N.J. Admin. Code § 9A:9-2.6

Current through Register Vol. 56, No. 8, April 15, 2024

Section 9A:9-2.6 - Dependent/independent student defined

(a) The term independent, when used with respect to a student, is defined annually by the United States Department of Education in the Federal Student Aid Handbook published at http://fsapartners.ed.gov/knowledge-center/fsa-handbook/pdf/2021-2022. The definition is set forth in Chapter 2 of the Application and Verification Guide, contained in the 2021-2022 Federal Student Aid Handbook, which is incorporated herein by reference, as amended and supplemented.

(b) For purposes of State student financial aid programs, an independent student does not include students who are emancipated minors, were emancipated minors upon reaching the age of majority in the state in which the student resided at that time, or are either currently, or when they were a minor were, in a guardianship status in which a parent retained legal parental rights or is, or were, obligated to pay child support.

(c) The term independent also includes a student for whom a financial aid administrator makes a documented determination of independence by reason of other unusual circumstances as provided under Title IV of the Higher Education Act of 1965, as amended, 20 U.S.C. § 1087vv, and its implementing regulations and rules. For purposes of receiving State financial assistance as an independent student due to unusual circumstances, the following conditions apply:

1. Determinations of independence must satisfy all applicable Federal standards set forth under Title IV of the Higher Education Act of 1965, as amended, and its implementing regulations and rules;

2. Individual determinations of independent student status for State student aid programs shall be made in a manner consistent with the institutional policies regarding the awarding of all need-based financial aid, including Federal and State aid;

3. Individual determinations of independent student status shall not be made on the basis of any of the following:

i. The parent(s) refusing to contribute to the student's education;

ii. The parent(s) being unwilling to provide information on the financial aid application or for verification;

iii. The parent(s) not claiming the student as a dependent for income tax purposes;

iv. The student demonstrating self-sufficiency; or

v. The student not living with the parent(s); and

4. The institution shall share with the Higher Education Student Assistance Authority 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.

(d) A dependent student shall be any student who does not meet any of the eligibility criteria listed in (a) or (c) above for independent student status.

(e) The Higher Education Student Assistance Authority shall have final decision-making authority to determine dependency status for any student whose dependency status is in question.

N.J. Admin. Code § 9A:9-2.6

Amended by 46 N.J.R. 2354(a), effective 12/1/2014

Amended by 54 N.J.R. 1077(a), effective 6/6/2022