NEW JERSEY ADMINISTRATIVE CODE TITLE 9A

NEW JERSEY ADMINISTRATIVE CODE

TITLE 9A – HIGHER EDUCATION

SECRETARY OF HIGHER EDUCATION

CHAPTER 11

EDUCATIONAL OPPORTUNITY FUND: ADMINISTRATIVE PROCEDURES AND

POLICIES

Most Recent Revision: November 20, 2023

Expiration Date: October 20, 2030

Table of Contents

SUBCHAPTER 1. AUTHORITY, MISSION, AND SCOPE .................................................................................... 4

9A:11-1.1 Authority .................................................................................................................................. 4

9A:11-1.2 Definitions ................................................................................................................................ 4

9A:11-1.3 EOF Mission Statement ............................................................................................................ 7

9A:11-1.4 Scope ........................................................................................................................................ 8

SUBCHAPTER 2. UNDERGRADUATE EOF ACADEMIC AND FINANCIAL ELIGIBILITY ....................................... 9

9A:11-2.1 Scope ........................................................................................................................................ 9

9A:11-2.2 Student eligibility ...................................................................................................................... 9

9A:11-2.3 Financial eligibility for initial Article III student grants ........................................................... 10

9A:11-2.4 Dependent/independent student defined ............................................................................. 12

9A:11-2.5 Verification of financial eligibility ........................................................................................... 12

9A:11-2.6 Grant amounts ....................................................................................................................... 13

9A:11-2.7 Financial aid packaging ........................................................................................................... 13

9A:11-2.8 Duration of student eligibility ................................................................................................ 14

9A:11-2.9 Part-time students.................................................................................................................. 15

9A:11-2.10 Non-funded students ........................................................................................................... 16

9A:11-2.11 NJ GEAR UP and NJ College Bound grant program support-services-only student ............. 16

9A:11-2.12 Transfer of eligible students to another participating institution ........................................ 16

9A:11-2.13 Academic progress ............................................................................................................... 17

9A:11-2.14 Discontinuance of Article III student grants ......................................................................... 18

SUBCHAPTER 3. GRADUATE EOF FINANCIAL ELIGIBILITY ........................................................................... 19

9A:11-3.1 Scope ...................................................................................................................................... 19

 
 
 
 
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9A:11-3.2 Student eligibility .................................................................................................................... 19 
9A:11-3.3 Verification of financial eligibility ........................................................................................... 20 
9A:11-3.4 Grant amounts ....................................................................................................................... 20 
9A:11-3.5 Duration of graduate student eligibility ................................................................................. 20 
9A:11-3.6 Discontinuance of Article III graduate student grants ........................................................... 21 
SUBCHAPTER 4. EOF PROGRAM SUPPORT SERVICES ................................................................................. 22 
9A:11-4.1 Scope ...................................................................................................................................... 22 
9A:11-4.2 Institutional eligibility ............................................................................................................. 22 
9A:11-4.3 Eligible EOF program requirements ....................................................................................... 22 
9A:11-4.4 Institutional administration .................................................................................................... 22 
9A:11-4.5 Recruitment and admissions .................................................................................................. 24 
9A:11-4.6 Criteria for admission ............................................................................................................. 24 
9A:11-4.7 Student transfer procedure .................................................................................................... 25 
9A:11-4.8 Eligible program support components ................................................................................... 25 
9A:11-4.9 Experimental programs .......................................................................................................... 26 
9A:11-4.10 Discontinuance of Article IV program support services ....................................................... 27 
SUBCHAPTER 5. SUMMER PROGRAM AND WINTER SESSION .................................................................... 28 
9A:11-5.1 Scope ...................................................................................................................................... 28 
9A:11-5.2 Institutional eligibility ............................................................................................................. 28 
9A:11-5.4 Student eligibility .................................................................................................................... 28 
9A:11-5.5 Verification of financial eligibility ........................................................................................... 29 
9A:11-5.6 Summer program and winter session evaluation .................................................................. 29 
SUBCHAPTER 6. OPERATIONAL PROCEDURES FOR ACADEMIC YEAR, WINTER SESSION, SUMMER ARTICLE 
III STUDENT GRANTS, AND ARTICLE IV PROGRAM SUPPORT SERVICES FUNDS ......................................... 30 
9A:11-6.1 Renewal application process for Article III student grants and Article IV program support 
funds ....................................................................................................................................................... 30 
9A:11-6.2 Application process for new institutions to participate in the EOF program ........................ 31 
9A:11-6.3 Use of Article III grant funds ................................................................................................... 31 
9A:11-6.4 Academic Year Article III award cycle ..................................................................................... 32 
9A:11-6.5 Article III student grant notification and payment ................................................................. 32 
9A:11-6.6 Request for payment, adjustment, refund, and/or collection of Article III student grants ... 33 
9A:11-6.7 Appeals ................................................................................................................................... 33 

 
 
 
 
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9A:11-6.8 Liability ................................................................................................................................... 34 
9A:11-6.9 Institutional commitment ...................................................................................................... 34 
9A:11-6.10 Restrictions on use of Article IV program support funds ..................................................... 35 
9A:11-6.11 Transfer of Article IV program support funds ...................................................................... 36 
9A:11-6.12 Academic progress ............................................................................................................... 36 
9A:11-6.13 Procedures regarding academic probation .......................................................................... 36 
9A:11-6.14 Recordkeeping and data collection ...................................................................................... 37 
9A:11-6.15 Program improvement and evaluation process ................................................................... 38 
9A:11-6.16 Annual program report ........................................................................................................ 38 
9A:11-6.17 Fiscal audit requirements ..................................................................................................... 39 
9A:11-6.18 Program noncompliance ...................................................................................................... 39 
9A:11-6.19 Program probationary status ............................................................................................... 39 
9A:11-6.20 Program advisory board (PAB) ............................................................................................. 40 
SUBCHAPTER 7. C. CLYDE FERGUSON LAW SCHOLARSHIP ......................................................................... 41 
9A:11-7.1 Student eligibility .................................................................................................................... 41 
9A:11-7.2 Grant amounts ....................................................................................................................... 41 
9A:11-7.3 Rules incorporated by reference ............................................................................................ 41 
SUBCHAPTER 8. MARTIN LUTHER KING PHYSICIAN-DENTIST SCHOLARSHIP PROGRAM ........................... 42 
9A:11-8.1 Student eligibility .................................................................................................................... 42 
9A:11-8.2 Grant amounts ....................................................................................................................... 42 
9A:11-8.3 Rules incorporated by reference ............................................................................................ 43 
 
   

SUBCHAPTER 1. AUTHORITY, MISSION, AND SCOPE

9A:11-1.1 Authority

(a) Under the general supervision of the Office of the Secretary of Higher Education, the

Educational Opportunity Fund Board of Directors creates and adopts such rules deemed necessary

for the proper administration of the Educational Opportunity Fund (EOF), as set forth in N.J.S.A.

18A:71-31. The Board administers all Article III, Article IV, C. Clyde Ferguson Law Scholarship,

and Martin Luther King Physician-Dentist Scholarship funds appropriated by the State Legislature

and other public or private sources and is an agency of communication with departments and

agencies of the U.S. government on the availability of grants or loans to New Jersey for purposes

related or similar to those set forth in N.J.S.A. 18A:71-28 through 40 and 18A:72J et seq.. Through

the Office of the Secretary of Higher Education, the Board of Directors is responsible and reports

periodically in writing to the Governor and the Legislature on the performance of its duties in

accordance with the law.

(b) Pursuant to N.J.S.A. 18A:71-28 through 40 and 18A:72J-1 et seq., the Board of Directors

shall identify, recruit, and provide financial assistance to needy students who are residents of New

Jersey in order that they may attend institutions of higher education in New Jersey. The Board is

authorized to determine and promulgate standards of eligibility and award undergraduate and

graduate “opportunity grants,” C. Clyde Ferguson Law Scholarships, and Martin Luther King

Physician-Dentist Scholarships to students attending institutions of collegiate grade that are

licensed by the New Jersey Office of the Secretary of Higher Education, and accredited by an

accrediting body recognized by the U.S. Secretary of Education. The Board shall also develop,

establish, and maintain programs of remedial and supplementary education for eligible students to

be administered either directly or through cooperative ventures with any or all of these institutions.

9A:11-1.2 Definitions

The following words and terms, as used in this chapter, shall have the following meanings

unless the context clearly indicates otherwise:

“Allocation” means the distribution of the annual appropriation to support campus programs

and student grants approved by the EOF Board of Directors in the following funding categories:

Summer Program Article III undergraduate, Academic Year Article III undergraduate, Academic

Year Article III graduate, Summer Program Article IV undergraduate, Academic Year Article IV,

Winter Session Article III undergraduate, Winter session Article IV undergraduate, and any special

project funding during the summer, winter, or academic year from either Article III or Article IV,

and Ferguson and King Scholarships.

“Article III” means a New Jersey Educational Opportunity Fund undergraduate or graduate

student financial aid grant awarded to an eligible student for the academic year, winter, or summer

sessions, or funds used to support the winter or summer program. It is also referred to as

Opportunity Grants.

“Article IV” means a New Jersey Educational Opportunity Fund academic year, winter or

summer grant allocated to a participating New Jersey college or university to provide program

support services to EOF-eligible students. It is also referred to as Supplemental Opportunity

Grants.

“Board” means the New Jersey Educational Opportunity Fund Board of Directors, which is

appointed by the Governor; sets policy; approves all necessary rules for program operation and

student eligibility for Article III academic year, winter, and summer sessions, undergraduate and

graduate student grants, academic year, winter and summer programs, Article IV support funds,

C. Clyde Ferguson Law Scholarship, and the Martin Luther King Physician-Dentist Scholarship;

develops the annual budget request for the Statewide program; and supports EOF programs at

public and independent colleges and universities.

“Budgeted contract” means the fiscal year contract signed by the EOF Executive Director and

the president of the participating institution.

“Campus EOF administrator/director” means the individual at a New Jersey institution of

higher education directly responsible for the overall administration of the Educational Opportunity

Fund (EOF) program at that particular college or university campus.

“College credit” means units that are associated with the completion of a college level course

that counts toward the total number of credits required to earn either a certificate, associate’s

degree, a bachelor’ degree, or a graduate degree.

“Eligible urban aid municipality” means a New Jersey municipality that has been authorized

to participate in programs administered by the New Jersey Redevelopment Authority.

“EOF” means the New Jersey Educational Opportunity Fund Program.

“EOF Central Office” means the staff persons or members of the New Jersey Office of the

Secretary of Higher Education (OSHE), or its successor office responsible for the administration

of the Educational Opportunity Fund (EOF).

“EOF equity index” means the ratio of the EOF cohort graduation rate to the overall

institutional cohort graduation rate.

“EOF Executive Director” means the chief executive officer of the New Jersey Educational

Opportunity Fund Program

“EOF transfer student” means an undergraduate student who received an initial Article III

student grant while earning their associate degree and wishes to pursue a baccalaureate degree at

a New Jersey institution that participates in the EOF program, or a student who received an initial

Article III student grant and wishes to complete their degree at a New Jersey institution other than

the one where they received their initial Article III student grant.

“Federal poverty guidelines” means the family poverty thresholds established annually by the

United States Department of Health and Human Services.

“Ferguson Scholarship” means the C. Clyde Ferguson Law Scholarship program.

“First-generation college student” means an applicant whose parent(s) (in the case of an

applicant who regularly resided with and received support from only one parent) or legal

guardian(s) did not complete a baccalaureate degree.

