection (e) of section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529 incurred in connection with the enrollment of a designated beneficiary at a higher education institution; "Qualified withdrawal" means a withdrawal from an account to pay the qualified higher education expenses of the designated beneficiary of the account; but a withdrawal shall not be considered a qualified withdrawal if the failure of the program to impose a more than de minimis penalty on the withdrawal would cause the program not to qualify as a qualified State tuition program under section 529 of the federal Internal Revenue Code of 1986, U.S.C.s.529; "Trust" means the "New Jersey Better Educational Savings Trust" established pursuant to N.J.S.18A:71B-37. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-37 New Jersey Better Educational Savings Trust created.

18A:71B-37. New Jersey Better Educational Savings Trust Created. There is created within the Higher Education Student Assistance Authority the New Jersey Better Educational Savings Trust (NJBEST). The trust shall provide a mechanism through which the authority, as trustee, holds accounts established and maintained pursuant to the provisions of this article to finance the cost of qualified higher education expenses. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-38 Administration of the program; powers of the authority.

18A:71B-38. Administration of the Program; Powers of the Authority. The Higher Education Student Assistance Authority shall administer the NJBEST Program. The authority shall have the power to: a. serve as trustee of the trust; b. adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to carry out the provisions of this article; c. prescribe and provide appropriate forms for participation in the program; d. select an investment manager and any other contractors needed to manage and market the program; e. monitor the investment manager and any other contractors by audits and other reports; f. collect reasonable administrative fees in connection with any contract or transaction relating to the program; g. impose penalties for nonqualified withdrawals; h. take all actions required so that the program is treated as a qualified State tuition program under section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529; and i. perform any other acts which may be deemed necessary or appropriate to carry out the objects and purposes of this article. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-39 Immunity.

18A:71B-39. Immunity. Neither the members of the authority, nor any officer or employee of the authority shall be liable personally for the debts, liabilities or obligations of the program established pursuant to this article. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-40 Selection of investment manager.

18A:71B-40. a. The authority shall select an investment manager or managers to invest the funds of the trust or the funds in accounts. In making this selection, any investment manager shall be subject to the "prudent person" standard of care applicable to the Division of Investment in the Department of the Treasury pursuant to subsection b. of section 11 of P.L.1950, c.270 (C.52:18A-89), and the authority shall consider the impact of fees and costs imposed by the manager or managers on yield to contributors. b. The authority may select more than one investment manager and investment instrument for the program if it is in the best interest of contributors and will not interfere with the administration of the program. c. The authority may provide a contributor with a choice of investment managers or investment instruments or both for the program if both of the following conditions exist: (1) the federal Internal Revenue Service has provided guidance that providing a contributor with a choice of investment managers or instruments under a State tuition program will not cause the program to fail to qualify for favorable tax treatment under section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529; and (2) the authority concludes that a choice of investment managers or of investment instruments is in the best interest of contributors and will not interfere with the administration of the program. d. If the authority terminates the designation of an investment manager to hold accounts, and accounts must be moved from that investment manager to another investment manager, the authority shall select the investment manager and type of investment instrument to which the balance of the account is moved, unless the federal Internal Revenue Service provides guidance that allowing the contributor to select among several investment managers or investment instruments that have been selected by the authority would not cause a program to cease to be a qualified State tuition program for the purposes of section 529 of the federal Internal Revenue Code, 26 U.S.C.s.529. e. If the selection process provided for in this section results in an investment manager other than the Division of Investment, the authority shall provide for the orderly transfer of accounts and shall ensure that all the rights of the contributors and designated beneficiaries participating in the program as of the effective date of P.L.2001, c.262 (C.18A:71B-64 et al.), are protected. L.1999, c.46, s.1; amended 2001, c.262, s.18.

N.J. Stat. § 18A:71B-41 Operation of program; fees.

18A:71B-41. a. The program shall be operated as a trust through the use of accounts for designated beneficiaries. An account may be opened by any person who desires to save to pay the qualified higher education expenses of an individual by satisfying each of the following requirements: (1) completing an application in the form prescribed by the authority; (2) paying the one-time application fee established by the authority; (3) making the minimum contribution required by the authority for opening an account; (4) designating the account or accounts to be opened; and (5) in the case of an account to which subsection a. of N.J.S.18A:71B-44 would apply, demonstrating to the satisfaction of the authority that either the contributor, if an individual, or the designated beneficiary is a New Jersey resident. The requirement of New Jersey residency for either the contributor or the designated beneficiary would not apply to an account to which subsection b. of N.J.S.18A:71B-44 would apply unless otherwise determined by the authority. b. (Deleted by amendment, P.L.2003, c.309). c. Contributions to accounts shall be made only in cash, as defined by the authority pursuant to regulations, in accordance with section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529. d. Contributors may withdraw all or part of the balance from an account on sixty days' notice or a shorter period, as may be authorized by the authority pursuant to regulations. e. A contributor may change the designated beneficiary of an account or rollover all or a portion of an account to another account if the change or rollover would not result in a distribution includible in gross income under section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529, in accordance with procedures established by the authority. f. In the case of any nonqualified withdrawal, a penalty at a level established by the authority and sufficient to be considered a more than de minimis penalty for purposes of section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529, shall be withheld and paid to the authority for use in operating and marketing the program. The authority may elect not to impose a penalty if that section ceases to include a provision requiring more than de minimis penalties for a program to qualify as a qualified State tuition program. g. If a contributor makes a nonqualified withdrawal and a penalty amount is not withheld pursuant to subsection f. of this section or the amount withheld is less than the amount required to be withheld under that subsection, the contributor shall pay the unpaid portion of the penalty to the authority at the same time that the contributor files a State income tax return for the taxable year of the withdrawal, or if the contributor does not file a return, the unpaid portion of the penalty shall be paid on or before the due date for the filing of that income tax return. h. Each account shall be maintained separately from each other account under the program. i. Separate records and accounting shall be maintained for each account for each designated beneficiary. j. A contributor to or designated beneficiary of any account shall not direct the investment of any contributions to an account or the earnings from the account, except as permitted under section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529. k. A contributor or a designated beneficiary shall not use an interest in an account as security for a loan. Any pledge of an interest in an account is of no force and effect. l. The maximum contribution for any designated beneficiary shall be determined by the authority pursuant to regulations, in accordance with section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529. m. Statements, reports on distributions and information returns relating to accounts shall be prepared, distributed, and filed to the extent required by section 529 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.529, or regulations issued thereunder. n. The authority may charge, impose and collect reasonable administrative fees and service charges in connection with any agreement, contract or transaction relating to the program. These fees and charges may be imposed directly on contributors or may be taken as a percentage of the investment earnings on accounts. o. The State or any State agency, municipality, or other political subdivision may, by contract or collective bargaining agreement, agree with any employee to remit contributions to accounts through payroll deductions made by the appropriate officer or officers of the State, State agency, county, municipality, or political subdivision. The contributions shall be held and administered in accordance with this act. p. A contributor, if an individual, may designate another person as a successor contributor in the event of the death of the original contributor. The person who opens the account, or any successor contributor, shall be considered the contributor as defined in N.J.S.18A:71B-36. q. Any person may make contributions to an account, consistent with the terms established by the authority, after the account is opened. L.1999, c.46, s.1; amended 2003, c.309.

N.J. Stat. § 18A:71B-41.1 Exemption from claims of creditors for NJBEST accounts.

20. Moneys paid into or out of an NJBEST account by or on behalf of a contributor or designated beneficiary for the purposes of financing the cost of qualified higher education expenses under this article are exempt from all claims of creditors of the contributor or the designated beneficiary. L.2001,c.262,s.20.

N.J. Stat. § 18A:71B-42 NJBEST scholarship; conditions.

18A:71B-42. a. An amount of no less than $500 shall be provided by the State for the qualified higher education expenses of a designated beneficiary at the time of a qualified withdrawal provided that: (1) the contributor demonstrates, to the satisfaction of the authority, that the contributor participated in the program for at least four years by making a qualifying minimum initial deposit or qualifying minimum annual contributions, or both, as shall be determined by the authority, for a designated beneficiary; (2) the designated beneficiary demonstrates, to the satisfaction of the authority, attendance or enrollment in a higher education institution in this State; and (3) either the contributor, if an individual, or the designated beneficiary demonstrates, to the satisfaction of the authority, that the contributor or designated beneficiary is a New Jersey resident. b. The amount provided under subsection a. of this section shall meet the requirements of a qualified scholarship within the meaning of section 117 of the federal Internal Revenue Code of 1986, 26 U.S.C.s.117, for a designated beneficiary satisfying the requirements of subsection a. of this section. c. A designated beneficiary shall not receive more than one State scholarship provided pursuant to subsection a. of this section. amended 2020, c.81.

N.J. Stat. § 18A:71B-42.1 One-time grant; rules.

2. a. A NJBEST account when it is initially opened by a taxpayer with gross income of $75,000 or less shall be eligible for a one-time grant of up to $750 in a dollar-for-dollar match of the initial deposit to the account. b. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B -1 et seq.), to the contrary, the authority may adopt, immediately upon filing with the Office of Administrative Law, rules that the authority deems necessary for the appropriate administration and implementation of the provisions of this section, including, a minimum length of time for participation in the NJBEST program in order to maintain eligibility for the credit established pursuant to this section, which rules shall be effective for a period not to exceed 360 days from the date of the filing. The authority shall thereafter amend, adopt, or readopt the rules in accordance with the requirements of P.L.1968, c.410 (C.52:14B-1 et seq.). L.2021, c.128, s.2.

N.J. Stat. § 18A:71B-43 Determination of dollar amount of account.

