A5005

An Act concerning student financial aid for undocumented students and amending P.L.2018, c.12 and N.J.S.18A:71B-20.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.2018, c.12 (C.18A:71B-2.1) is amended to read as follows:

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, except that a student without lawful immigration status shall not be eligible to receive a tuition aid grant or summer tuition aid grant pursuant to N.J.S.18A:71B-20 and section 2 of P.L.2023, c.34 (C.18A:71B-20a). 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, except that the procedures and forms may seek information as is necessary to determine that a student is a lawful United States citizen or eligible noncitizen for the purpose of determining eligibility for tuition aid grants and summer tuition aid grants.

d. Except as required by State or federal law and unless otherwise deemed necessary to determine that a student is a lawful United States citizen or eligible noncitizen for the purpose of determining eligibility for tuition aid grants and summer tuition aid grants, 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.

(cf: P.L.2018, c.12, s.1)

2. N.J.S.18A:71B-20 is amended to read as follows:

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; and

(5) is a lawful citizen of the United States or eligible noncitizen as determined under 20 U.S.C. s.1091.

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.

e. A student without lawful immigration status shall not be eligible to receive a tuition aid grant or a summer tuition aid grant pursuant to this section and section 2 of P.L.2023, c.34 (C.18A:71B-20a).

(cf: P.L. 2023, c.283, s.1)

3. This act shall take effect immediately and shall first apply to the first full academic year following the date of enactment.

STATEMENT

This bill prohibits undocumented students from receiving tuition aid grants and summer tuition aid grants.

Current law permits an undocumented student who meets certain criteria 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. These student financial aid programs include, among others, the tuition aid grant program and the summer tuition aid grant program.

This bill revises current law to explicitly prohibit students without lawful immigration status from receiving tuition aid grants and summer tuition aid grants. The bill modifies State law to require a recipient of these types of financial aid to be a lawful citizen of the United States or to be a noncitizen who is eligible for federal student financial aid pursuant to federal law. The bill does not modify current eligibility requirements related to immigration status for other student financial aid programs administered by the State.