“First-time part-time entering student” means a student who has no prior college experience

and is advised by institutional EOF staff to enroll for a minimum of six credits but no more than

eleven credits.

“First-year student” means for EOF purposes, a student who has earned less than 24 college

credits.

“Fund” means the New Jersey Educational Opportunity Fund Program.

“High-distress area” means an area in New Jersey characterized by low or substandard housing

and/or low real estate value, low per capita income, high unemployment, population decline, and

a high percentage of residents receiving welfare and other benefits targeted for low-income

families.

“Historical poverty code” means the code assigned to the six criteria students can use to

demonstrate a history of poverty that must be entered into the New Jersey student grant payment

system to process an institution’s request for an initial academic year Article III undergraduate

EOF student grant.

“Initial student” means a student who is receiving an Article III EOF undergraduate or graduate

student grant for the first time. The term “initial” is not synonymous with the word “first-year

student,” nor does it imply that the student is in their first year of college attendance.

“King Scholarship” means the Martin Luther King Physician-Dentist Scholarship program.

“Labor surplus area,” as defined by the New Jersey Department of Labor and the U. S. Bureau

of Labor Statistics, is an area with an unemployment rate of at least 20 percent above the national

average for the previous two calendar years. These areas also are eligible for Federal programs

designed to provide assistance to impoverished, disadvantaged communities undergoing serious

economic problems.

“Master contract” means an annual agreement entered between the Office of the Secretary

Higher Education, or its successor office, and individual New Jersey institutions of higher

education specifying the contractual terms and conditions under which the Office of the Secretary

shall provide funds specified under the applicable project contract to the institutions referred to as

the “contractor.”

“Need” means the difference between the total educational expenses to attend a particular

college and what a student or student’s family is expected to contribute towards meeting those

costs based on methodology contained in Federal Title IV of the Higher Education Act of 1965,

P.L. 89-329, including all subsequent amendments and supplements.

"NJ GEAR UP State project/New Jersey College Bound Grant Program" means any Federally

funded New Jersey State project administered by the Office of the Secretary of Higher Education,

or its successor office, under the Gaining Early Awareness and Readiness for Undergraduate

Programs.

“NJ GEAR UP/NJ College Bound grant program/TRIO support-services-only

(NJGEARUP/NJ College Bound/TRIO/SSO) student" refers to an NJ GEAR UP State project, NJ

College Bound grant program graduate, or a New Jersey resident who either successfully

completed or is enrolled in a Federally funded NJ based TRIO program who is unable to

demonstrate financial eligibility for an initial Article III student grant, but is still eligible to receive

EOF Article IV student support services.

“Office of the Secretary of Higher Education” means the State-level planning and coordinating

agency for higher education or its successor office.

“PAB” means the Program Advisory Board appointed by institutions participating in the Fund.

“Part-time student” means a student who is enrolled for a minimum of six credits but no more

than eleven credits.

“Participating institution” means a New Jersey institution of higher education that is licensed

by the New Jersey Office of the Secretary of Higher Education, or its successor office, and

accredited by an accrediting body recognized by the U.S. Secretary of Education and which has

entered into a contractual relationship with the Office of the Secretary of Higher Education to

provide an EOF undergraduate, graduate, and/or summer program for eligible students.

“Pre-first year student” means for EOF purposes, a student who prior to the start of the EOF

Summer program, qualifies to be defined as a first-year student and has not matriculated (either

part-time or full-time) into any other institution after having earned their high school diploma,

GED, or high school equivalency certificate.

“Re-admit students” means an EOF renewal student who did not receive an EOF Academic

Year Article III grant the previous semester and is returning to the institutional EOF program

where their last grant was received.

“Renewal student” means a student who previously has received an Article III EOF

undergraduate or graduate student grant.

“Senior institution” means a baccalaureate (or higher) degree-granting college or university.

“Summer program” means for EOF purposes, any programming that an institution develops

that supports either EOF pre-first year students or EOF renewal students to take academic courses

to participate in various enrichment activities during the summer session. The summer program

traditionally consists of either a pre-first year summer program and/or a renewal summer program.

The pre-first year student summer program introduces initial students to the academic and social

demands of college life in preparation for their transition to the fall semester. The renewal summer

program provides financial support for EOF upperclassmen to enroll in courses during an

institution’s summer session to help address their academic advancement.

“Summer session” means the period of time in an institution’s academic calendar between the

conclusion of the preceding spring term and the beginning of the subsequent fall term.

“TRIO programs” mean the Federally funded grant programs Upward Bound, Upward Bound

Math/Science, Veterans Upward Bound, Talent Search, and Student Support Services.

“Winter program” means, for EOF purposes, any programming that an institution develops

that supports EOF renewal students to take academic courses or participate in various enrichment

activities during the winter session. The winter program is intended to help address advancement

or enrichment of renewal students during the winter session.

“Winter session” means the period of time in an institution’s academic calendar between the

conclusion of the preceding fall term and the beginning of the subsequent spring term.

9A:11-1.3 EOF Mission Statement

The New Jersey Educational Opportunity Fund contributes to the development of a college-

educated public that reflects the diversity of New Jersey. In partnership with New Jersey colleges

and universities, the Fund provides access to higher education and support for highly motivated

students who exhibit the potential for success, but who come from families/communities

disadvantaged by low income and the lack of access to the quality educational preparation

necessary to attend college. Through its partnership with participating institutions of higher

education, the Fund seeks to maximize educational opportunities for EOF students by providing

direct program services designed to promote persistence through degree completion. Accordingly,

EOF supports innovative educational initiatives, supplemental instruction, support services,

academic and educational advisement, and leadership development activities to improve the

student’s chance of academic success. In concert with other sources of student financial assistance,

the Fund also attempts to make college affordable for those students who find the costs of higher

education an impediment to access and student persistence.

9A:11-1.4 Scope

(a) This chapter governs the awarding of Article III undergraduate EOF grants to students for

study leading to approved certificates, associate degrees, and/or baccalaureate degrees, and the

awarding of Article III graduate EOF grants and Ferguson and King Scholarships for study leading

to approved master’s, doctoral and/or professional degrees. This chapter also governs the

development, administration, and maintenance of institutional programs of developmental and

supplemental education for EOF students supported in part through Article III and Article IV

funding in the summer, winter, and academic year.

(b) Institutions that participate in the EOF program shall

1. Not discriminate in their recruitment and admissions practices based on race, age, creed,

religion, marital status, national origin, color, gender, sexual orientation, or disability; and

2. Meet N.J.A.C. 9A:9-2.1(d)2, the New Jersey Higher Education Student Assistance

Authority’s rule governing the provision of documentation that it is authorized to participate in

Title IV Federal student aid programs under the Higher Education Act of 1965, as amended and

its implementing regulations.

SUBCHAPTER 2. UNDERGRADUATE EOF ACADEMIC AND FINANCIAL ELIGIBILITY

9A:11-2.1 Scope

This subchapter governs the awarding of Article III undergraduate EOF grants. The Article III

undergraduate EOF grant is not a financial aid entitlement. Institutions select students for

participation based on the eligibility criteria in N.J.A.C. 9A:11-2.2 and 2.3.

9A:11-2.2 Student eligibility

(a) The undergraduate EOF Program is designed to provide an opportunity for higher education

to disadvantaged New Jersey residents who would be unable to attend and/or succeed academically

in college without the financial assistance and special services that are part of this program. The

program is intended for students who show potential and exhibit evidence of academic and/or

creative promise but who have limited educational and financial resources for college because of

inadequate high school preparation and have economic backgrounds that reflect a history of

poverty.

(b) To be eligible for an undergraduate EOF grant, a student must demonstrate a history of

poverty, which generally includes documented, long-term economic hardship of the family, such

as the accumulation of assets that do not exceed 20 percent of the EOF income eligibility scale per

household size as established in N.J.A.C. 9A:11-2.3(a)1, and the inability to provide more than the

basic needs of family members, as evidenced by at least one of the following:

1. Having attended or graduated from a school district where 40% or more of the enrolled

students meet the eligibility criteria for the free/reduced price lunch program;

2. Having resided in a municipality that is a high-distress/labor surplus area, or is

considered an eligible urban aid municipality;

3. Having resided in an area that historically has been populated by low-income families;

such an area, commonly called a “pocket of poverty,” has characteristics of a high-distress/labor

surplus area, even if the municipality is not formally so identified;

4. Being a first-generation college student who is, or whose family is, eligible for

government assistance and/or educational programs targeted toward low-income and

disadvantaged populations (TRIO programs, free and reduced breakfast/lunch programs,

Supplemental Nutrition Assistance Program (SNAP), formerly food stamps); or

5. Having successfully completed a NJ GEAR UP state project or NJ College Bound grant

program.

N.J.A.C. 9A:11-4.6, Criteria for admission, at the time of a student’s initial application. The

institution, in the context of its own selectivity, shall make and document a broad assessment of

the student’s motivation and talent (latent, as well as demonstrated) based on interviews,

recommendations, high school records, and other requisite application materials.

(d) To be initially eligible for an EOF undergraduate Article III grant, a student must

demonstrate that they:

1. Have a high school diploma or GED;

2. Meet N.J.A.C. 9A:9-2.2 and 2.3, which are the Tuition Aid Grant and Garden State

Scholarship programs’ rules governing residency and noncitizens and resident aliens, respectively;

3. Meet the financial criteria established in N.J.A.C. 9A:11-2.3;

4. Are or will be a full-time student as defined by the institution offering the undergraduate

program of study unless the institution has received approval under N.J.A.C. 9A:11-2.9(b) to

award grants to part-time students, and

5. Are admitted to and intend full-time enrollment and matriculation in a curriculum

leading to an undergraduate degree or certificate at an institution participating in the Fund. Degree

and certificate programs shall require a minimum of 24 semester hours or the equivalent and be at

least one academic year in duration. The Fund is not intended for a student whose primary

educational goal is to complete an adult basic education curriculum or attain language proficiency.

Additionally, the Fund shall not be available to students seeking to pursue a certificate or degree

at the same level of study (or below) as one that they have already earned.

(e) In addition, an eligible initial first-time, full-time undergraduate shall exhibit evidence

of the potential to succeed in college, but:

1. Shall not have demonstrated sufficient academic preparation to gain admission to an

approved institution of higher education under its regular standards of admission (where

applicable) and shall have standardized test scores that are below the institutional norms; or

2. Shall have an educational background that indicates a need for improved basic skills,

additional academic support, or additional preparation for the applicant’s desired degree program.

(f) Students who have successfully completed a NJ GEAR UP State project/New Jersey

College Bound Grant Program or a Federal TRIO program and who have been admitted to the

institution under its regular standards of admission (where applicable) or who do not demonstrate

need as specified in (e)2 above shall also be eligible to participate in the EOF program, assuming

they meet all other eligibility criteria in this subchapter, except those in (e) above.

(g) Students shall not receive assistance under the programs administered by the Board if they

owe a refund on a grant or scholarship previously received from a State or Federal program through

any institution or are in default on any loan made under any State or Federal student financial

assistance program at any institution. However, such students may receive State financial

assistance if they make satisfactory repayment arrangements with the appropriate office.

(h) Students attending out-of-State institutions are not eligible for Article III undergraduate

grants.