18A:71B-43. Determination of Dollar Amount of Account. Annually, the authority shall determine a dollar amount of an account, which shall not be less than $25,000, which shall not be considered in evaluating the financial needs of a student enrolled in an institution of higher education located in the State of New Jersey, or be deemed a financial resource or a form of financial aid or assistance to a student, for purposes of determining the eligibility of a student for any scholarship, grant, or monetary assistance awarded by the State; nor shall the amount of any account as determined by the authority provided for a designated beneficiary under this article reduce the amount of any scholarship grant or monetary assistance which the student is entitled to be awarded by the State. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-44 Assurance of availability of principal.

18A:71B-44. a. If the investment manager is the Division of Investment in the Department of the Treasury, in order to assure the availability of principal of any amount contributed under this article, there shall be paid to the authority for deposit in the trust, at the time of distribution, subject to appropriation, such sum, if any, as shall be certified by the chair of the authority as necessary to provide that amount at the time of distribution. The chair shall make and deliver to the Governor, or his designee, the certificate stating the sums, if any, required to make available in the trust the amount aforesaid, and the sums so certified shall be appropriated and paid to the authority during the then current State fiscal year. b. If the investment manager is a private entity, the investment of the principal and interest of any amount contributed under this article shall be made in accordance with an investment plan approved by the State Investment Council in the Division of Investment. L.1999, c.46, s.1; amended 2001, c.262, s.19.

N.J. Stat. § 18A:71B-45 Construction.

18A:71B-45. Construction. a. Nothing in this article shall be construed to: (1) guarantee that a designated beneficiary will be admitted to a higher education institution or be allowed to continue enrollment at or graduate from a higher education institution after admission; (2) establish State residency for a person merely because the person is a designated beneficiary; or (3) guarantee that amounts saved pursuant to the program will be sufficient to cover the qualified higher education expenses of a designated beneficiary. b. Nothing in this article establishes any obligation of this State or any agency or instrumentality of this State to guarantee for the benefit of any contributor or designated beneficiary any of the following: (1) the rate of interest or other return on any account; or (2) the payment of interest or other return on any account. c. Nothing in this article establishes any obligation or liability of this State or any agency or instrumentality of this State with respect to any federal or State tax liability of any contributor or designated beneficiary in this program. d. Under regulations promulgated by the authority, every contract and application that may be used in connection with a contribution to an account shall clearly indicate that the account is not insured by this State nor is the investment return guaranteed by this State. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-46 Federal income tax consequences.

18A:71B-46. Federal Income Tax Consequences. If the Congress of the United States enacts legislation that exempts educational savings accounts from federal income taxation, sections N.J.S.18A:71B-42 and N.J.S.18A:71B-43 shall apply with respect to such educational savings accounts as if they were accounts established under this act and the beneficiaries of the accounts were designated beneficiaries subject to the approval of the New Jersey Higher Education Assistance Authority. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-47 Contracts with accredited schools of veterinary medicine.

18A:71B-47. Contracts with Accredited Schools of Veterinary Medicine. The authority is hereby authorized to contract with any and all accredited schools of veterinary medicine in the United States for the acceptance of students who are residents of New Jersey for at least 12 months and desire to study veterinary medicine, and to expend annually within the limits of available appropriations such sums as are necessary to accomplish the intent of this act. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-48 Contracts with consent of advisory committee; members.

18A:71B-48. Contracts with Consent of Advisory Committee; Members. All contracts provided for in N.J.S.18A:71B-47 shall only be entered into by the authority with the advice and consent of an advisory committee consisting of the following: the Dean of Cook College, Rutgers, the State University of New Jersey, or a designee; the President of the New Jersey Veterinary Medical Association; the Secretary of the New Jersey Veterinary Medical Examining Board; and four New Jersey veterinarians appointed by the Governor for terms of four years each. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-49 Organization of committee; expenses.

18A:71B-49. Organization of Committee; Expenses. The advisory committee shall organize annually by the appointment of one of its members as chairperson and one as vice-chairperson. Members shall serve without compensation, but shall be entitled to all necessary expenses. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-50 Definitions.

18A:71B-50. Definitions. As used in this article: "Operational expense" means those funds devoted to or required for the regular or ordinary expenses of the school of professional nursing, including administration, maintenance and salary expenses; "School of professional nursing" means a school in New Jersey offering a program of nursing instruction not exceeding four years beyond high school, which is affiliated with a hospital and holds a certificate of accreditation issued by the New Jersey Board of Nursing, provided that the school is not eligible to receive State aid for its nursing program under any other law; "Student" means any full-time student who is a resident of this State and who enters a school of professional nursing to begin a program of nursing instruction or any part-time student who is a resident of this State who enters an upper division program of nursing instruction in a school of professional nursing. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-51 Application for State support; form of application; certificate of accreditation by New Jersey Board of Nursing.

18A:71B-51. Application for State Support; Form of Application; Certificate of Accreditation by New Jersey Board of Nursing. A school of professional nursing may apply for and receive State aid towards the operational expense of the school. The application shall be upon forms prepared and provided by the authority and shall contain such information as the authority shall require. Each application shall be first submitted to the New Jersey Board of Nursing which shall certify thereon whether the school is accredited and whether or not the accreditation has been suspended or revoked. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-52 Operational support by State; limitation.

18A:71B-52. Operational Support by State; Limitation. Within the limits of funds appropriated for purposes of this article, any school of professional nursing whose application has been approved by the authority shall be entitled to receive State aid for the operational expense of the school to the extent of one-half thereof or $600 per full-time student, whichever is the lesser amount and a pro rata amount for part-time students. L.1999,c.46,s.1.

N.J. Stat. § 18A:71B-53 Short title

1. This act shall be known as, and may be cited as, the "Tony Pompelio Commemorative Scholarship Fund Act." L.2000,c.163,s.1.

N.J. Stat. § 18A:71B-54 Findings, declarations about crime victims

2. The Legislature finds and declares that: a. Ten percent of the crimes reported in the State are violent crimes, and murder accounts for at least one percent of all violent crimes committed. Victims of violent crimes and their families often become crime statistics with no honorable mention. b. It is appropriate to pay tribute to those who have suffered from violent crime through the recognition of National Crime Victims' Rights Week. The State should recognize these individuals through the establishment of a special fund which will allow the children of crime victims the opportunity to attend college through the commemoration of the death of Tony Pompelio, a crime victim, by establishing the Tony Pompelio Commemorative Scholarship Fund. L.2000,c.163,s.2.

N.J. Stat. § 18A:71B-55 Definitions regarding scholarship.

3. As used in this act, the following terms shall have the following meanings: "Board" means the Board of Trustees of the Tony Pompelio Commemorative Scholarship Fund for the children of crime victims created pursuant to this act. "Chairman" means the Chairman of the Violent Crimes Compensation Board. "Executive director" means the chief executive and administrative officer of the authority. "Authority" means the Higher Education Student Assistance Authority established pursuant to N.J.S.18A:71A-1 et seq., the "Higher Education Student Assistance Authority Law," or any body, entity, commission, or department succeeding to the principal functions thereof or to whom the powers conferred upon the authority by N.J.S.18A:71A-1 et seq. shall be given by law. "Public Institutions of Higher Education" means the State colleges and universities created pursuant to chapter 64 of Title 18A of the New Jersey Statutes; the county colleges; the New Jersey Institute of Technology; Rutgers, the State University; Rowan University; Montclair State University; Kean University; and any other public universities, colleges, county colleges and junior colleges now or hereafter established or authorized by law. L.2000, c.163, s.3; amended 2012, c.45, s.98; 2017, c.178, s.59; 2021, c.282, s.59.

N.J. Stat. § 18A:71B-56 "Tony Pompelio Commemorative Scholarship Fund"

4. a. There is hereby created and established in the authority a scholarship fund which shall be known as the "Tony Pompelio Commemorative Scholarship Fund." The fund shall consist of all funds appropriated by the Legislature or otherwise made available for the Tony Pompelio Commemorative Scholarship Fund program. b. The fund shall be administered by a board of trustees which shall consist of the executive director or a designee of the executive director, the chairman or a designee of the chairman and eight citizens of this State who have been crime victims or are family members of a crime victim. Citizen members of the board shall be selected by the chairman in consultation with the executive director, and without regard to political affiliation and, on the basis of their experience as crime victims or family members of a crime victim. c. Each citizen member of the board shall serve for a term of four years and until a successor shall have been appointed and qualified. Any vacancy in the membership of the board shall be filled in the same manner as the original appointment for the remainder of the unexpired term. d. Members of the board shall serve without compensation but shall be entitled to be reimbursed for all reasonable and necessary expenses incurred in the discharge of their duties. e. The executive director or a designee of the executive director in conjunction with the chairman or a designee of the chairman shall serve as the chief executive officers of the fund and shall organize the work of the fund as deemed necessary to carry out the provisions of this act. L.2000,c.163,s.4.

N.J. Stat. § 18A:71B-57 Board duties

5. The board shall: a. Develop and maintain a Statewide system for the identification of potential Pompelio scholars in cooperation with other State departments, agencies or public institutions of higher education in the State. b. Recruit, select and provide financial assistance from the fund to Pompelio scholars who are residents of this State in order that they may be able to attend public institutions of higher education. c. Communicate with departments and agencies of the United States on the availability of grants to this State for purposes related or similar to those set forth in this act. d. Develop, establish and publicize criteria for the determination of eligibility for financial assistance from the fund. e. Establish procedures for determining the amount of each award based on the total financial need of each Pompelio scholar and the resources available to the applicant to meet the costs of the applicant's higher education. f. Annually report in writing to the authority on the performance of its duties in accordance with the provisions of this act. g. Adopt bylaws, and make, enforce, alter and repeal rules for its own operation and for carrying out the provisions of this act. h. Deposit in the fund and disburse from the fund such gifts and contributions as may be forthcoming from public and private sources. L.2000,c.163,s.5.