9A:11-2.3 Financial eligibility for initial Article III student grants

(a) The EOF Income Eligibility Scale is based on 200 percent of the annual Federal poverty

guideline (that is, doubled) as published annually by the United States Department of Health and

Human Services in the Federal Register. This benchmark was established to reflect an eligible

target population consistent with the intent of the original legislation. The EOF Executive Director

shall inform institutions of annual adjustments to the EOF Income Eligibility Scale each summer,

and the gross income limits set forth in this subsection shall be updated through a notice of

administrative changes published in the New Jersey Register.

1. Except provided in (d), (e), (g), (h), and (i) below, dependent and independent students

are financially eligible for an initial Article III student grant if their gross household income does

not exceed the applicable amounts set forth in the EOF Income Eligibility Scale, as follows.

Academic Year 2024-2025

Applicants with a Gross Income

Household size of Not to Exceed

1 $ 29,160

2 39,440

3 49,720

4 60,000

5 70,280

6 80,560

7 90,840

8 101,120

2. For each additional member of the household, an allowance of $10,280 shall be added

to this amount in order to determine EOF eligibility for the 2024-2025 academic year.

3. The gross income level for each household size as shown in (a)1 and 2 above has been

adjusted to reflect changes in Federal poverty guidelines as stated in (a) above.

(b) A dependent student’s income shall not be considered in the gross household income.

untaxed social security benefits, and Temporary Assistance for Needy Families (TANF) – shall be

excluded from consideration in the gross household income of applicants.

(d) An applicant whose household receives Temporary Assistance for Needy Families (TANF)

and/or Supplemental Social Security Income (SSI) as the sole means of support is eligible

regardless of the amount of such support.

(e) An applicant who falls between the ages of 16 to 23, who is or was in a New Jersey paid

placement, arranged through the Division of Child Protection and Permanency within the

Department of Children & Families, and who meets one of the criteria listed below, automatically

satisfies the financial eligibility criteria stated in (a) above:

(1) An individual who has been in the care and custody of the New Jersey Division of

Child Protection and Permanency within the Department of Children & Families, in an out of home

placement for a cumulative nine months or more following the individual’s 16th birthday;

(2) An individual who has been in the care and custody of the New Jersey Division of

Child Protection and Permanency within the Department of Children & Families after the age of

14 for a cumulative 18 months;

(3) An individual who is or has been residing in an independent living arrangement or

transitional living program established, operated or approved for payment by the New Jersey

Division of Child Protection and Permanency within the Department of Children & Families,

pursuant to the New Jersey Homeless Youth Act or the Federal “Runaway and Homeless Youth

Act” Title II of Pub. L. 93-415 (42 U.S.C.§§.5701 et seq.)1;

(4) An individual adopted through the New Jersey Division of Child Protection and

Permanency within Department Children & Families after the age of 12; or

(5) An individual in a New Jersey Division of Child Protection and Permanency within the

Department of Children & Families out-of-home placement who left to enter a kinship legal

guardianship (KLG) following the youth’s 16th birthday.

(f) In determining financial eligibility for an Article III student grant, separation or divorce or

the disability or death of a wage earner in the calendar year before the academic year for which

eligibility is being determined, with a concomitant decrease in household income below the EOF

Income Eligibility Scale, does not automatically satisfy the financial eligibility criteria stated in

(a) above.

(g) The campus EOF administrator/director shall approve students in cases such as those cited

in (f) above after review and recommendation by the financial aid office. The campus EOF

administrator/director, in cooperation with the director of financial aid, shall have the discretion to

use professional judgment to assess whether an applicant or the applicant’s family meets the spirit

and intent of the Fund.

(h) Where there is evidence that strict adherence to the maximum income and asset eligibility

cut-off will not serve the purpose of the Fund, the campus EOF administrator/director has the

discretion to admit, up to a maximum of 10 percent of the annual class of initial students with

family incomes as high as, but no more than, 281 percent of the Federal poverty guidelines and

whose assets do not exceed 20 percent of the maximum income allowance as per the 281 percent

of the Federal poverty guidelines per household size, as published annually by the Federal

government. These discretionary admit students, however, shall also meet all eligibility provisions

of N.J.A.C. 9A:11-2.2.

(i) Institutions shall obtain permission from the EOF Executive Director before exceeding the

10 percent discretionary, over-income waiver set forth in (h) above.

(j) The records of applicants deemed eligible in accordance with the provisions of (g), (h), and

(i) above; shall contain sufficient documentation to support the use of professional judgment, as

stated in (g) above, and the discretionary criteria, as stated in (h) above.

(k) Notwithstanding provisions of (g) and (h) above, priority shall be given to students whose

incomes are within the limits of (a) above.

9A:11-2.4 Dependent/independent student defined

(a) For purposes of income eligibility and verification, the Fund shall adhere to N.J.A.C. 9A:9-

2.6 which are the Tuition Aid Grant and Garden State Scholarship programs’ rules defining

dependent versus independent students.

(b) The institution shall share with the EOF Executive Director any material findings or audit

exceptions related to the determination of dependency status at any time they are revealed in the

course of an audit or program review.

9A:11-2.5 Verification of financial eligibility

(a) Annually, students are required to submit their FAFSA or New Jersey Alternative

Application by the identified state EOF deadline to be eligible for consideration for participation

in the Fund. Pursuant to N.J.A.C. 9A:9-2.7, which is the Tuition Aid Grant and Garden State

Scholarship programs’ rule governing verification of family financial data, any student who is a

participant in the Fund, shall verify their financial eligibility at the request of the Office of the

Secretary of Higher Education/EOF Central Office or the Higher Education Student Assistance

Authority. The purpose of the verification is to ensure that EOF funds are granted only to students

who meet the eligibility criteria in N.J.A.C. 9A:11-2.2 and 2.3.

(b) In cases where earnings are not the source of a student’s income as described in (a) above,

the file shall contain appropriate, verified documentation on which to base the award (for example,

statements from the public assistance agency, Social Security Administration, Division of Child

Protection and Permanency, Veterans Administration or other appropriate administrative agency),

regardless of the awardee’s dependency status.

students shall also comply with N.J.A.C. 9A:9-2.7, which are the Tuition Aid Grant and Garden

State Scholarship rules governing verification of family financial data.

9A:11-2.6 Grant amounts

(a) Based on the fiscal year EOF Article III appropriation, the Board will annually develop the

amount of the maximum semester and academic year Article III undergraduate grants award ranges,

for full and part-time student grants, for each sector of higher education. The EOF Executive Director

shall inform institutions of the amount of the maximum semester academic year grant each summer

through a public notice published in the New Jersey Register and on the Office of the Secretary of

Higher Education’s website.

(b) The dollar amount of each Article III undergraduate EOF grant shall be based on three

factors:

1. Full or approved part-time enrollment;

2. The financial need of the student as determined by a needs analysis; and

3. The type of institution the student attends.

student’s grant. In determining need and awarding Article III grants, priority shall be given first to

students who meet the educational criteria of N.J.A.C. 9A:11-2.2 and the income criteria of

N.J.A.C. 9A:11-2.3(a), (d) and (e), followed by students admitted under N.J.A.C. 9A:11-2.3(g),

(h), and (i).

(d) The institution’s EOF and financial aid directors shall have the authority to adjust student

grants within the minimum and maximum award ranges. An EOF undergraduate grant awardee

shall receive not less than the minimum nor more than the maximum semester award, except that

under no circumstances shall the grant when combined with other aid exceed the cost of attendance

as determined by the institution.

(e) The minimum semester grant amount shall not be less than $100.

9A:11-2.7 Financial aid packaging

Because EOF students are from economically disadvantaged backgrounds, all sources of

student financial aid shall be used to augment the financial aid package. Loan encumbrance shall

be a low priority, and loans shall be given to complete the package only after all other forms of

financial aid are exhausted.

9A:11-2.8 Duration of student eligibility

(a) Students deemed eligible at the time of their initial EOF Article III academic year student

grant payment shall retain eligibility for program support services and Article III student grant

funds as long as they continue to:

1. Demonstrate financial need as determined by the institution through a Board-approved

financial aid form submitted by the student in accordance with the annually established deadline

dates;

2. Meet academic progress standards in accordance with N.J.A.C. 9A:11-2.13.

3. Maintain their status as legal residents of the State of New Jersey as defined in N.J.A.C.

9A:9-2.2, which is the Tuition Aid Grant and Garden State Scholarship programs’ rule governing

residency;

4. Maintain full-time enrollment or have the campus EOF administrator/director’s written

approval for a part-time Article III undergraduate grant. Part-time grant eligibility is available only

at those institutions approved by the Board to award part-time Article III undergraduate grants;

and

5. Meet the maximum number of semesters of eligibility as prescribed in N.J.A.C. 9A:11-

2.8 and 2.9.

(b) The number of semesters of Article III grant payment is cumulative; EOF students shall be

eligible for no more than 12 semesters of payment over the course of their entire undergraduate

careers, except as noted in (d) below. When a funded EOF student transfers from one participating

institution to another, the semesters of payment at the second institution are added to those at the

first. The cumulative total of semesters of payment shall not exceed eight for pursuit of an

associate degree, and 12 for pursuit of a baccalaureate degree.

III undergraduate grant payments to complete a baccalaureate degree, as long as they continue to

meet the eligibility requirements for the program and are making satisfactory academic progress

as stipulated in N.J.A.C. 9A:11-2.13. Undergraduate grant recipients may not pursue more than

one baccalaureate degree within the maximum 12 semesters of Article III undergraduate grant

payments.

(d) Students in an established five-year undergraduate course of study at a senior institution

shall be eligible for an additional two semesters of payment beyond the maximum of 12 upon a

formal written request from the institution and approval by the EOF Executive Director. Under no

circumstances shall a student receive more than 14 semesters of the Article III undergraduate grant

to earn a baccalaureate degree.

(e) Except for as provided in subsection (f) below, students enrolled at institutions that award

associate degrees may receive a maximum of eight semesters of Article III undergraduate grant

payments to complete an associate degree, as long as they continue to meet the eligibility

requirements for the program and are making satisfactory academic progress as stipulated at

N.J.A.C. 9A:11-2.13. Undergraduate grant recipients may not pursue more than one associate

degree within the maximum eight semesters of Article III undergraduate grant payments.

(f) Undergraduate grant recipients who are enrolled in a three plus one degree program pursuant

to section 1 of P.L. 2018, c. 144 (N.J.S.A. 18A:3B-78), shall be eligible for eight semesters of

Article III undergraduate grant payments to complete an associate degree and an additional two

semesters of Article III undergraduate grant payments while enrolled in the third academic year of

the program, as long as they continue to meet the eligibility requirements of the program and are

making satisfactory academic progress as stipulated at N.J.A.C. 9A:11-2.13.

(g) Once a student earns a baccalaureate degree they have exhausted their semesters of

undergraduate EOF Article III grant eligibility.

(h) Students in their last semester of study to complete their associate or baccalaureate degree

requirements may take fewer than 12 credits (full-time status) and still receive the maximum

Article III undergraduate grant for which they would be eligible as a full-time student.

(i) In no case shall an initial Article III undergraduate grant be given for a student’s last two

semesters of baccalaureate study, nor shall a student receive an initial Article III grant during the

winter session.

(j) Winter and summer sessions shall not be counted in determining the total number of

semesters of EOF payment a student has received.

9A:11-2.9 Part-time students

(a) The EOF Article III undergraduate grant award to part-time students provides EOF-eligible

students with an opportunity to address personal, financial, and/or academic concerns that impede

their ability to pursue a full-time course of study.

(b) Part-time grant eligibility shall be available only to EOF students attending those institutions

approved by the Board to award part-time Article III undergraduate grants.

and shall enroll for at least six credits, matriculate in a certificate or degree program, and maintain

minimum standards of academic progress as determined by the institution in the context of the

provisions of N.J.A.C. 9A:11-2.13. Eligibility for part-time grants shall be limited to:

1. Renewal students with at least one full-time semester of EOF Academic Year Article III

grant funding, or

2. First-time, part-time entering students with no prior college experience.

(d) Each semester of part-time attendance for which an Article III part-time undergraduate grant

is awarded shall count as one-half of a semester of grant eligibility. In no case shall a student

receive such a grant for more than three semesters in pursuit of an associate degree or four

semesters in pursuit of a baccalaureate degree.

(e) Institutions approved to award Article III part-time undergraduate grants shall not award

such grants to more than 10 percent of their total EOF-funded population in any given semester.

(f) Renewal students enrolled in their last semester of study before graduation who can meet

the requirements for their degree by registering as part-time students are eligible to receive a

semester maximum full-time EOF academic year Article III grant award, as long as the student’s

financial aid award package consisting of the New Jersey Tuition Aid Grant (TAG), scholarships

and other financial assistance does not exceed a student’s cost of attendance.

9A:11-2.10 Non-funded students

(a) Students who receive an initial Article III undergraduate grant but because of a change in

income or enrollment status no longer demonstrate need or eligibility for Article III funds shall be

termed non-funded and may receive Article IV program support services, as determined by the

institutional EOF administrator/director.

(b) Students who are enrolled in college but no longer eligible for Article III undergraduate

grants because of their inability to make satisfactory academic progress as defined in N.J.A.C.

9A:11-2.13 may be considered non-funded and may receive Article IV program support services,

as determined by the institutional EOF administrator/director.

status but are not eligible for an Article III part-time undergraduate grant may be considered non-

funded and may receive Article IV program support services, as determined by the institutional

EOF administrator/director. Documentation of advisement shall be maintained in the student’s

record.

(d) To retain eligibility for Article IV program support services, a non-funded student must

continue to file the financial aid form approved by the Board and must have received Article III

undergraduate academic year funds during initial enrollment in the program.

(e) A student who enrolls in the pre-first year student summer program before their eligibility

has been determined and who is later found financially ineligible cannot be considered a non-

funded student.

9A:11-2.11 NJ GEAR UP and NJ College Bound grant program support-services-only student

(a) A student who has successfully completed a NJ GEAR UP state project, a New Jersey

College Bound grant program, and/or a New Jersey Federally supported TRIO program, but is

unable to demonstrate financial eligibility for an initial Article III student grant as set forth in

N.J.A.C. 9A:11-2.4 shall be termed a NJ GEAR UP/New Jersey College Bound/TRIO support-

services-only (NJGEARUP/NJ College Bound/TRIO/SSO) student.

(b) An NJGEARUP/NJ College Bound/TRIO/SSO student is eligible for EOF admission

consideration by the participating EOF campus program. If admitted, the student is eligible to

receive both Article III and Article IV benefits of the pre-first year EOF summer program and

subsequent academic year Article IV program support services throughout their enrollment in

college.

9A:11-2.12 Transfer of eligible students to another participating institution

(a) Students who wish to complete a degree at an institution other than the one where they

received their initial Article III undergraduate student grant shall contact the EOF

administrator/director at the institution they wish to attend to inform them of their intent to transfer,

and must meet all of the receiving institution’s transfer admission requirements and conditions, as

well as the receiving institution’s criteria for participation in the EOF program.

(b) Once deemed initially eligible for an Article III undergraduate grant at the sending

institution, an EOF transfer student is presumed to have met the historical poverty eligibility

criteria (as outlined in N.J.A.C. 9A:11-2.2(b)) and the financial eligibility criteria (as outlined in

N.J.A.C. 9A:11-2.3) for a renewal EOF grant at the receiving institution.

enrollment does not transfer with the student to another participating institution in New Jersey.

(d) Article III undergraduate student grants cannot be guaranteed to renewal students who

transfer to another participating institution in New Jersey.

9A:11-2.13 Academic progress

(a) Before payment of an Article III undergraduate student grant may be made to an eligible

continuing student, the institution shall have satisfactory evidence that the student is meeting

minimum standards for academic progress and class standing according to the institution’s

established policy for satisfactory academic progress of EOF students, as outlined in (b) below.

(b) For purposes of determining continued eligibility for an Article III undergraduate student

grant, the Board shall recognize the same standards of academic performance and progress that an

institution adopts to determine eligibility for Federal student financial aid programs under Title IV

of the Higher Education Act of 1965, as amended, and its implementing rules and regulations, as

well as the following provisions.

1. Due to the special nature of the EOF mission, an institution’s satisfactory progress

standards for EOF students shall take into consideration the maximum semesters of payment for

which an EOF student is eligible under N.J.A.C. 9A:11-2.8. Other factors that shall be considered

include the time an EOF student needs to adjust to college life, with the help of the program’s

support services, and the institution’s remedial/developmental and ESL policies and programs for

EOF students.

2. The summer and winter programs are critical components of the EOF program. Courses

that an EOF student schedules and completes using EOF Article III undergraduate summer or

winter funds, respectively, as well as academic year courses, shall be considered in determining

the student’s academic progress. However, as stipulated at N.J.A.C. 9A:11-2.8(i), Article III

undergraduate summer and winter grants are not considered a semester of payment.

3. EOF students have the first four semesters of payment to complete all courses that the

institution designates as remedial/developmental. The EOF Executive Director may approve

additional remedial/developmental work (beyond the four semesters) upon formal written request

and approval by the institution.

i. The institution’s formal request to the EOF Executive Director shall detail reasons

for the request. If there are extenuating circumstances, such as prolonged illness or a death in the

family, the student shall provide suitable evidence in the form of one or more of the following

documents: letter from the attending physician, obituary notice, and/or death certificate. The

request shall also indicate how many remedial/developmental courses the student must complete

to fulfill the institution’s requirement and the number of additional semesters needed to do so; the

student’s most recent academic transcript, which shall reflect all remedial/developmental courses

and grades earned to date; a copy of the institution’s Federal Title IV standards of academic

progress policy for EOF students; and why the institutional administrator believes the student can

complete the requirement successfully if given additional semester(s) of funding.

ii. The request shall be approved if the institution demonstrates that with the

additional semesters the student is highly likely to complete the remedial/developmental

requirement, the student has not otherwise exhausted their eligibility for EOF funding, and the

student is in compliance with all of the institution’s other academic progress requirements.

financial assistance shall be monitored by institutions at least once a year before the fall semester.

(d) Students who fail to achieve the standards set forth in this section shall be ineligible to

receive academic year Article III undergraduate financial assistance until the institution certifies

that they are in good academic standing and are achieving satisfactory academic progress.

(e) The institution shall share with the EOF Central Office any material findings or audit

exceptions related to the determination of academic progress at any time that they are revealed in

the course of an audit or program review.

(f) Students and institutions shall have the right to appeal, through the procedures in N.J.A.C.

9A:11-6.7, a denial under this section of Article III undergraduate financial assistance. The EOF

Executive Director may, at their discretion, consider individual cases and shall have the authority

to make such exceptions as unusual circumstances may warrant.

9A:11-2.14 Discontinuance of Article III student grants

(a) The Article III student grant shall be discontinued for any student who fails to meet the

participating institution’s policies governing academic performance and progress pursuant to

N.J.A.C. 9A:11-2.13.

(b) The Article III student grant shall be discontinued for any student who is not matriculated

in a full-time or Board-approved part-time program of study or for any student who is not enrolled.

The institution shall repay the amount of any grants the institution has received for that student.

regulations established by the institution for participation in the EOF program.

(d) The Article III student grant shall be discontinued for any student who intentionally falsified

or gave misleading information upon which EOF program eligibility was based. That student shall

repay the amount of any grants previously awarded to them.

SUBCHAPTER 3. GRADUATE EOF FINANCIAL ELIGIBILITY

9A:11-3.1 Scope

This subchapter governs the awarding of Article III graduate EOF grants. The overall objective

of the graduate EOF program is to increase the participation of New Jersey residents from

backgrounds of historical poverty in graduate and professional study. Priority in granting EOF

graduate grants shall be given to students who received EOF undergraduate grants.

9A:11-3.2 Student eligibility

(a) The academic deficiencies that identify the undergraduate student as educationally

disadvantaged do not apply at the graduate level. The graduate EOF program is designed to provide

an opportunity for New Jersey residents whose undergraduate record reflects the potential for

advanced study beyond the baccalaureate degree. Eligible students shall have economic

backgrounds that reflect a history of poverty as described in N.J.A.C. 9A:11-2.2(b)1 through 5.

(b) Students who received Article III EOF grants as undergraduates shall be given priority

consideration for Article III graduate grants. These students are presumed to have met the financial

eligibility criteria (as outlined in N.J.A.C. 9A:11-2.3) for graduate EOF as long as they continue

to demonstrate financial need.

demonstrate that they:

1. Meet N.J.A.C. 9A:9-2.2 and 2.3, which are the Tuition Aid Grant and Garden State

Scholarship programs’ rules governing residency, and noncitizens and resident aliens,

respectively;

2. Meet the financial criteria established in N.J.A.C. 9A:11-2.3, Financial eligibility for

initial Article III student grants;

3. Is or will be a full-time graduate student as defined by the institution offering the

graduate program of study; and

4. Are admitted to and enrolled full-time as defined by the participating institution in a

curriculum leading to a graduate degree or certificate at an institution participating in the Fund,

provided that the student has not already received a graduate or professional degree at the same

level of study for which the student is applying. Graduate degree and certificate programs must

have a minimum requirement equivalent to 24 semester hours and be at least one academic year

in duration.

(d) Students shall not receive assistance under the programs administered by the Board if they

owe a refund on a grant or scholarship previously received from a State or Federal program through

any institution or are in default on any loan made under any State or Federal student financial

assistance program at any institution. However, such students may receive State financial

assistance if they make satisfactory repayment arrangements with the appropriate office.

(e) Students attending out-of-State institutions are not eligible for Article III graduate grants.

(f) Students shall not receive an initial graduate grant in their last semester of enrollment.

9A:11-3.3 Verification of financial eligibility

(a) The institution shall verify, at the time of initial graduate enrollment, the income and assets

of all graduate EOF grant applicants’ to ensure that the student comes from a background of

historical poverty as outlined in N.J.A.C. 9A:11-2.2(b)1 through 5.

(b) The annual gross income and assets of all graduate grant recipients shall be verified by the

institution pursuant to N.J.A.C 9A:9-2.7, which are the Tuition Aid Grant and Garden State

Scholarship programs’ rules governing verification of family financial data.

appropriate, verified documentation on which to base the award (for example, statements from the

public assistance agency, Social Security Administration, Division of Child Protection and

Permanency, Veterans Administration, or another appropriate administrative agency).

9A:11-3.4 Grant amounts

(a) Based on the fiscal year EOF Article III appropriation, the Board will annually develop the

amount of the maximum semester and academic year Article III graduate grants award ranges, for each

sector of higher education. The EOF Executive Director shall inform institutions of the amount of the

maximum semester academic year grant each summer through a public notice published in the New

Jersey Register and on the Office of the Secretary of Higher Education’s website.