N.J. Stat. § 18A:71B-58 Awarding scholarships

6. a. The board is hereby authorized to award scholarships from the fund to Pompelio scholars for undergraduate study leading to a baccalaureate degree, associate degree, or other approved certificate at public institutions of higher education located in New Jersey. b. Grants from the fund may be awarded annually upon proper application to the fund, to any Pompelio scholar who qualifies under the standards to be developed and promulgated by the board. L.2000,c.163,s.6.

N.J. Stat. § 18A:71B-59 Qualifications of applicant

7. a. No scholarship pursuant to this act shall be awarded to any applicant unless the applicant has demonstrated to the satisfaction of the board that he or she: (1) Is and has been a resident of this State for at least 12 months prior to receiving the grant; (2) Will be or is enrolled in a full-time undergraduate program of study leading to a degree or certificate at a public institution; (3) Has complied with all rules and regulations adopted pursuant to this act by the board for the award, regulation and administration of grants from the fund. b. In addition to the requirements of subsection a. of this section, the board is hereby authorized to require the satisfaction of such other requirements as it may deem necessary to carry out the provisions of this act. L.2000,c.163,s.7.

N.J. Stat. § 18A:71B-60 Recipients paid by State Treasurer

8. Scholarships awarded pursuant to this act shall be paid to recipients by the State Treasurer in accordance with rules and regulations adopted by the authority. L.2000,c.163,s.8.

N.J. Stat. § 18A:71B-61 Eligibility restrictions

9. No person shall be eligible for scholarships pursuant to this act for more than four years, or for such other period of time as may be determined necessary by the board for the completion of an organized course of study. Each scholarship awarded pursuant to this act shall remain in effect only so long as the recipient achieves satisfactory academic progress as determined by the institution of attendance and demonstrates continued eligibility pursuant to this act. L.2000,c.163,s.9.

N.J. Stat. § 18A:71B-62 Nondiscrimination in awards

10. Scholarships awarded pursuant to this act shall be awarded by the board without regard to race, creed, or religion and in such manner and amount as may be within the limits of funds appropriated or otherwise made available. L.2000,c.163,s.10.

N.J. Stat. § 18A:71B-63 Rules, regulations

11. The Higher Education Student Assistance Authority shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary for the administration of this act. L.2000,c.163,s.11.

N.J. Stat. § 18A:71B-81 Short title.

1. This act shall be known and may be cited as the "New Jersey Student Tuition Assistance Reward Scholarship (NJ STARS) Program Act." L.2004,c.59,s.1.

N.J. Stat. § 18A:71B-82 Findings relative to NJ STARS Program.

2. The Legislature finds that it is necessary for the State's citizens to acquire an education beyond the secondary level in order to succeed during the 21st century. A well-trained and educated population, moreover, is vital to New Jersey's efforts to attract and retain highly skilled businesses, and to ensure the State's continued economic well- being. It is therefore incumbent upon the Legislature to institute a program which will help high achieving students to pursue a post-secondary education. L.2004,c.59,s.2.

N.J. Stat. § 18A:71B-83 Definitions relative to NJ STARS Program.

3. As used in this act: "Authority" means the Higher Education Student Assistance Authority established pursuant to N.J.S.18A:71A-3. "Full-time course of study" in any semester means a course of study, leading to a degree from the county college of enrollment, that includes at least 12 credit hours, not including any credit hours in a remedial or developmental curriculum. "Program" means the New Jersey Student Tuition Assistance Reward Scholarship (NJ STARS) Program for county college students. L.2004,c.59,s.3.

N.J. Stat. § 18A:71B-84 NJ STARS Program.

4. There is hereby created the New Jersey Student Tuition Assistance Reward Scholarship (NJ STARS) Program for county college students. It shall be the duty of the Higher Education Student Assistance Authority to administer the program. L.2004,c.59,s.4.

N.J. Stat. § 18A:71B-85 NJ STARS scholarships; eligibility.

5. a. A scholarship under the NJ STARS Program shall cover the full cost of tuition, subject to the prior application of other grants and scholarships against those costs as provided under paragraph (2) of subsection c. of this section, for up to 18 credit hours in any semester, for an eligible student enrolled in a full-time course of study at the New Jersey county college serving the student's county of residence. An otherwise eligible student who demonstrates to the authority, in accordance with such criteria and by means of such documentation as the authority shall establish by regulation, that the county college serving the student's county of residence does not offer the curriculum that the student chooses to study shall be eligible for such scholarship at another New Jersey county college offering that curriculum. The amount of any scholarship allowed hereunder to a student at a county college serving a county other than the student's county of residence shall be computed as though the student were a resident of the county served by that college, and the college shall likewise compute the amount of any additional payment, required with respect to the enrollment of that student for credit hours of study during a semester in which the scholarship is awarded that are not covered by that scholarship, as though the student were a resident of the county. b. A student shall be eligible for a scholarship under the NJ STARS Program for up to five semesters, including summer sessions. The scholarship shall be payable for the first year of enrollment in a county college to a student who: (1) has graduated high school and, in the case of a student who graduates in the 2013-2014 school year and thereafter, whose class rank at the completion of the 11th grade or 12th grade was in the top 15.0% of the student's high school class, provided that in the case of students graduating from high schools that do not calculate the class rank of their students, the student's ranking at the completion of the 11th grade or 12th grade shall be determined by the high school in consultation with the authority; and (2) completed a rigorous high school course of study in accordance with standards established by the Secretary of Higher Education in consultation with the Commissioner of Education. During a student's enrollment in a county college after the first year of enrollment, the scholarship shall be payable to that student if the student attains a grade point average of at least 3.0 by the start of the student's second year of county college enrollment. A student who attains a grade point average of less than 3.0 at the start of the second semester of the student's first year of county college enrollment shall participate in an enrichment program designed by the county college during the second semester of the student's first year of enrollment. c. To be eligible to receive a scholarship under the NJ STARS Program a student shall: (1) be a State resident pursuant to guidelines established by the authority. Notwithstanding the provisions of section 1 of P.L.1979, c.361 (C.18A:62-4) or any other section of law to the contrary, a dependent child of a parent or guardian who has been transferred to a military installation located in this State shall be considered a resident of this State for the purposes of qualifying for an NJ STARS scholarship; (2) have applied for all other available forms of State and federal need-based grants and merit scholarships, exclusive of loans, the full amount of which grants and scholarships shall be applied to tuition to reduce the amount of any scholarship that the student shall receive under the provisions of this act; (3) except as otherwise provided pursuant to subsection a. or subsection c. of section 3 of P.L.2008, c.124 (C.18A:71B-85.2), be enrolled in a full-time course of study at a New Jersey county college; (4) have graduated from high school in 2004 or later, and not earlier than the calendar year two years prior to the first calendar year in which a scholarship payment is to be made; and (5) except as otherwise provided pursuant to subsection a. of section 3 of P.L.2008, c.124 (C.18A:71B-85.2), maintain continuous enrollment in a full-time course of study, unless on medical leave due to the illness of the student or a member of the student's immediate family or emergency leave because of a family emergency, which medical or emergency leave shall have been approved by the county college, or unless called to partial or full mobilization for State or federal active duty as a member of the National Guard or a Reserve component of the Armed Forces of the United States. d. A student who is dismissed for academic or disciplinary reasons from a county college shall no longer be eligible for a scholarship under this act. If a student participating in the program is dismissed for disciplinary reasons, the student shall repay in full all amounts received under the program. The county college shall be responsible for collecting the repayment, or the amount of any overpayment or other improper payment, of any State awards under the program, in accordance with the provisions of N.J.S.18A:71B-10. e. A student scholarship under the NJ STARS Program may be renewed upon the student's filing of a renewal financial aid application and providing evidence that the student has satisfied the requirements pursuant to subsection b. of this section. L.2004, c.59, s.5; amended 2005, c.168; 2007, c.214, s.1; 2008, c.124, s.1; 2012, c.8, s.1; 2014, c.55, s.1; 2017, c.360, s.1.

N.J. Stat. § 18A:71B-85a County college students remain eligible for NJ STARS program.

3. Notwithstanding any law or regulation to the contrary, a student enrolled in a county college in the 2019-2020 academic year shall remain eligible for a scholarship under the NJ STARS Program in the third semester of county college enrollment. To remain eligible for the scholarship in the fourth and fifth semesters of county college enrollment, a student who was enrolled in the 2019-2020 academic year shall attain a grade point average of at least 3.0 by the start of the student's fourth semester of county college enrollment. L.2020, c.31, s.3.

N.J. Stat. § 18A:71B-85.1 College placement test to determine eligibility for program.

2. a. Upon notice from the authority in a student's senior year of high school of conditional eligibility for the NJ STARS Program, a student who determines to pursue final eligibility for the program shall take a college placement test to determine readiness for college-level coursework. The test shall be selected by the New Jersey Council of County Colleges and administered by the county college of the county in which the student's school district is located at no cost to the student or the school district. A county college may enter into an agreement with the school district to administer the test at the high school or other selected site within the district. b. A county college shall notify any student who does not achieve the required score on the placement test that the student requires remediation prior to pursuing county college coursework for credit under the NJ STARS Program. The student shall have the responsibility to address the identified deficiencies through such means as the student determines, including enrollment in remedial classes at the county college during the senior year of high school. c. Upon graduation from high school, if a student meets the eligibility criteria for receipt of an NJ STARS scholarship but is not able to demonstrate the skill levels required to pursue courses for credit at a county college, the student shall not receive an NJ STARS scholarship until that ability is demonstrated. The student shall have one year from the September 1 next following the date of high school graduation to demonstrate such ability, and if at the end of the one-year period the student continues to require remediation, then the student shall lose eligibility for the NJ STARS Program. If during or at the end of the one-year period the student demonstrates the required ability, then the student shall be eligible for an NJ STARS scholarship for five semesters. L.2008, c.124, s.2.

N.J. Stat. § 18A:71B-85.2 Option to take fewer credits; eligibility for NJ STARS scholarship.

3. a. A student who receives an NJ STARS scholarship shall be eligible to take less than 12 credits in the final semester if the county college determines that the student needs to complete less than 12 credits in that semester to complete the degree program. b. In the case of a student who is enrolled in an associate degree program regularly requiring six semesters, the student shall not receive an NJ STARS scholarship for the sixth semester but shall maintain eligibility for the New Jersey Student Tuition Assistance Reward Scholarship II (NJ STARS II) Program established pursuant to P.L.2005, c.359 (C.18A:71B-86.1 et seq.), provided that the student meets the requirements for receipt of an NJ STARS II scholarship. c. Beginning in the 2015-2016 academic year, a student shall be eligible to participate in the NJ STARS program and take less than 12 credits in a semester if: the student provides to the county college a written note from a physician or other licensed health care professional indicating the student's need to take a reduced number of credits due to a physical or mental health condition; or the student provides to the county college, in such form as determined by the authority, verification of the recent death of the student's parent or spouse. To receive an NJ STARS payment for the semester, a student who receives a medical exemption or an exemption due to the recent death of the student's parent or spouse from the full-time course of study requirement pursuant to this subsection shall enroll for a minimum of six credits in the semester. A student shall receive an additional semester of NJ STARS eligibility for each semester the student receives an exemption from the full-time course of study requirement pursuant to this subsection, not to exceed five additional semesters. L.2008, c.124, s.3; amended 2017, c.360, s.2; 2019, c.232, s.1.

N.J. Stat. § 18A:71B-85.3 Application of college credits earned in high school.

4. A student who is eligible for an NJ STARS scholarship who earned college credits while enrolled in high school may submit to the county college a transcript from the institution of higher education that awarded the credits. If the county college determines that the student's coursework is equivalent to that offered by the county college, then the county college shall apply the credits toward the award of the student's associate degree under the NJ STARS Program. L.2008, c.124, s.4.

N.J. Stat. § 18A:71B-85.4 Current recipients unaffected; exceptions.

5. a. In the case of a student who is receiving a scholarship under the NJ STARS Program on the effective date of P.L.2008, c.124 (C.18A:71B-85.1 et al.), the scholarship shall be administered and the student shall remain eligible for the program in accordance with the provisions of P.L.2004, c.59 (C.18A:71B-81 et seq.) as the same read before the effective date of P.L.2008, c.124 (C.18A:71B-85.1 et al.); except that a student who is in the first year of county college enrollment shall be required to attain at least a 3.25 cumulative grade point average upon graduation from a county college in order to qualify for the New Jersey Student Tuition Assistance Reward Scholarship II (NJ STARS II) Program and a student who is in the second year of county college enrollment shall be required to attain at least a 3.0 cumulative grade point average upon graduation from a county college to qualify for NJ STARS II. b. Notwithstanding the provisions of subsection a. of section 4 of P.L.2005, c.359 (C.18A:71B-86.4) to the contrary, in the case of a student who is in the second year of county college enrollment on the effective date of P.L.2008, c.124 (C.18A:71B-85.1 et al.) who attains a cumulative grade point average equal to or greater than 3.0 and less than 3.25 upon graduation from a county college and who meets all other requirements for receipt of an NJ STARS II scholarship, the amount of the scholarship for the student's third academic year of study shall equal up to $3,000 per semester. L.2008, c.124, s.5.

N.J. Stat. § 18A:71B-85.5 Provision of information to students relative to eligibility for NJ STARS.

1. a. In September of each school year, the board of education of a school district or the chief school administrator of a nonpublic school shall provide each student in the 9th grade with general information on the New Jersey Student Tuition Assistance Reward Scholarship (NJ STARS) Program created pursuant to P.L.2004, c.59 (C.18A:71B-81 et seq.). b. In September of each school year, the board of education of a school district or the chief school administrator of a nonpublic school shall notify each student in the 11th grade who is ranked in the top 25.0% of the class of his potential to qualify for the NJ STARS Program if the student's class rank at the completion of the 11th grade or 12th grade is within the top 15.0% of the class. The notification shall include information about the rigorous course of study required to qualify for the program. A student in the 12th grade shall be notified of conditional eligibility for the NJ STARS Program by the Higher Education Student Assistance Authority in accordance with the provisions of section 2 of P.L.2008, c.124 (C.18A:71B-85.1). c. The notification by the board of education or chief school administrator required pursuant to subsections a. and b. of this section shall be communicated via regular or electronic mail or sent home with the student and include a brief description of the NJ STARS Program and the requirements for eligibility for the program. L.2009, c.280, s.1; amended 2014, c.55, s.2.

N.J. Stat. § 18A:71B-85.5a Requirements for scholarship.

3. In the event that a student was notified of eligibility for a scholarship under the NJ STARS Program for the first year of enrollment in a county college in the 2013-2014 academic year based on the student's class rank at the completion of the 11th grade, the student shall be eligible for the scholarship in that academic year if the student meets the requirements of subsection c. of section 5 of P.L.2004, c.59 (C.18A:71B-85). The student shall be eligible for an NJ STARS scholarship after the first year of county college enrollment if the student attains a grade point average of at least 3.0 by the start of the student's second year of county college enrollment and if the student meets the requirements of subsection c. of section 5 of P.L.2004, c.59 (C.18A:71B-85). L.2014, c.55, s.3.

N.J. Stat. § 18A:71B-85.6 Annual recruitment day.

5. Each county college is encouraged to host an annual recruitment day and invite a representative from each four-year public and independent institution of higher education in the State for the purpose of recruiting students for the NJ STARS II Program. L.2012, c.8, s.5.

N.J. Stat. § 18A:71B-85.7 Current NJ STARS recipients unaffected.

6. In the case of a student who is receiving a scholarship under the NJ STARS Program on the effective date of P.L.2012, c.8 (C.18A:71B-85.6 et al.) and who graduated from high school prior to 2010, the student shall receive an NJ STARS scholarship in accordance with the provisions of P.L.2004, c.59 (C.18A:71B-81 et seq.) as the same read before the effective date of P.L.2012, c.8 (C.18A:71B-85.6 et al.). L.2012, c.8, s.6.

N.J. Stat. § 18A:71B-86 Report to Legislature, Governor on NJSTARS Program; guidelines rules, regulations.

6. a. Not later than September 30,2006, the Higher Education Student Assistance Authority shall prepare and submit to the Legislature and the Governor a report on the implementation of the NJ STARS Program at the several county colleges. The report shall, for each college, set forth statistics on and include an analysis of student participation in the program at the college, the amounts of funding provided under the program to students enrolled at the college, the amounts of funding made available to those participating students from State sources other than the NJ STARS Program and from federal and institutional sources, and such other factors as the authority deems to be necessary or useful to the evaluation of the program. b. The Higher Education Student Assistance Authority shall administer the provisions of this act and shall establish appropriate criteria, procedures, and guidelines for awarding New Jersey Student Tuition Assistance Reward Scholarships to eligible students in accordance with the provisions of this act. The authority shall adopt in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to implement the provisions of this act. L.2004,c.59,s.6.

N.J. Stat. § 18A:71B-86.1 Short title.

1. This act shall be known and may be cited as the "New Jersey Student Tuition Assistance Reward Scholarship II (NJ STARS II) Program Act." L.2005,c.359,s.1.

N.J. Stat. § 18A:71B-86.2 Definitions relative to NJ STARS II Program.

2. As used in this act: "Authority" means the Higher Education Student Assistance Authority established pursuant to N.J.S.18A:71A-3. "Full-time course of study" in any semester means a course of study that includes at least 12 credit hours, not including any credit hours in a remedial or developmental curriculum, and leads to a degree from a New Jersey four-year public or independent institution of higher education. "Program" means the New Jersey Student Tuition Assistance Reward Scholarship II (NJ STARS II) Program. L.2005, c.359, s.2; amended 2012, c.8, s.2.

N.J. Stat. § 18A:71B-86.3 NJ STARS II Program created.

3. There is hereby created the New Jersey Student Tuition Assistance Reward Scholarship II (NJ STARS II) Program. It shall be the duty of the Higher Education Student Assistance Authority to administer the program. L.2005,c.359,s.3.

N.J. Stat. § 18A:71B-86.4 Eligibility for NJ STARS II; scholarship amounts.