(b) The dollar amount of each Article III graduate grant shall be based on three factors:

1. Full-time enrollment as defined by the institution offering the graduate program of study;

2. The financial need of the student as determined by a needs analysis; and

3. The type of institution the student attends.

student’s grant. In determining need and awarding Article III graduate grants, priority shall be

given first to students who received an undergraduate EOF grant, followed by students who did

not receive such an award but who now meet the educational criteria of N.J.A.C. 9A:11-2.2 and

the income criteria of N.J.A.C. 9A:11-2.3(a), (d), and (e) followed by students admitted under

N.J.A.C. 9A:11-2.3(g).

(d) The institution shall have the authority to adjust student grants within the minimum and

maximum award ranges. An EOF graduate grant awardee shall receive not less than the minimum

nor more than the maximum semester award for the academic year, except that under no

circumstances shall the grant when combined with other aid exceed the cost of attendance as

determined by the institution.

(e)The minimum semester grant amount shall not be less than $100. The awarding of all grants

within the minimum and maximum semester and academic year ranges shall be based upon a

careful analysis of the student’s total financial situation and financial need. The students

demonstrating the greatest financial need shall be afforded priority.

9A:11-3.5 Duration of graduate student eligibility

(a) To retain eligibility for an Article III graduate grant, students shall comply with the Tuition

Aid Grant and Garden State Scholarship programs’ rule at N.J.A.C. 9A:9-2.4, Eligibility and

repayments, in accordance with the Board’s annually established deadline dates.

(b) No student shall be eligible for an Article III graduate grant for more than 10 semesters;

however:

1. Duration of eligibility shall be extended to one semester beyond the normal number of

semesters usually required for a full-time student to complete the degree requirements. For

example:

Full-Time

Degree Graduate Length of

Requirements Student Eligibility

36 credits 9 credits (36/9) = 4 + 1 = 5 semesters

84 credits 12 credits (84/12) = 7 + 1 = 8 semesters

2. Duration of eligibility in pursuit of a medical or dental degree shall be extended to one

year beyond the normal number of years usually required for a full-time student to complete the

degree requirements.

1. Each degree must be a higher level than the previous one unless the grant recipient is

enrolled in a dual-degree program; and

2. In no case shall the combined eligibility exceed the equivalent of 10 semesters.

(d) An Article III graduate grant shall not be awarded for summer program study except in those

programs that, by their nature, require specific course(s) to be taken during the summer.

1. Exceptions are possible in cases where the program of study requires a mandatory

sequence of courses for more than two terms in an academic year.

2. To qualify for an exception, the institution shall submit a written request to the EOF

Executive Director.

(e) Students in their last semester of study to complete degree requirements may enroll for less

than full-time status and still receive the maximum Article III graduate grant for which they would

be eligible as a full-time student.

9A:11-3.6 Discontinuance of Article III graduate student grants

(a) The Article III student grant shall be discontinued for any student who has been academically

dismissed and not reinstated in good standing by institutional officials.

(b) The Article III student grant shall be discontinued for any student who is not matriculated

in a full-time program of study or for any student who is not enrolled. The institution shall repay

the amount of any grants the institution has received for that student.

regulations established by the institution for participation in the EOF program.

(d) The Article III student grant shall be discontinued for any student who intentionally falsified

or gave misleading information upon which EOF program eligibility was based. That student shall

repay the amount of any grants previously awarded to him or her.

SUBCHAPTER 4. EOF PROGRAM SUPPORT SERVICES

9A:11-4.1 Scope

This subchapter governs the development and maintenance of institutional programs of

developmental and supplemental education, and related student support services for EOF-eligible

students.

9A:11-4.2 Institutional eligibility

(a) Each undergraduate institution in New Jersey that enrolls students who receive Article III

grants under the EOF program shall submit an annual plan that outlines the following:

(1) Program mission statement:

i. The overall mission of the campus-based EOF program;

ii. How the program’s mission supports the overall mission of the participating

institution; and

iii. How the mission relates to the New Jersey Educational Opportunity Fund Statewide

mission statement under N.J.A.C. 9A:11-1.3; and

(2) Program goals and objectives:

i. Recruitment and Admissions: identification of the program’s target population;

ii. Summer program goals for incoming freshmen and renewal students;

iii. Assessment of students’ developmental skills needs and learning styles;

iv. Plans to address student learning and development;

v. Plans to address student retention; and

vi. Plans to address student graduation, and transfer to senior institutions (if

applicable).

(b) Programs shall serve only matriculated students who are working toward a certificate or

degree.

9A:11-4.3 Eligible EOF program requirements

Institutions that demonstrate they provide access to higher education for students eligible for

Article III undergraduate grants, improve EOF student academic performance, and promote

student retention shall be eligible for Article IV funding consideration. Institutions also shall

promote student progress toward graduation within the established period of program eligibility

and within the academic regulations of the institution, as well as provide effective administrative

support for the EOF program within the institution.

9A:11-4.4 Institutional administration

(a) Each participating institution shall provide administrative support for the efficient operation

of the campus EOF program.

(b) Each participating institution that receives program support funds under Article IV shall

appoint a full-time administrator/director responsible for operating the institutional EOF program.

A request to waive the full-time requirement may be submitted to the EOF Executive Director.

The waiver request shall contain the following information:

1. The percentage of time the administrator/director will devote to the operation of the

institutional EOF program; and

2. An explanation of how the administrator/director’s administrative functions set forth in

(e)1 through 12 below will be fulfilled with less than a full-time director.

forth in (b) above to approve or deny the request. If the waiver is approved, institutions shall affix

the waiver approval to their fiscal-year contract.

(d) The waiver request shall be resubmitted in the event of a change in personnel,

responsibilities, or reorganization.

(e) Each participating institution shall provide for the campus EOF administrator/director to

have sufficient authority for the following:

1. Program planning;

2. Budget development and administration;

3. Selection, training, and supervision of program staff;

4. Monitoring program students’ academic progress;

5. Development and implementation of policies and procedures that facilitate the

retention, transfer, and graduation of the target EOF population;

6. Supervision and/or coordination of recruitment and enrollment management

activities;

7. Use the EOF on-line supplemental roster to request, process, and certify EOF Article III

student grant awards for eligible students;

8. Review of financial aid packages for EOF students to determine the appropriateness and

adequacy of financial aid awards;

9. Development of collaborative linkages with precollege programs;

10. Assessment and evaluation of all program components;

11. Supervision and submission of all required materials to the EOF Central Office; and

12. Supervision of all data collection and development of research reports on the program.

(f) Each participating institution shall maintain clear administrative procedures for cooperative

interaction with the various offices responsible for the activities outlined in (e)1 through 12 above.

(g) Personnel selected by participating institutions to administer and deliver services to EOF

students are employees of the institution and are governed by that institution’s personnel policies.

(h) Each participating institution shall provide for the campus EOF administrator/director to

participate actively in all institutional policy making that affects the EOF program and its students,

including academic standards, recruitment, and retention.

(i) At each participating institution the campus EOF administrator/director shall make the

final determination on admitting students to the EOF program and awarding EOF Article III

grants.

9A:11-4.5 Recruitment and admissions

(a) The institution, through its admissions and EOF staff, has the primary responsibility for

recruiting EOF students. The staff shall have the requisite skills and information to convey

accurately the goals and objectives of the institutional EOF program. EOF staff shall assist in

identifying, interviewing, and selecting prospective program participants, but the institution is

accountable for the recruitment yield on an annual basis.

(b) Each participating institution shall establish an annual goal within its program goals and

objectives as set forth in N.J.A.C. 9A:11-4.2(a)2 to enroll a percentage of its entering fall full-time

first-time undergraduates through the EOF program. The EOF fall full-time first-time

undergraduate goal shall be based on the institutions’ resources from all sources and the current

demographic profile of its full-time undergraduate students. Participating institutions are

encouraged to establish a goal of at least 10 percent. Each institution shall declare their EOF fall

full-time undergraduate goal in their annual fiscal year EOF contract. The percentage shall be

calculated from the number of EOF full-time first-time undergraduates in a given fall semester and

the number of full-time first-time New Jersey resident undergraduates in the previous fall’s full-

time first-time undergraduate class. Students who are counseled at entrance to pursue a part-time

course load and receive an Article III part-time student grant shall be counted in calculating an

institution’s EOF fall full-time first-time undergraduate percentage goal.

identify, and select potential students for the EOF program. This process/procedure shall be subject

to audit by EOF Central Office staff at any time. The plan shall focus primarily on identifying a

significant pool of potential students who meet the student eligibility criteria in N.J.A.C. 9A:11-

2.2 and the financial eligibility criteria defined in N.J.A.C. 9A:11-2.3. The plan also shall establish

a priority selection process that includes a waiting list, as well as appeal procedures for EOF first-

year students, transfer, and readmit applicants.

(d) The campus EOF administrator/director shall make the final determination on the awarding

of Article III undergraduate student grant funds to students initially admitted to the institution’s

EOF program who withdrew or were academically dismissed or suspended but are subsequently

readmitted to the institution.

9A:11-4.6 Criteria for admission

(a) Each institution shall develop clearly defined criteria for the admission of students into the

EOF program. Such criteria shall be consistent with the EOF mission, scope, purpose, student

eligibility, and student transfer procedures in N.J.A.C. 9A:11-1.3, 1.4, 2.1, 2.2, 2.3, 2.12 and

5.4(b). Such criteria shall be available to secondary schools and community organizations in the

recruitment region.

(b) EOF admissions criteria shall be derived from a combined assessment of qualitative and

quantitative indices. The qualitative indices may include personal interviews, employment history,

volunteer and student leadership experiences, and letters of recommendation from knowledgeable

community leaders. The quantitative indices may include student aptitude test scores, high school

transcripts, institutional entrance and placement tests, and writing samples.

9A:11-4.7 Student transfer procedure

(a) Each participating institution shall develop and maintain a well-defined, written policy to

facilitate transfer of EOF students between same-level institutions and from two-year to four-year

institutions.

(b) The campus EOF administrator/director at the receiving institution shall make the final

determination on which transfer students shall receive an EOF grant. This is to ensure that the EOF

program can provide these students with adequate educational support services and monitor their

academic progress, as well as to maintain fiscal controls and budget management.

of services as outlined in N.J.A.C. 9A:11-4.8 to students who are eligible for funding consideration

under N.J.A.C. 9A:11-2.12, Transfer of eligible students to another participating institution.

9A:11-4.8 Eligible program support components

(a) The campus program shall supplement, but not supplant, services already available to the

general student population.