4. a. A scholarship under the NJ STARS II Program shall be applied toward the cost of tuition or in the case of a student who receives a Tuition Aid Grant toward the cost of tuition and fees, subject to the prior application of other grants and scholarships against such costs as provided under paragraph (2) of subsection e. of this section, for an eligible student enrolled in a full-time course of study at a New Jersey four-year public or independent institution of higher education. A scholarship under the NJ STARS II Program shall be paid to the institution in the amount of $1,250 per semester. The cost of a scholarship shall be paid 100% by the State. Any cost of attendance that is not covered by the NJ STARS II scholarship or other available forms of grants and scholarships shall be paid by the student. b. A student shall be eligible for a scholarship under the NJ STARS II Program for up to four semesters, excluding summer sessions, at a New Jersey four-year public or independent institution of higher education. c. A student shall be eligible to receive a scholarship under the NJ STARS II Program for the student's third academic year of study if the student: has an annual family income, both taxable and non-taxable, as derived from the Free Application for Federal Student Aid (FAFSA) for the academic year, of less than $250,000; attained an associate's degree from a New Jersey county college; except as otherwise provided pursuant to subsection c. of section 2 and subsection b. of section 3 of P.L.2008, c.124 (C.18A:71B-85.2), received a scholarship under the "New Jersey Student Tuition Assistance Reward Scholarship (NJ STARS) Program Act," P.L.2004, c.59 (C.18A:71B-81 et seq.), for each semester of study in the county college, or was eligible for but did not receive a scholarship under NJ STARS because the student's tuition was fully covered by other State or federal need-based grants or merit scholarships, or was eligible for but did not receive a scholarship under NJ STARS because the student was enrolled while a high school student in county college courses and received an associate's degree in accordance with a joint program offered by the student's school district and a county college; attains a cumulative grade point average of at least 3.25 upon graduation from county college; enrolls in a baccalaureate degree program at a New Jersey four-year public or independent institution of higher education for the third academic year of study in the academic year immediately following the student's attainment of an associate's degree; and meets the criteria set forth in subsection e. of this section. A grade for credits earned during a summer semester shall for the purposes of this subsection be included in the calculation of the cumulative grade point average. d. A student shall be eligible to receive a scholarship under the NJ STARS II Program for the student's fourth academic year of study if the student: received a scholarship under the NJ STARS II Program for the student's third academic year of study pursuant to subsection c. of this section; based on the student's performance during the third academic year of study, attained a grade point average of at least 3.25; and meets the criteria set forth in subsection e. of this section. A grade for credits earned during a summer semester shall for the purposes of this subsection be included in the calculation of the grade point average for the preceding academic year. e. To be eligible to receive a scholarship under the NJ STARS II Program, a student shall: (1) be a State resident pursuant to guidelines established by the authority. Notwithstanding the provisions of section 1 of P.L.1979, c.361 (C.18A:62-4) or any other section of law to the contrary, a dependent child of a parent or guardian who has been transferred to a military installation located in this State shall be considered a resident of this State for the purposes of qualifying for an NJ STARS II scholarship; (2) have applied for all other available forms of State and federal need-based grants and merit scholarships, exclusive of loans, the full amount of which grants and scholarships shall be applied to tuition, and fee charges if applicable, to reduce the amount of any scholarship that the student shall receive under the provisions of P.L.2005, c.359 (C.18A:71B-86.1 et seq.); (3) except as otherwise provided pursuant to subsection h. of this section, be enrolled in a full-time course of study at a four-year public or independent institution of higher education; and (4) maintain continuous enrollment in a full-time course of study, unless on medical leave due to the illness of the student or a member of the student's immediate family or emergency leave because of a family emergency, which medical or emergency leave shall have been approved by the four-year public or independent institution of higher education, or unless called to partial or full mobilization for State or federal active duty as a member of the National Guard or a Reserve component of the Armed Forces of the United States. f. A student who is dismissed for academic or disciplinary reasons from a four-year public or independent institution of higher education shall no longer be eligible for a scholarship under this act. If a student participating in the program is dismissed for disciplinary reasons, the student shall repay in full all amounts received under the program. The four-year public or independent institution of higher education shall be responsible for collecting the repayment, or the amount of any overpayment or other improper payment, of any State awards under the program, in accordance with the provisions of N.J.S.18A:71B-10. g. A student scholarship under the NJ STARS II Program may be renewed upon the student's filing of a renewal financial aid application and providing evidence that the student has satisfied the requirements pursuant to this section. h. Beginning in the 2015-2016 academic year, a student shall be eligible to participate in the NJ STARS II program and take less than 12 credits in a semester if: the student provides to the four-year public or independent institution of higher education a written note from a physician or other licensed health care professional indicating the student's need to take a reduced number of credits due to a physical or mental health condition; or the student provides to the institution, in such form as determined by the authority, verification of the recent death of the student's parent or spouse. To receive an NJ STARS II payment for the semester, a student who receives a medical exemption or an exemption due to the recent death of the student's parent or spouse from the full-time course of study requirement pursuant to this subsection shall enroll for a minimum of six credits in the semester. A part-time NJ STARS II award shall be prorated against the full-time NJ STARS award as follows: an eligible student enrolled with six to eight credits shall receive one-half of the value of a full-time award, and an eligible student enrolled with nine to 11 credits shall receive three-quarters of a full-time award. A student shall receive an additional semester of NJ STARS II eligibility for each semester the student receives an exemption from the full-time course of study requirement pursuant to this subsection, not to exceed four additional semesters. Total NJ STARS II payments shall not exceed $5,000 for a student. L.2005, c.359, s.4; amended 2007, c.214, s.2; 2008, c.124, s.6; 2012, c.8, s.3; 2017, c.360, s.3; 2019, c.231, s.2.

N.J. Stat. § 18A:71B-86.4a Eligibility of certain NJ STARS II recipients.

9. In the case of a student who is receiving a scholarship under the NJ STARS II Program and is in the third academic year of study at a public institution of higher education on the effective date of P.L.2008, c.124 (C.18A:71B-85.1 et al.), the scholarship shall be administered and the student shall remain eligible for the program in accordance with the provisions of P.L.2005, c.359 (C.18A:71B-86.1 et seq.) as the same read before the effective date of P.L.2008, c.124 (C.18A:71B-85.1 et al.). L.2008, c.124, s.9.

N.J. Stat. § 18A:71B-86.4b Current NJ STARS II recipients unaffected.

7. In the case of a student who is receiving a scholarship under the NJ STARS II Program in the 2011-2012 academic year and is in the third academic year of study or was eligible to receive an NJ STARS II scholarship in the 2011-2012 academic year for the third academic year of study but did not receive the scholarship because the student's tuition or tuition and fees, as applicable, was fully covered by other available forms of State and federal need-based grants and merit scholarships, the student shall receive an NJ STARS II scholarship for the student's fourth academic year of study in accordance with the provisions of P.L.2005, c.359 (C.18A:71B-86.1 et seq.) as the same read before the effective date of P.L.2012, c.8 (C.18A:71B-85.6 et al.). L.2012, c.8, s.7.

N.J. Stat. § 18A:71B-86.4c County college student to maintain certain cumulative average for eligibility for NJ STARS II program.

4. a. Notwithstanding any law or regulation to the contrary, a student enrolled in a county college in the 2019-2020 academic year shall attain a cumulative grade point average of at least 3.0 upon graduation from the county college to be eligible for a scholarship under the NJ STARS II Program for the student's third academic year of study. b. Notwithstanding any law or regulation to the contrary, a student enrolled in a four-year institution of higher education in the 2019-2020 academic year shall remain eligible for a scholarship under the NJ STARS II Program in his third semester of study at a four-year institution. To remain eligible for a scholarship in the fourth semester of study, a student who was enrolled in the 2019-2020 academic year shall attain a grade point average of at least a 3.25 based on the student's performance during the first three semesters of study at the four-year institution. L.2020, c.31, s.4.

N.J. Stat. § 18A:71B-86.5 Transfer of academic credits.

5. The policies and procedures set forth in the Statewide transfer agreement established pursuant to P.L.2007, c.175 (C.18A:62-46 et seq.) shall govern the transfer of academic credits awarded by a county college to an NJ STARS student who subsequently enrolls in a four-year public institution of higher education and is participating in the NJ STARS II Program at the institution. L.2005, c.359, s.5; amended 2008, c.124, s.7.

N.J. Stat. § 18A:71B-86.6 Report to Governor, Legislature; authority regulations.

6. a. Not later than September 30, 2008, the authority shall prepare and submit to the Legislature and the Governor a report on the implementation of the NJ STARS II Program at the four-year public institutions of higher education. The report shall, for each institution, set forth statistics on and include an analysis of student participation in the program at the institution, the amounts of funding provided under the program to students enrolled at the institution, the amounts of funding made available to those participating students from State sources other than the NJ STARS II Program and from federal and institutional sources, and such other factors as the authority deems to be necessary or useful to the evaluation of the program. The report shall set forth the number of students participating in the program Statewide, including such statistical and demographic information as may be relevant and appropriate. b. The authority shall administer the provisions of this act and shall establish appropriate criteria, procedures, and guidelines for awarding New Jersey Student Tuition Assistance Reward II Scholarships to eligible students in accordance with the provisions of this act. The authority shall adopt in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to implement the provisions of this act. L.2005,c.359,s.6.

N.J. Stat. § 18A:71B-86.7 Construction of act relative to application, admissions procedures.

7. Nothing in this act shall be construed to require a four-year public or independent institution of higher education to admit a student eligible for a scholarship under this act or to waive its admission standards and application procedures; except that the institution shall apply the same admission standards and application procedures that it applies to all other transfer students. L.2005, c.359, s.7; amended 2008, c.124, s.8; 2012, c.8, s.4.

N.J. Stat. § 18A:71B-87 Short title.

1. This act shall be known and may be cited as the "Social Services Student Loan Redemption Program Act." L.2005,c.157,s.1.

N.J. Stat. § 18A:71B-88 Findings, declarations relative to social services student loan redemption.

2. The Legislature finds and declares that: a. A qualified and stable work force in public facilities and nonprofit social services agencies is essential to ensure the provision of quality services to persons in need of services, including persons with mental illness, developmental disabilities or other disabilities, persons in need of substance use disorder treatment and juveniles under the custody and care of the Youth Justice Commission; b. These public facilities and social services agencies are currently facing a personnel crisis, which is expected to worsen in the next two decades; c. The entry-level and on-going salaries offered by these public facilities and social services agencies to direct care professionals are not always competitive with those offered in the private for profit sector, which limits the ability of these facilities and agencies to attract and retain qualified direct care professionals; d. Loan redemption programs can address the economic hardship of direct care professionals performing critical work in low-paying jobs, who in many instances are forced, because of their high loan debt and low incomes, to reject or abandon employment in the public sector, which is in great need of their skills and knowledge, for employment that is more financially rewarding; e. The departure of these skilled direct care professionals from the public and nonprofit sector is, in many cases, a loss to their own sense of personal fulfillment, to the consumers that they serve, and to society at large; and f. The establishment by this State of a loan redemption program for direct care professionals employed in public facilities and nonprofit agencies that contract with the Department of Human Services and the Youth Justice Commission is essential to address the need for the continued provision of high-quality services by these skilled and knowledgeable professionals. L.2005, c.157, s.2; amended 2023, c.177, s.52; 2025, c.35, s.39.

N.J. Stat. § 18A:71B-89 Definitions relative to social sciences student loan redemption.

3. As used in this act: "Approved course of study" means: an undergraduate program leading to a bachelor's degree offered by a four-year public or independent institution of higher education; or a graduate program leading to a master's degree, which is offered by a public or independent institution of higher education, in a human services discipline such as social work, psychology or counseling, or a health-related profession such as occupational, physical or speech therapy. "Approved employment" means postgraduate, full-time employment as a direct care professional in a qualified facility. The term shall not include a paid student internship, paid fellowship, volunteer service or employment before graduation. "Authority" means the Higher Education Student Assistance Authority established pursuant to N.J.S.18A:71A-3. "Direct care professional" means a professional staff member at a qualified facility who provides one or more of the following services to eligible persons: counseling; physical, occupational, recreational or speech therapy; case management; vocational training; assistance with activities of daily living; medication management; budgeting assistance; addiction treatment services; nutrition; and other clinical services. "Eligible student loan expenses" mean the cumulative total of the annual student loans, covering the cost of attendance while enrolled in an approved course of study. Interest paid or due on student loans that a program participant has taken out for use in paying the costs of attendance at an institution of higher education shall be considered eligible for reimbursement under the program. "Program" means the Social Services Student Loan Redemption Program established pursuant to this act. "Program participant" means a person who meets the requirements of the program. "Qualified facility" means: a facility operated by the Department of Human Services that provides direct care services to persons served by the department; a county psychiatric hospital; a facility operated by the Youth Justice Commission; a veterans' memorial home operated by the Department of Military and Veterans' Affairs; and a nonprofit agency in the State that contracts with the Department of Human Services or the Youth Justice Commission to provide direct care services to persons served by the department or commission. L.2005, c.157, s.3; amended 2025, c.35, s.40.

N.J. Stat. § 18A:71B-90 Social Services Student Loan Redemption Program.

4. There is established the Social Services Student Loan Redemption Program within the Higher Education Student Assistance Authority. The purpose of the program is to address the current and projected critical shortage of direct care professionals in the State by providing an incentive for persons to engage in employment at certain public facilities, and nonprofit social services agencies under contract with the Department of Human Services or the Youth Justice Commission, so as to ensure that State residents who are in need of direct care services at these facilities and agencies have sufficient, qualified professional staff in order to provide the needed services. The program shall provide loan redemption to finance the undergraduate or graduate study of program participants in exchange for full-time employment as a direct care professional at a qualified facility following completion of an approved course of study. L.2005, c.157, s.4; amended 2025, c.35, s.41.

N.J. Stat. § 18A:71B-91 Eligibility for participation in program.

5. To be eligible to participate in the program, a direct care professional shall: a. be a resident of the State and maintain domicile in the State during participation in the program; b. have successfully completed an approved course of study within a one-year period prior to being hired as a full-time direct care professional at a qualified facility; c. have been initially hired as a full-time direct care professional at a qualified facility on or after the date of enactment of this act; and d. have an outstanding balance with a State or federal student loan program and not be in default on any student loan. L.2005,c.157,s.5.

N.J. Stat. § 18A:71B-92 Application for loan redemption.

6. An eligible direct care professional may apply to the authority for a loan redemption in such a manner as the authority prescribes and shall include all information and documentation required by the authority. a. A program participant shall enter into a written contract with the authority to participate in the program. The contract shall specify the duration of the applicant's required service and the total amount of eligible student loan expenses to be redeemed by the State in return for service. b. The redemption of loans under the program shall not exceed $5,000 of principal and interest of eligible student loan expenses for each full year of service satisfactorily completed by the program participant. The total loan redemption amount for a program participant, for four years of service, shall not exceed $20,000. No amount of loan redemption shall be provided for service performed for less than a full year. c. The period of service shall commence on or after the date of enactment of this act. L.2005,c.157,s.6.

N.J. Stat. § 18A:71B-93 Nullification of redemption contract.

7. a. A program participant who has entered into a redemption contract with the authority may nullify that contract by submitting written notification to the authority and assuming full responsibility for repayment of the full amount of the participant's loan or that portion of the loan that has not been redeemed by the State in return for partial fulfillment of the contract. b. In the case of a program participant's death or total or permanent disability, the authority shall nullify the service obligation of the participant, thereby terminating the participant's service obligation; or where continued enforcement of the contract may result in extreme hardship, the authority may nullify or suspend the participant's service obligation. L.2005,c.157,s.7.

N.J. Stat. § 18A:71B-94 Loan forgiveness awards.

8. The authority shall grant loan forgiveness awards subject to the availability of funds appropriated for this purpose, of which funds, 80% shall be allocated to provide loan redemption to finance the undergraduate study of program participants and 20% shall be allocated to provide loan redemption to finance the graduate study of program participants. L.2005,c.157,s.8.

N.J. Stat. § 18A:71B-95 Annual report.

9. The authority shall annually submit a report on the program to the Governor and the chairmen of the Senate Budget and Appropriations, Assembly Appropriations, Senate Health, Human Services and Senior Citizens, and Assembly Health and Human Services committees, or their successor committees. The report shall be submitted no later than August 1 of each year and shall include, but not be limited to, the following information for the prior fiscal year: a. the total number of participants receiving loan redemption under the program; b. the approved course of study of each of the participants; and c. the total number of participants who withdrew from the program and failed to complete the program's employment requirement. L.2005,c.157,s.9.

N.J. Stat. § 18A:71B-96 Rules, regulations.

10. The Higher Education Student Assistance Authority, in consultation with the Commissioner of Human Services and the executive director of the Youth Justice Commission, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) shall adopt rules and regulations necessary to implement the provisions of this act, including eligibility criteria for the program, procedures for determining the amount of the loan redemption award, and the types of direct care professional positions that qualify for the program. L.2005, c.157, s.10; amended 2025, c.35, s.42.

N.J. Stat. § 18A:71B-97 Filling of direct care professional position with persons having degrees.

11. To better ensure the effectiveness of the program, any agency of the State, any political subdivision thereof, and any nonprofit agency in the State, that operates a qualified facility, or provides services under contract funded in whole or in part with State funds at a qualified facility shall make the greatest possible good faith effort to fill any direct care professional position at the qualified facility with a person having an undergraduate or graduate degree in a human services discipline, such as social work, psychology or counseling, or in a health-related profession such as occupational, physical, or speech therapy. L.2005,c.157,s.11.

N.J. Stat. § 18A:71B-98 Short title.

1. This act shall be known, and may be cited, as the "Military Dependents Scholarship Fund Act." L.2015, c.117, s.1.

N.J. Stat. § 18A:71B-99 Military Dependents Scholarship Fund.

2. a. There is established in the Higher Education Student Assistance Authority a nonlapsing fund which shall be known as the Military Dependents Scholarship Fund. The fund shall be administered by the board of trustees established pursuant to section 3 of this act. b. The fund shall consist of: all moneys appropriated by the Legislature for inclusion in the fund; investment earnings of the fund; and moneys contributed to the fund by private sources, to be used for the purposes of this act. c. The moneys in the fund shall be invested and reinvested by the Director of the Division of Investment in the Department of the Treasury. L.2015, c.117, s.2.

N.J. Stat. § 18A:71B-100 Board of trustees.

3. a. The board of trustees of the Military Dependents Scholarship Fund shall consist of the State Adjutant General, or a designee, the State Treasurer, or a designee, the executive director of the Higher Education Student Assistance Authority, or a designee, the Secretary of Higher Education, or a designee, and nine public members appointed as follows: two by the President of the Senate, who shall not be of the same political party, two by the Speaker of the General Assembly, who shall not be of the same political party, and five by the Governor, with the advice and consent of the Senate, no more than three of whom shall be of the same political party. At least five of the public members shall be persons who were directly affected by Operation Noble Eagle, Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn. Two of the public members shall be named by the Governor to serve as co-chairpersons of the board. b. Each public member of the board shall serve for a term of three years and until a successor shall have been appointed and qualified; except that of the first members appointed, two shall serve for one year, three shall serve for two years and four shall serve for three years. Any vacancy in the membership of the board shall be filled in the same manner as the original appointment for the remainder of the unexpired term. c. Members of the board shall serve without compensation. Reasonable expenses of the board shall be paid out of the fund proceeds, subject to approval by the State Treasurer. d. The board shall have the following duties and responsibilities: (1) determine eligibility for a scholarship from the fund; (2) determine the amount of each scholarship award; (3) report annually to the Governor and the Legislature on the performance of its duties in accordance with the provisions of this act; (4) solicit and raise private funds to finance the Military Dependents Scholarship program; and (5) receive and disburse such contributions to the fund as may be forthcoming from private and public sources. L.2015, c.117, s.3.