(b) Each participating institution shall structure activities that provide educational enrichment

for EOF students, improve their academic performance, promote their retention and progress

toward graduation, and acknowledge their academic success and leadership development within

the period of program eligibility and the institution’s academic standards. These activities shall

include but are not limited to:

1. Skills assessments: Each institution shall assess EOF students’ basic skills needs,

learning styles, computer literacy, and ongoing academic performance;

2. Remedial/developmental instruction: Each institution shall provide remedial, ESL, and

developmental programs designed to remedy academic deficiencies;

3. Monitoring student academic progress: Each institution shall monitor EOF students’

academic progress and inform them of their standing in a timely fashion;

4. EOF advisement/counseling: Each campus program shall provide

advisement/counseling designed to address student learning, cognitive development, and mental

health support. This shall include helping students explore their educational, career and personal

goals, assisting them with enrolling in appropriate courses for their desired degree program, and

providing the appropriate cognitive and mental health support;

5. Academic Support Services: Each institution shall provide well-defined programs of

academic support services to include but not limited to supplemental instruction, tutoring, and

study supervision to help EOF students resolve learning difficulties. These programs may include

peer learning groups and specially adapted versions of courses that are prerequisites to majors;

6. Services for limited-English-proficient EOF students: Each institution that enrolls such

students in their EOF program shall provide developmental, counseling, and support services to

enhance and strengthen these students’ academic performance;

7. Preparation for community college EOF students to transfer to senior institutions: Each

institution shall develop initiatives to promote EOF student transfer from county to senior

institutions;

8. Preparation for careers, graduate, and professional education: Each institution shall

provide programs designed to prepare EOF undergraduates for professional careers and/or

enrollment in graduate/professional school. Campus EOF staff working with the institutional

placement office and academic departments shall coordinate these services, which shall include

career interest testing, resume preparation, and job search and interview techniques, as well as

programs to nurture student interest in graduate and professional education. Such programs may

include assistance with the application process for undergraduate research experience programs,

graduate/professional school test preparation, graduate and professional school application

process, grants, scholarships, fellowships, and other forms of financial assistance;

9. Student leadership development: Each institution shall provide programs designed to

foster culture, diversity, racial harmony, civic engagement, social responsibility, and the

improvement of human relations. The program design may include developing conflict resolution

and empowerment skills, as well as an understanding of the responsibilities leaders must assume;

10. Orientation: Each institution shall annually inform students in writing of its policies

and procedures for participation in its EOF program and for continued receipt of academic and

financial aid support.

11. Each institution shall provide any other support services deemed necessary by the

institution to ensure student success.

academic success of students and develop knowledge and skills commensurate with those of the

regular student population. The institution, in cooperation with the campus EOF

administrator/director, shall establish minimum standards for the campus program and develop

processes to evaluate the effectiveness of each program component.

9A:11-4.9 Experimental programs

(a) The Board may authorize the EOF Executive Director to work with institutions, other

agencies of State government, or external consultants to develop new initiatives to improve the

efficiency and delivery of service to students. The Board also may solicit or consider proposals

from institutions to support technology, research, or developmental projects to increase program

effectiveness and encourage innovative practices. The Executive Director of EOF, upon the

approval of the Board, is authorized to grant awards or contracts for such projects. Experimental

areas may include, but are not limited to, projects that would:

1. Increase student preparation for and/or placement in careers where disadvantaged

populations traditionally are underrepresented;

2. Increase student placement in professional schools of medicine, law, science, and

technology;

3. Foster development of exemplary programs that have potential for expansion and/or

replication at other institutions; or

4. Improve the efficiency and effectiveness of administrative processes.

(b) Institutional awards granted for experimental/special projects may be exempt from the

provisions of N.J.A.C. 9A:11-6.9, Institutional commitment.

limited funds for the purchase/lease of hardware/equipment that is directly related to implementing

an experimental/special project.

(d) Institutions shall submit reports on the progress of their experimental/special project(s) to

the EOF Executive Director as requested.

(e) Institutions with experimental/special projects that the EOF Executive Director deems

successful shall integrate the projects into their overall processes, and after such integration, all

provisions of N.J.A.C. 9A:11-6.9 and 6.10 shall apply.

9A:11-4.10 Discontinuance of Article IV program support services

(a) Article IV program support services shall be discontinued for any student who refuses to

abide by regulations established by the institution for participation in the EOF program.

(b) Article IV program support services shall be discontinued for any student who intentionally

falsified or gave misleading information upon which EOF program eligibility was based.

SUBCHAPTER 5. SUMMER PROGRAM AND WINTER SESSION

9A:11-5.1 Scope

This subchapter governs the development and maintenance of the summer program and winter

session. The goal of the summer program is to introduce initial students to the academic and social

demands of college life, as well as prepare them for transition into the fall semester. Summer

programs and winter sessions may also provide support for renewal students to maintain academic

sequence and/or participate in special enrichment programs to enhance their academic

performance and/or improve their preparation for majors/careers where disadvantaged students are

underrepresented.

9A:11-5.2 Institutional eligibility

Any undergraduate institution in New Jersey that enrolls students who receive academic year

Article III grants under the EOF program and is in compliance with N.J.A.C. 9A:11-1, 2, 4 and 6

is eligible to apply for summer program and winter session funds.

9A:11-5.3 Summer program and winter session requirements

(a) Summer programs and winter sessions shall be eligible for funding consideration if they:

1. Provide orientation services to acclimate initial students to the academic and social

environment of postsecondary education;

2. Provide an assessment of students’ motivation and commitment to pursue postsecondary

education, including, but not limited to, academic skills proficiencies, career interests, and

learning styles;

3. Provide administrative and academic support services, which include, but are not limited

to: counseling, tutoring, and other staff services to ensure adequate student support;

4. Provide an educational program to prepare students for collegiate-level work;

5. Provide continuity with academic year programming activities;

6. Provide opportunities to assist students with decreasing the time toward graduation;

7. Provide in-service training for staff;

8. Improve graduate and/or professional school placement;

9. Provide a systematic effort to help students succeed in majors where disadvantaged

students traditionally are underrepresented;

10. Use research and development models to evaluate and improve the academic support

services provided to students; and

11. Provide support for eligible students to maintain or regain satisfactory academic

progress.

9A:11-5.4 Student eligibility

(a) Any student whom the institution deems eligible for admission to the EOF program in the

academic year, pursuant to N.J.A.C. 9A:11-2, shall be qualified to receive additional grant funds

for enrollment and full participation in the summer program or winter session, in accordance with

(b) and (c) below:

(b) Based upon an assessment of students’ preparation and readiness for collegiate study,

institutions may require eligible students to participate in a pre-first year summer program as a

condition of their admission and/or eligibility to receive EOF grants and support services during

the academic year. The EOF pre-first year summer program is intended to assist students that have

been admitted to the institution as identified at N.J.A.C. 9A:11-6.1(h)2 and 3. Institutions may

permit students to enroll without participating in a summer program, as long as the institution

provides during the academic year alternative activities for such students consistent with the goals

of N.J.A.C. 9A:11-5.1 and the requirements of N.J.A.C. 9A:11-5.3.

or earned an associate’s degree as part of their high school graduation requirements are eligible

for participation in the pre-first year summer program. Furthermore, these students must be

considered for the EOF program based on the EOF Article III student grant funding priorities

outlined at N.J.A.C. 9A:11-6.1(h), and if they meet all of the eligibility requirements set forth at

N.J.A.C. 9A:11-2.2 and 2.3.

(d) Institutions shall establish criteria and a well-defined process for distributing summer

program and winter session funding for renewal students. Depending on the availability of funds,

renewal students may attend summer programs or winter sessions if such attendance accomplishes

one of the following:

1. Completion of basic skills requirements;

2. Maintenance of academic progress;

3. Completion of graduation requirements;

4. Completion of prerequisites to remain in academic sequence or gain access to a specific

major;

5. Removal from academic probation;

6. Repetition of courses not successfully completed (F, incomplete, etc.); or

7. Acceleration and special summer or winter enrichment programming.

9A:11-5.5 Verification of financial eligibility

(a) Initial students participating in the summer program shall follow the provisions of N.J.A.C.

9A:11-2.5 as part of summer program enrollment procedures.

(b) Procedures for verifying student eligibility for summer program and winter session

attendance shall be consistent with those set forth in N.J.A.C. 9A:11-2.5, Verification of financial

eligibility.

9A:11-5.6 Summer program and winter session evaluation

(a) Campus programs shall conduct continuous quality assessments of their summer and winter

programming, including length of time, academic offerings, supportive services, facilities, etc.

(b) The EOF Central Office may conduct additional summer program and winter session

evaluations, including visitations, to ensure maximum program effectiveness and accountability.

SUBCHAPTER 6. OPERATIONAL PROCEDURES FOR ACADEMIC YEAR, WINTER SESSION, SUMMER

ARTICLE III STUDENT GRANTS, AND ARTICLE IV PROGRAM SUPPORT SERVICES FUNDS

9A:11-6.1 Renewal application process for Article III student grants and Article IV program support

funds

(a) The EOF Executive Director shall annually inform all participating colleges and universities

about the availability of EOF Article III (Academic Year, Summer and Winter) funding and, when

applicable, Article IV summer program and winter session funding, undergraduate and graduate

student grants and Article IV program support grants for the academic year, as well as all policies

and procedures that will be used to distribute the anticipated appropriation based on the Governor’s

recommendation.

(b) In accordance with the Governor’s annual funding recommendation to the Legislature, the

Board shall determine annually preliminary funding allocations for the next fiscal year for each

institution that received EOF funds during the previous fiscal year.

notification of the preliminary allocations specifying the funding level and any stipulations

regarding the conduct of the program or the disbursement of funds.

(d) Each participating institution must complete the required contract budgets for funding that

reflects the institution’s monetary commitment to the campus EOF program. In addition, a mission

statement for the campus program, including mandatory measurable goals as stated in 9A:11-

4.2(a)2, desired outcomes, and a time-line to improve the campus program’s overall student

performance must be included as part of the contract.

(e) An institution shall have the authority to manage its EOF summer and winter student

enrollments within the approved Article III, and, when applicable, Article IV summer program

and winter session allocations, and to manage its academic year undergraduate and graduate

student enrollments within the approved Article III and Article IV academic year allocations.

(f) An institution may appeal its allocation(s), in writing, to the EOF Executive Director within

30 days of preliminary notification. The EOF Executive Director shall consider the appeal and

make a recommendation to the Board.

(g) The EOF Executive Director on behalf of the Board shall execute a program contract with

the president (or their designee) of each participating institution in accordance with the final EOF

funding level(s) contained in the annual appropriation act. The contract shall include any special

provisions or limitations of the EOF funding and a statement of intent to comply with all program

regulations and the master contract.

(h) Based on an institution’s annual academic year EOF Article III appropriation, student grant

funds shall be awarded to eligible students in the following priority order:

1. Renewal students who were funded during the previous academic year;

2. First-time, full-time freshmen;

3. Students that have earned 24 or more college credits while in high school or who

participated in a dual enrollment program and have earned an associate’s degree as part of

their high school graduation requirements and have no prior history of EOF funding

support;

4. EOF transfer students who received an EOF student grant at their previous institution,

in the preceding academic year;

5. Renewal students readmitted or returning who did not receive funding the prior academic

year; and

6. Eligible students who do not fall into any of the other four categories listed above.

9A:11-6.2 Application process for new institutions to participate in the EOF program

(a) Institutions of higher education that wish to participate in the EOF program for the first time

shall be licensed by the New Jersey Office of the Secretary of Higher Education and institutionally

accredited by an accrediting body recognized by the U.S. Secretary of Education; and shall submit

to the EOF Executive Director a letter of intent and a plan that includes the following information:

1. The identification of an eligible target population;

2. The proposed structure of the institutional program;

3. A description of the processes for delivery of the student services outlined in N.J.A.C.

9A:11-4.2, 4.3, 4.4, 4.5, 4.6, 4.7 and 4.8; and

4. A budget proposal that accords with the provisions of N.J.A.C. 9A:11-6.9 and 6.10.

(b) The EOF Central Office shall review the letter of intent and may select an external

consultant(s) to conduct, at the institution’s expense, a site visit to assess the requesting

institution’s capability to provide the type of program described in the plan.

recommendation and the sufficient funds available in the annual appropriation, the Board may

elect to contract with the institution to establish an EOF program.

(d) If the consultant recommendation is not favorable, the requesting institution may revise its

plan to address the areas of concern identified by the consultant(s) or may appeal the decision of

the consultant to the Board.