N.J. Stat. § 18A:71B-101 Awarding of scholarships.

4. a. The board of trustees is authorized to award scholarships from the fund for the costs of undergraduate study at a public or independent institution of higher education to the spouse, child, or other eligible dependent of a New Jersey resident who is killed, officially listed as "Missing in Action" by the United States Department of Defense, or totally and permanently disabled as certified by the United States Department of Veterans Affairs as a consequence of Operation Noble Eagle, Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn. b. Scholarships from the fund may be awarded annually upon proper application by any student who qualifies under the criteria established by the authority. L.2015, c.117, s.4.

N.J. Stat. § 18A:71B-102 Qualifications for award of scholarship.

5. a. A Military Dependents Scholarship shall not be awarded to an applicant unless the applicant has demonstrated to the satisfaction of the board that the applicant: (1) will be or is enrolled in a full-time undergraduate program of study leading to a degree at an institution of higher education; and (2) has complied with all rules and regulations adopted pursuant to this act for the award, regulation and administration of scholarships from the fund. b. Eligibility for a Military Survivors Scholarship, in the case of a spouse or other eligible dependent, shall be limited to a period of 15 years from the date of death of the person, the date the person is officially listed as "Missing in Action" or the date upon which the person is certified to have been totally and permanently disabled for initial receipt of the benefits under the program. In the case of a dependent child, eligibility shall be limited to a period of eight years following graduation from high school. L.2015, c.117, s.5.

N.J. Stat. § 18A:71B-103 Rules, regulations.

6. The Higher Education Student Assistance Authority, in consultation with the Secretary of Higher Education, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the purposes of this act, including establishing criteria for eligibility for a scholarship from the fund and procedures for determining the amount of each scholarship award. L.2015, c.117, s.6.

N.J. Stat. § 18A:71B-104 Definitions relative to engineering and science careers.

1. As used in this act: "Partner high school" means a high school that has been selected for participation in the New Jersey "Accessing Careers in Engineering and Science (ACES) Program" pursuant to subsection a. of section 3 of this act. "Public or independent research university" means Rutgers, The State University of New Jersey, Rowan University, the New Jersey Institute of Technology, Montclair State University, Kean University, Stevens Institute of Technology, Princeton University, and Seton Hall University. "Underrepresented student" means a student who is a member of an underserved community or a member of a group that is underrepresented in the STEM fields. L.2019, c.431, s.1; amended 2021, c.282, s.60.

N.J. Stat. § 18A:71B-105 "Accessing Careers in Engineering and Science (ACES) Program."

2. a. The Secretary of Higher Education shall establish the New Jersey "Accessing Careers in Engineering and Science (ACES) Program." The purposes of the program are to increase the participation of underrepresented students in the science, technology, engineering, and mathematics (STEM) fields; and to develop a larger and more diverse STEM workforce in the State. The ACES Program shall consist of two components: (1) a residential pre-college summer program for selected high school students established pursuant to section 3 of this act; and (2) an undergraduate ACES Scholar program established pursuant to section 4 of this act. b. The secretary shall select up to eight public or independent research universities in New Jersey to implement the ACES Program, based upon the university's interest in participating in the program and subject to the availability of funds. A public or independent research university that wants to participate shall submit an application to the secretary, which includes a proposal for implementing both the pre-college summer program and the undergraduate ACES Scholar program in accordance with sections 3 and 4 of this act. The university's proposal shall also include the university's plans for funding its share of the program costs and for obtaining the necessary private sector funding pursuant to section 5 of this act. L.2019, c.431, s.2; amended 2021, c.282, s.61.

N.J. Stat. § 18A:71B-106 Residential pre-college summer program.

3. a. Each research university that participates in the ACES Program shall establish a residential pre-college summer program for selected underrepresented high school students who attend a partner high school. Partner high schools shall be selected by the research university, in consultation with the Secretary of Higher Education, based on certain criteria including the high school's population of underrepresented students, socioeconomic status, the availability of rigorous STEM coursework, and a supportive school administration. During each school year, teachers and school counselors at a partner high school shall identify and nominate talented underrepresented students for participation in the ACES pre-college program for the upcoming summer. Each student who is selected for the pre-college summer program shall receive a tuition-free scholarship to participate in the program and travel stipends, if necessary. b. The ACES pre-college summer program at each participating research university shall consist of a one or two-week immersive, residential program that introduces high school students to a range of topics in science, engineering, mathematics, and technology in a hands-on learning environment. The program shall provide the students with exposure to the college experience and encourage the students to pursue an education in the STEM fields. The pre-college summer program and follow-up activities at each participating research university shall include, at a minimum, the following components: (1) exposure to the STEM disciplines with a focus on hands-on learning; (2) engagement with faculty, staff, and current students at the university during and after the pre-college summer program; (3) counseling on the college admissions and financial aid processes; (4) introduction to successful university graduates who work in the STEM fields in New Jersey, including corporate site visits to STEM and technology companies; (5) customized college visit days during the college admissions process for students who attended the pre-college summer program; and (6) professional development programs for teachers and school counselors at the partner high schools. L.2019, c.431, s.3.

N.J. Stat. § 18A:71B-107 Undergraduate ACES Scholar program.

4. a. Each research university that participates in the ACES Program shall establish an undergraduate ACES Scholar program, which provides talented underrepresented students who have been accepted for admission to the university and who are interested in pursuing a degree in a STEM discipline, with generous financial aid packages and enhanced academic support as they pursue their baccalaureate degrees. In selecting students for participation in the undergraduate ACES Scholar program, the university may give preference to students who previously participated in the ACES pre-college summer program. b. The undergraduate ACES Scholar program at each participating research university shall include, at a minimum, the following components: (1) admissions and financial aid workshops for high school students interested in applying for the undergraduate ACES Scholar program; (2) a substantial scholarship package for each student selected to participate in the ACES Scholar program, including support for tuition, fees, and living expenses; (3) customized campus visit days for the ACES Scholars and their families; (4) enhanced academic support services for the ACES Scholars throughout the pursuit of their college degrees; (5) mentorship programs, including faculty and peer mentoring; (6) alumni networking opportunities; (7) opportunities for co-operative education and internship programs with New Jersey STEM companies; and (8) any other services as determined by the research university to assist the ACES Scholars in acclimating to college and succeeding as they pursue their STEM degrees. c. The Secretary of Higher Education may require, as a condition of participating in the ACES Scholar program and receiving scholarship funds, that the participating students commit to working in the State of New Jersey for four years after graduating from the research university. L.2019, c.431, s.4.

N.J. Stat. § 18A:71B-108 Funding.

5. The New Jersey ACES Program established pursuant to this act shall be funded equally by three sectors: the State of New Jersey; the participating public or independent research universities; and the State's private sector. The State shall fund one-third of the annual total program costs through appropriations, and the participating research universities shall fund one-third of the annual total program costs. The participating research universities shall be responsible for soliciting and securing the remaining one-third of program costs from the New Jersey private sector including corporations and companies representative of the STEM industry. L.2019, c.431, s.5.

N.J. Stat. § 18A:71B-109 Annual report.

6. Each research university that participates in the ACES Program shall annually submit a report on the program to the Secretary of Higher Education in a time and manner as determined by the secretary. The report shall include, but not be limited to: a. the number of eligible underrepresented students who were nominated for the pre-college summer program and who applied for admission to the university; b. the number of eligible underrepresented students who participated in the pre-college summer program and who enrolled in the university; c. the number and percentage of pre-college summer program students who participated in the undergraduate ACES Scholar program; d. the number and percentage of pre-college summer program students who enrolled in a STEM undergraduate degree program; e. the annual retention rate of undergraduate students who enrolled in the university after participating in the pre-college summer program; f. the graduation rate and employment data for students who participated in the undergraduate ACES Scholar program, including the corporations and companies employing the students; and g. the amount of private funding secured by the university from the State's private sector, including from corporations and companies representative of the STEM industry. L.2019, c.431, s.6.

N.J. Stat. § 18A:71B-110 Rules, regulations.

7. The Secretary of Higher Education shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the purposes of this act. L.2019, c.431, s.7.

N.J. Stat. § 18A:71B-111 Definitions relative to financial aid for county college students.

1. As used in this act: "Annual adjusted gross income" means: a. for a dependent student, the annual adjusted gross income of the student's parent or legal guardian, as reported on the student's Free Application for Federal Student Aid or other financial aid form; and b. for an independent student, the annual adjusted gross income of the student and, if applicable, the spouse of the student, as reported on the student's Free Application for Federal Student Aid or other financial aid form. "Approved educational fees" means general education fees, registration fees, facility fees, technology fees, laboratory fees, student service and activity fees, and program and course fees, including fees associated with coursework in nursing, culinary, and other career and technical education programs as determined by the Higher Education Student Assistance Authority in consultation with the Office of the Secretary of Higher Education , subject to the limit of funds appropriated or otherwise made available for the program. "Authority" means the Higher Education Student Assistance Authority established pursuant to N.J.S.18A:71A-3. "Out-of-county college" means a county college that is outside of a student's county of residence. "Program" means the Community College Opportunity Grant Program created pursuant to section 2 of this act. "Three plus one degree program" means a baccalaureate degree program created pursuant to section 1 of P.L.2018, c.144 (C.18A:3B-78). L.2021, c.26, s.1.

N.J. Stat. § 18A:71B-112 Community College Opportunity Grant Program.

2. There is hereby created the Community College Opportunity Grant Program. The purpose of the program shall be to provide financial aid grants to eligible county college students, to cover the costs of tuition and approved educational fees that are not already covered by any other State, federal, and institutional need-based grants or merit scholarships and to provide county colleges with Student Success Incentive funding for outreach and student success initiatives. The financial aid grants distributed to eligible students under the program shall be administered by the Higher Education Student Assistance Authority, while the Student Success Incentive funding distributed to county colleges under the program shall be administered by the Office of the Secretary of Higher Education. L.2021, c.26, s.2.

N.J. Stat. § 18A:71B-113 Eligibility for financial aid grant.

3. a. To be eligible to receive a financial aid grant under the Community College Opportunity Grant Program, a student shall: (1) be a legal resident of the State in accordance with the provisions of N.J.S.18A:71B-2 or be eligible for student financial aid pursuant to P.L.2018, c.12 (C.18A:71B-2.1); (2) be enrolled in at least six credits at a county college established pursuant to chapter 64A of Title 18A of the New Jersey Statutes; (3) (a) be enrolled at the county college that serves the student's county of residence; or (b) be enrolled at an out-of-county college, in which case the student, if otherwise eligible, shall receive a grant under the program to cover the remaining costs of tuition and approved educational fees, charged at the in-district rate for the county college at which the student is enrolled, provided that the amount of a grant provided to a student under this subparagraph does not exceed the amount of tuition and approved educational fees actually charged to the student; (4) not have an annual adjusted gross income that is negative; (5) have an annual adjusted gross income between $0 and $65,000, except that the authority, in consultation with the Office of the Secretary of Higher Education and the New Jersey Council of County Colleges, may annually establish maximum annual adjusted gross income eligibility limits of no less than $65,000; (6) have applied for all other available forms of State, federal, and institutional need-based grants and merit scholarships and, in accordance with annually established deadline dates, have completed and submitted a Free Application for Federal Student Aid, other financial aid form, or, as applicable, a State financial aid form as required by the authority pursuant to subsection b. of section 1 of P.L.2018, c.12 (C.18A:71B-2.1); (7) not owe a refund on a grant or scholarship previously received from a State or federal program through any institution or be in default on any loan made under any State or federal student loan program at any institution, unless the student makes arrangements with the authority to repay the debt; and (8) be in good academic standing and meet the minimum standards for academic performance and satisfactory academic progress as defined by the county college which the student is attending. A county college shall not impose additional eligibility requirements for the program, other than the requirements set forth in this subsection. b. A grant under the program may be renewed for a student who: (1) annually completes and submits a Free Application for Federal Student Aid, other financial aid form, or, as applicable, a State financial aid form as required by the authority pursuant to subsection b. of section 1 of P.L.2018, c.12 (C.18A:71B-2.1); (2) meets the standards for academic performance and satisfactory academic progress, as defined by the county college which the student is attending, to determine eligibility for federal student aid programs under Title IV of the Higher Education Act of 1965 or, in the semester immediately prior to receiving an award, attains a minimum level of academic success as determined by the authority; and (3) maintains all eligibility requirements established pursuant to subsection a. of this section. c. (1) A student shall be eligible for a grant under the program for up to five semesters, unless the student is enrolled in a program regularly requiring at least six semesters for completion, in which case the authority shall permit up to six semesters of eligibility. (2) A student enrolled in a three plus one degree program shall be eligible for a grant under the program for up to six semesters. (3) Semesters for which a student is enrolled in at least six credits but less than 12 credits shall be counted as one-half of a full-time semester. d. A student may be eligible for a grant under the program during a fall or spring semester in an academic year. e. If a student, the student's family, or a county college deems that the authority made an unfair determination of eligibility, an appeal may be filed with the authority within 60 days of initial notification of eligibility or ineligibility. f. The county college which a student attends shall notify the student of the student's eligibility for the program and the amount of the grant. L.2021, c.26, s.3.

N.J. Stat. § 18A:71B-114 Amount of grant distributed.

4. a. A grant distributed to an eligible student under the Community College Opportunity Grant Program shall cover the remaining cost of tuition and approved educational fees, which is not covered by State, federal, or any other need-based grant or merit scholarship, for up to 18 credits in any semester. The full amount of State, federal, and institutional need-based grant or merit scholarships received by an eligible student shall be applied to the amount of tuition and approved educational fees charged to an eligible student. The remaining balance of tuition and approved educational fees shall be covered by a grant under the program. b. A full award under the program to a student at a county college shall be equal to the student's full cost of approved tuition and approved educational fees, subject to the prior application of all other State, federal, and institutional need-based grants and merit scholarships against those costs, for up to 18 credits in any semester, for an eligible student for a full-time semester in an associate's degree, certificate, or three plus one degree program. For an eligible student enrolled in at least six credits but less than 12 credits in an associate's degree, certificate, or three plus one degree program, a grant under the program shall be pro-rated from the full-time approved tuition and approved educational fees based on the number of credits for which that student is enrolled. c. The authority shall, for each county college, annually establish a maximum individual grant amount awarded under the program. The maximum individual grant amount for each county college shall not increase by more than three percent over the prior year. L.2021, c.26, s.4.

N.J. Stat. § 18A:71B-115 Annual appropriation.

5. a. The Legislature shall annually appropriate to the Office of the Secretary of Higher Education such funds as may be necessary for Student Success Incentive funding to provide capacity-building grants to each county college to support the goals of the Community College Opportunity Grant Program. The Secretary of Higher Education shall distribute funding made available pursuant to this section to county colleges for outreach, recruitment, and promoting the success of county college students. The secretary shall establish the purposes for which a county college may use a grant received pursuant to this section, which shall include, but not be limited to: (1) establishing mentorship programs; (2) hosting events to assist students and families in completing financial aid applications; and (3) addressing students' material hardships, such as lack of access to food, medical care, housing, child care, and transportation. b. The secretary shall distribute the funding made available pursuant to this section. The secretary may retain up to five percent of the funding for grant administration activities designed to increase the effectiveness of the program. Fifty percent of the remaining appropriation shall be distributed equally among all of the county colleges, while the other fifty percent of the remaining appropriation shall be distributed based on the total number of students at each county college who received awards under the program during the previous academic year. L.2021, c.26, s.5.

N.J. Stat. § 18A:71B-116 Rules, regulations.

6. The authority shall adopt in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to implement the provisions of sections 1 through 4 of this act. The Office of the Secretary of Higher Education shall adopt in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to implement the provisions of section 5 of this act. L.2021, c.26, s.6.

N.J. Stat. § 18A:71B-117 Findings, declarations relative to eligibility for certain programs.

1. The Legislature finds and declares that the State spends considerable funds on educational institutions, including proprietary schools, training providers, and other postsecondary schools. It is in the State's interests to ensure that State funds going to schools, training providers, or their students, are funding consistently high-quality educational experiences, but the State does not have the resources to monitor these programs daily. Instead, to ensure that limited State funds are expended on high-quality programs, the State depends on students' ability to effectively vindicate their rights under State and federal law in litigation against educational institutions that are or may receive funds. Lawsuits like these deter the misuse of State funds without the expenditure of State resources on enforcement, and public filings resulting from such litigation may be monitored by the State to assess whether it is spending its limited funds appropriately. The Legislature further finds and declares that such educational institutions frequently require their students to sign enrollment contracts that include forced arbitration and other restrictive clauses, including clauses that require students to waive their right to participate in a class action against the company. These clauses impede students from being able to sue to enforce State and federal law against their educational institutions, and the few private and individual arbitrations that students are able to file against educational institutions are not publicly filed and available for monitoring by the State. L.2021, c.53, s.1.

N.J. Stat. § 18A:71B-118 Eligibility contingent on actions of institution, school.

2. a. A student enrolled in a public or independent institution of higher education or a proprietary institution licensed to offer academic degrees shall be ineligible to receive any form of student assistance from the State, including grants, scholarships, and loans, in the event that the institution or school requires the student to: (1) submit to an agreement to arbitrate or to an arbitration proceeding to resolve any matter thereafter relating to the student's enrollment prior to the commencement of any legal action; (2) resolve a complaint relating to the student's enrollment through an internal dispute process; (3) waive any right, forum, or procedure afforded to the student, including any right to file and pursue a civil action, class action or a complaint with, or otherwise notify, any State agency, other public prosecutor, law enforcement agency, or any court or other governmental entity of any alleged violation of the student's rights; or (4) be prohibited from disclosing, discussing, describing, or commenting upon the terms of the student's enrollment agreement or any violation thereof. Nothing in this subsection shall be construed to prohibit a student from receiving any form of student assistance from the State for which the student is eligible at a different institution of higher education or proprietary institution licensed to offer academic degrees. b. A public or independent institution of higher education or a proprietary institution licensed to offer academic degrees shall not threaten, retaliate, or discriminate against any student because of the refusal by the student to: consent to an agreement to arbitrate or to an arbitration proceeding; resolve a complaint through an internal dispute process; waive any right, forum, or procedure; or consent to a prohibition to disclose, discuss, describe or comment upon any enrollment agreement terms or violations thereof. c. A public or independent institution of higher education or a proprietary institution licensed to offer academic degrees shall not require a student to opt out of a waiver or take any affirmative action in order to preserve his rights pursuant to this section. d. In the event that a public or independent institution of higher education or a proprietary institution licensed to offer academic degrees requires a student to enter into an enrollment contract or similar agreement, the institution shall annually submit such contracts or agreements to the Secretary of Higher Education. e. Nothing in this act shall be construed to invalidate a written arbitration agreement that is otherwise enforceable under the Federal Arbitration Act (9 U.S.C.s.1 et seq.). L.2021, c.53, s.2.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026