9A:11-6.3 Use of Article III grant funds

(a) EOF Article III academic year funds are processed as semester grants per student and shall

be applied toward student’s educational costs only. Funds awarded in the fall and spring terms are

to be used solely for courses and educational costs that specifically occur within the fall and spring

terms. Such costs shall include whatever constitutes the participating institution’s educational

budget and may include tuition, fees, room and board, books, required educational materials and

supplies, transportation and child care.

(b) The EOF Article III summer program grant shall be applied to the student’s educational

costs. Funds awarded for the summer session are to be used solely for courses and educational

costs that occur during the summer session. Courses taken during the summer session must be

recorded on the students’ academic transcripts as completed during the summer session. In the

summer, such costs shall include whatever constitutes the participating institution’s educational

budget and/or instructional costs as follows:

1. Tuition charged per student or instructional costs (that is, instructors’ and teaching

assistants’ salaries), but never both for any single course;

2. Fees, room and board, books, educational supplies, transportation, and child care, as well

as stipends and insurance;

3. Salaries, and room and/or board for professional, graduate, and/or peer tutors; and

4. Educational materials used to support instruction.

Funds awarded for the winter session are to be used solely for courses and educational costs that

occur during the winter session. Courses taken during the winter session must be recorded on

students’ academic transcripts as completed during the winter session. In the winter, such cost

shall include whatever constitutes the participating institution’s educational budget and/or

instructional costs as follows:

1. Tuition charged per student or instructional costs (that is, instructors’ and teaching

assistants’ salaries), but never both for any single course;

2. Fees, room and board, books, educational supplies, transportation, and child care, as well

as insurance;

3. Salaries, for professional, graduate, and/or peer tutors; and

4. Educational materials used to support instruction.

(d) Use of Article III student grants for any other costs is strictly prohibited unless approved

by the EOF Central Office under the provisions of N.J.A.C. 9A:11-4.9.

9A:11-6.4 Academic Year Article III award cycle

(a) An Article III student grant shall be available for each semester of an academic year, which

usually includes two terms.

(b) If a student is not enrolled for two terms, then the Article III student grant shall be awarded

only for the term in which the student is enrolled.

9A:11-6.5 Article III student grant notification and payment

(a) Before Article III student grant funds can be disbursed in their name, eligible students shall

demonstrate that they have complied with the Military Selective Service Act pursuant to N.J.S.A.

18A:71B-6.

(b) The institution shall notify a student, in writing, of the content of their academic year

financial aid package. The institution’s written notification shall contain a clause absolving the

State of any obligation for funding if the grant award was based on fraudulent, inaccurate, or

misleading information.

rule governing award combinations and over awards, shall apply to Article III undergraduate

student grant notifications and payment.

(d) Payments shall be provided to institutions on behalf of student recipients, which payments

shall be made in installments over the summer and academic year, with the number of installments

corresponding to the number of terms the student is enrolled.

9A:11-6.6 Request for payment, adjustment, refund, and/or collection of Article III student grants

(a) Payment deadlines shall be established annually and included as an addendum to the contract

between the Board and each participating institution.

(b) To request payment of undergraduate Article III student grant funds, the campus EOF and

financial aid directors shall follow payment procedures as outlined in the EOF Executive

Director’s annual administrative memorandum.

Office student background information that was used to determine a particular student’s eligibility

or ineligibility for the EOF program.

(d) All files of students receiving Article III student grants are subject to audit in compliance

with the provisions of the project and master contracts.

(e) All participating institutional programs shall cooperate fully in specified program analyses

and evaluation activities carried out by the EOF Central Office in accordance with N.J.A.C. 9A:11-

6.15, Program improvement and evaluation process, and 9A:11-6.17, Fiscal audit requirements.

(f) N.J.A.C. 9A:9-2.12, which is the Tuition Aid Grant and Garden State Scholarship programs’

rules governing award adjustments, refunds and collections, shall apply to Article III student grant

disbursements.

9A:11-6.7 Appeals

(a) A student, or their parent(s), may only file a written appeal with the EOF Executive Director

regarding an institutional determination of ineligibility for an Article III student grant, but only

after the student has appealed through all institutional channels because EOF is a campus based

program. (Participating institutions are responsible for verifying grant and scholarship eligibility

and for establishing appeal procedures.)

1. Appeals submitted to the EOF Executive Director shall be in the form of a letter

addressed to the EOF Executive Director at the Office of the Secretary of Higher Education EOF,

P.O. Box 542, Trenton, New Jersey 08625-0542.

2. The letter shall contain the student’s full name, Higher Education Student Assistance

Authority (HESAA) student ID number, and college of attendance, and present detailed

information about the case, including a description of the basis for appeal and the names of

institutional officials contacted during the institutional appeal process.

(b) If an institution presents, after State payment deadline dates, new information or evidence

that justifies reversing previous institutional determinations of ineligibility as the result of a

successful institutional appeal process, the institution may seek authorization from the EOF

Executive Director to receive payments in the same fiscal year, but such requests shall be submitted

before June 30th of each year.

9A:11-6.8 Liability

(a) The basic responsibility for submitting accurate information to institutional officials rests

with the student.

(b) If an institution knowingly conveys fraudulent or misleading information in order to obtain

Article III grants for ineligible students, the institution shall be held liable and shall be required to

make restitution to the State.

that is later found to be fraudulent or misleading, the student is liable for returning the Article III

grant. The institution shall include a written statement to this effect with each student’s award

notification.

(d) The institution shall undertake the appropriate steps to reclaim moneys due the Fund from

ineligible students. When EOF grants have been received based on fraudulent information,

institutions shall notify the EOF Executive Director and shall report on efforts made to reclaim

said funds.

(e) The Board is not liable for institutional financial expenditures that exceed a participating

institution’s fiscal year budgeted contract allocations for Article III or Article IV funds.

9A:11-6.9 Institutional commitment

(a) EOF students, as students who pay tuition and for whom the institution receives State

support other than EOF funding, are entitled to all services available to any other students at the

institution.

(b) Article IV program support funds are intended to supplement, not supplant, existing services

provided by the institution. A participating institution shall not charge the EOF program, either

directly or through the institutional match provision of (c) below, for services that are not over and

above those available to the general student population.

in the program. Institutions shall provide matching funds equivalent to no less than the total

academic year Article IV program support allocation provided by the Board.

1. The institutional match for campus EOF program costs may consist of any of the

following:

i. Funds contributed or donated to the institution by public agencies, private

organizations, or individuals;

ii. Real or personal property contributed or donated to the institution by public

agencies, private organizations, or individuals;

iii. The provision and maintenance of peripheral technological equipment;

iv. Direct services rendered by other institutional staff solely to the EOF program,

as long as those services constitute at least 10 percent or more of the institutional

staff member’s time;

v. All or a portion of any EOF staff member’s salary, wages, or fringe

benefits; or

vi. Indirect/overhead expenses, such as space, light, heat, etc., up to but not more

than 20 percent of total program costs.

2. Institutional match items shall not include:

i. The salary and/or fringe benefits of high-level institutional officers who serve all

students. Where these individuals are included, a detailed justification shall

accompany the proposed contract budget. The justification shall include services

provided to EOF students that would not normally accrue as a result of tuition

payment.

ii. Items and services normally provided to students by the institution without

charge;

iii. Items and services normally provided to the institution by other government

agencies without charge;

iv. Charges incurred by the institution as program costs but require no cash outlay

by the institution during the grant period; or

v. Any cost incurred or contribution of services made in a prior fiscal year.

(d) The contract budget shall provide a format for the institution to record separately all

institutional match and grant award items, including fringe benefits. Budgets are subject to audit.

(e) The EOF Executive Director shall review all budgets to determine appropriateness of any

in-kind contributions offered as institutional match and make recommendations to the Board. An

institution may appeal the disallowance of an institutional match item in writing within 30 days

of issuance of the formal agreement. The EOF Executive Director shall consider the appeal and

make a recommendation to the Board.

(f) Should an institution find itself in an extreme financial situation where it is at risk of closing

its operations permanently during an academic year and is unable to meet the EOF match

provisions set forth at (c) above, the institution may submit a waiver appeal to the EOF Executive

Director requesting an allowance to reduce its match requirement. Such an appeal must include

information that will evidence how the institution is unable to meet the match provisions set forth

at (c) above and must include a specific timeline for when the institution will be able to meet the

match requirement set forth at (c) above. This appeal may only be submitted after the institution

has met with the EOF Central Office staff and all possible means of meeting the institutional match

requirement as outlined at (c) above have been exhausted. The EOF Executive Director shall

consider the appeal in consultation with the Secretary of Higher Education and make the

appropriate recommendation to the Board within thirty (30) days of receipt of the waiver appeal.

9A:11-6.10 Restrictions on use of Article IV program support funds

(a) Article IV program support funds shall not be used for the following items:

1. Employee benefits for academic year student assistants and part-time personnel;

2. The purchase of office furniture and/or office décor items;

3. Indirect expenses (such as space, heat, lights, postage, and telephone) that exceed 10

percent of the total academic year Article IV allocation;

4. Transportation of students for normal commuting costs;

5. The salary and fringe benefits of the campus EOF administrator/director;

6. Fringe benefits for 12-month EOF staff at public senior institutions;

7. Fringe benefits in excess of 21 percent of the salaries and wages paid by EOF funds for

12-month EOF staff at community colleges and independent institutions;

8. The cost of instruction for which students are charged tuition;

9. Other student costs that normally are covered by a student’s financial aid package, such

as fees, room and board, transportation, and child care;

10. Lobbying, partisan political contributions, and/or fund raising activities; or

11. The purchase of medication, drugs, or alcoholic beverages.

9A:11-6.11 Transfer of Article IV program support funds

(a) Institutions shall not transfer Article IV program support funds to establish new personnel

or new other-than-personnel services (OTPS) items that were not part of the original contract

without prior written approval by the EOF Executive Director. The submission of an Article IV

transfer request shall occur prior to the deadline for the submission of the second interim

expenditure report.

(b) Transfers within existing personnel lines or within existing OTPS lines, as included in the

original contract, do not require prior approval but the institution shall notify the EOF Executive

Director, in writing, that such transfers have taken place.

9A:11-6.12 Academic progress

Each institution shall establish a policy and maintain a process to monitor EOF students’

performance and inform students of their academic progress and standing. This process shall

include operational procedures to record and review student progress prior to the fall semester of

each academic year, in accordance with N.J.A.C. 9A:11-2.13, and to provide student advisement

through the counseling component of the program.

9A:11-6.13 Procedures regarding academic probation

(a) Article III student grants and EOF program support services may be discontinued for reasons

outlined in N.J.A.C. 9A:11-2.14, Discontinuance of Article III student grants, and 9A:11-4.10,

Discontinuance of Article IV program support services.

(b) Each participating institution shall have procedures to notify the campus EOF

administrator/director about program participants placed on academic probation and dismissal. If

the institution has developed a process or system to determine if a student may be at risk

academically prior to being placed on academic probation or being dismissed, this information

must be made available to the EOF staff. EOF staff shall conduct an assessment of these students’

overall academic performance and require the student’s participation in such support programs as

may be appropriate.

meet the institution’s academic progress standards. The process shall involve the campus EOF

administrator/director and should employ appropriate academic support remedies before academic

dismissal.

9A:11-6.14 Recordkeeping and data collection

(a) Data collection is essential to identifying target populations and developing admissions

criteria, as well as designing program services, monitoring student progress, determining the

effectiveness of program activities, and documenting outcomes. Each campus EOF program shall

have access to state-of-the-art hardware/software capabilities, as well as institutional management

information systems and research staff. Additionally, each campus EOF program shall have access

to an electronic recordkeeping system with the, ability to integrate EOF student data from

institutional offices’ including admissions, financial aid, registrar, bursar, academic advisement,

and other student support services. Data to support recruitment and admissions shall include, at a

minimum, each student’s:

1. High school;

2. Home address;

3. Home county;

4. Self-identified Gender;

5. Race/ethnicity;

6. Family income used to determine eligibility or continued financial need;

7. Standardized test scores, such as ACT and/or SATs, and basic skills assessments;

8. High school transcript (rank, coursework, and type of diploma) and/or diploma, and

college transcript;

9. Other educational experience records (such as GED, transfers);

10. Renewal status; and

11. Historical poverty code.

(b) Other data elements shall include recruitment schedule, number of applications received,

number eligible or ineligible students, number of students admitted, and number of students

matriculating.

EOF students. The information for each student shall include, but is not limited to, the following:

1. Data on and assessment of the student’s performance in the areas of basic skills, learning

styles, and computer literacy;

2. Data on and assessment of counseling contacts and other initiatives to help students

improve their academic performance;

3. Data on and assessment of tutorial/supplemental instruction contacts;

4. Financial data, including eligibility determination and annual notification of financial

aid package;

5. Current registration and academic transcripts; and

6. Data on and assessment of the career and graduate placement contacts provided to

program participants.

(d) Each participating institution shall maintain adequate financial documentation of all program

budgets and expenditures. Accounts shall reflect EOF and institutional monies separately by line

item. State, institutional, Federal, and other funding sources shall be clearly delineated.

(e) The EOF administrator/director, along with appropriate institutional officials, shall be

involved in and responsible for preparing and submitting all budget documents and coordinating

EOF fiscal affairs.

9A:11-6.15 Program improvement and evaluation process

(a) The EOF Executive Director shall maintain appropriate procedures to monitor program

components and fiscal functions at institutions receiving Article III and Article IV funds pursuant

to this chapter.

(b) The EOF Executive Director will annually provide each participating institution with both

quantitative and qualitative performance indicators that the Board has adopted as satisfactory

program outcomes.

and their compliance with this chapter:

1. Institutional goals for the EOF program as set forth in N.J.A.C. 9A:11-4.2(a)2

2. Program outcomes including:

i. Cohort retention rates;

ii. Cohort graduation rates;

iii. Enrollment of EOF full-time first-time undergraduate students as a percentage

of the institution’s entering fall cohort of full-time first-time New Jersey residents

in the institution’s undergraduate class, as specified at N.J.A.C. 9A:11-4.5(b);

iv. The number of EOF community college students who transfer to New Jersey

senior institutions;

v. The EOF equity index for senior institutions or the county college success rate;

and

3. Fiscal budgets and expenditure reports.

(d) The EOF Executive Director shall conduct regular program audits and evaluations to

determine regulatory compliance and program effectiveness. The EOF Central Office or its

assigned representatives shall provide due notice of a visit to a participating institution to conduct

monitoring activities, which may include evaluation, audits, and post-audit activities.

9A:11-6.16 Annual program report

(a) Participating institutions shall submit to the EOF Central Office reports of program

activities, outcomes, and fiscal expenditures in a format established before the reporting period.

(b) The timetable for submission of the reports shall be included in the final contract executed

with each participating institution.

payment and may not receive any payments for the rest of the fiscal year.

9A:11-6.17 Fiscal audit requirements

(a) Participating institutions shall either have separate accounts for each EOF allocation for

which funds are received or deposit State funds in a general account, the latter only if funds are

identified by their separate EOF categories; in either case, the institution shall maintain a clear

audit trail. The institution also shall maintain student records that include name, address, social

security number, date, amount of each EOF semester award, and such other information as required

for compliance with 20 U.S.C. 1070 et seq.; 34 C.F.R. 668.24; the Single Audit Act, as contained

in the New Jersey Department of Treasury, Office of Management and Budget (OMB) Circular

Letter 98-07, and as further specified in this chapter. Records of receipts and disbursements shall

be maintained in accordance with generally accepted accounting principles.

(b) The institution’s EOF program shall be included as part of the institution’s periodic audit

by an independent accounting firm to ensure compliance with this chapter, and the institution shall

provide a copy of the audit report to the Office of the Secretary of Higher Education. The Board

through the Secretary reserves the right to conduct its own institutional audit.

their designee access to institutional and student records for audit purposes.

9A:11-6.18 Program noncompliance

(a) Upon an institution’s unsatisfactory program evaluation or fiscal audit or its failure to

achieve the program outcomes contractually agreed upon, the EOF Executive Director or their

designee may conduct an inquiry at the institution. The purpose of the inquiry shall be to discuss

and investigate the apparent noncompliance with the institutional president, EOF

administrator/director, and other appropriate officials.

(b) The EOF Executive Director shall make a written report on the findings of the inquiry and

shall transmit a copy to the institutional president and campus EOF administrator/director. The

report shall describe the noncompliance in detail and provide specific recommendations to correct

the situation within a time period that the EOF Executive Director shall determine.

Chairperson of the Board; the Board shall consider the appeal within a reasonable time period. The

Board may uphold or overturn the report of the Executive Director and modify the

recommendations as it deems appropriate.

9A:11-6.19 Program probationary status

(a) The Board may place an institutional EOF program on probation for failure to correct

program deficiencies within the time specified by the EOF Executive Director. The Board shall

impose such restrictions as it deems necessary, which restrictions may include, but are not limited

to, the following:

1. Restrict the recruitment of new students into the program,

2. Withhold funds for the program pursuant to provisions of the master contract, and

3. Terminate an institutional program pursuant to contractual provisions.

9A:11-6.20 Program advisory board (PAB)

(a) Each participating institution should establish a Program Advisory Board (PAB). The size

and method of selection of the PAB shall be at the institution’s discretion. Membership may

include representatives of its students, faculty, and administration, as well as local citizens who

reflect the student population being served by the campus program. The campus EOF

administrator/director shall serve ex-officio on the PAB.

(b) The PAB shall establish a meeting schedule for the academic year. The PAB shall

demonstrate, at a minimum, its involvement in the following activities:

1. Advising during the search and selection of the campus EOF administrator/director;

2. Acquainting the local and campus communities with the goals and objectives of the EOF

program;

3. Reviewing the admissions criteria and the procedures used in recruiting EOF students;

4. Being knowledgeable about institutional methods for recruiting, interviewing, and

screening potential students for admission into the college who may require EOF financial

assistance and/or special educational assistance;

5. Serving as a resource for student mentoring, internships, and employment opportunities;

and

6. Reviewing and commenting on the institution’s program goals, objectives and outcomes.

SUBCHAPTER 7. C. CLYDE FERGUSON LAW SCHOLARSHIP

9A:11-7.1 Student eligibility

(a) To be eligible for a C. Clyde Ferguson Law Scholarship (Ferguson Scholarship), a student

shall demonstrate that they:

1. Is or has been a legal resident of the State of New Jersey for at least one year immediately

before receiving the scholarship;

2. Is from a disadvantaged background, as demonstrated by inclusion in at least one of the

following categories:

i. Meets the requirements of N.J.A.C. 9A:11-2.3;

ii. Is a former or current recipient of the New Jersey EOF Article III undergraduate

or graduate grant;

iii. Is a student who would have been eligible as an undergraduate for a New Jersey

EOF Article III student grant (N.J.A.C. 9A:11-2.3); or

iv. Is a first-generation college student whose immediate family is or was eligible

for government assistance and/or educational programs targeted toward low-

income and disadvantaged populations (TRIO programs, NJ GEAR UP, free and

reduced breakfast/lunch programs, food stamps, or at least one year of Pell

grants); and

3. Is or will be a full-time student enrolled for an initial law degree at Rutgers Law School

or Seton Hall University School of Law.

(b) Students shall not receive assistance under the programs administered by the Board if they

owe a refund on a grant or scholarship previously received from a State or Federal program through

any institution or are in default on any loan made under any State or Federal student financial

assistance program at any institution. However, such students may receive State financial

assistance if they make satisfactory repayment arrangements with the appropriate office.

9A:11-7.2 Grant amounts

(a) The maximum and minimum award ranges for a Ferguson Scholarship shall be annually

established by the Board but shall not exceed the maximum amount of tuition, fees, room, and

board charged at Rutgers Law School.

(b) The amount of each Ferguson Scholarship shall be based on the financial need of the student

determined pursuant to N.J.A.C. 9A:11-3.4(a), (b) and (c).

9A:11-7.3 Rules incorporated by reference

The following provisions of this chapter governing the EOF program shall also apply to grants

made under the Ferguson Scholarship unless they are inconsistent with, or otherwise excepted

within, the provisions of this subchapter: N.J.A.C. 9A:11-3.2(b), 3.5, 6.1, 6.3, 6.5, 6.6, 6.7 and 6.8.

SUBCHAPTER 8. MARTIN LUTHER KING PHYSICIAN-DENTIST SCHOLARSHIP PROGRAM

9A:11-8.1 Student eligibility

(a) To be eligible for a Martin Luther King Physician-Dentist Scholarship (King Scholarship),

a student shall demonstrate that they:

1. Are or has been a legal resident of the State of New Jersey for at least one year

immediately before receiving the scholarship;

2. Is from a disadvantaged background, as demonstrated by the inclusion in at least one of

the following categories:

i. Meets the requirements of N.J.A.C. 9A:11-2.3;

ii. Is a former or current recipient of the New Jersey EOF Article III undergraduate

or graduate grant; or

iii. Is a student who would have been eligible as an undergraduate for a New Jersey

EOF Article III student grant (N.J.A.C. 9A:11-2.3); or

iv. Is a first-generation college student whose immediate family is or was eligible

for government assistance and/or educational programs targeted toward low-income and

disadvantaged populations (TRIO programs, NJ GEAR UP, free and reduced breakfast/lunch

programs, food stamps, or at least one year of Pell grants); and

3. Are or will be a full-time student enrolled for an initial M.D., D.O., or D.M.D. degree at

Rutgers-Robert Wood Johnson Medical School, Rutgers-New Jersey Medical School, Rutgers-

School of Dental Medicine, Cooper Medical School of Rowan University, or Rowan School of

Osteopathic Medicine.

(b) Students shall not receive assistance under the programs administered by the Board if they

owe a refund on a grant or scholarship previously received from a State or Federal program through

any institution or are in default on any loan made under any State or Federal student financial

assistance program at any institution. However, such students may receive State financial

assistance if they make satisfactory repayment arrangements with the appropriate office.

9A:11-8.2 Grant amounts

(a) The maximum and minimum award ranges for a King Scholarship shall be annually

established by the Board but shall not exceed the maximum amount of tuition charged at Rutgers-

Robert Wood Johnson Medical School, Rutgers-New Jersey Medical School, Rutgers-School of

Dental Medicine, Cooper Medical School of Rowan University, or Rowan School of Osteopathic

Medicine.

(b) The amount of each King Scholarship shall be based on the financial need of the student as

determined pursuant to N.J.A.C. 9A:11-3.4(a), (b) and (c).

9A:11-8.3 Rules incorporated by reference

The following provisions of this chapter governing the EOF program shall also apply to grants

made under the King Scholarship unless they are inconsistent with, or otherwise excepted within

the provisions of this subchapter: N.J.A.C. 9A:11-3.2(b), 3.5, 6.1, 6.3, 6.5, 6.6, 6.7 and 6.8.