The Superior Court of New Jersey, Appellate Division issued a decision in A.Z. v. Higher Education Student Assistance Authority, 427 N.J. Super. 389 (App. Div. 2012), that may affect some students eligibility for State financial aid.  In that case, A.Z., a United States citizen and dependent student who resides in New Jersey, was determined ineligible for a Tuition Aid Grant (TAG) award pursuant to N.J.A.C. 9A:9-2.2(a)(1) based solely on the fact that her custodial parent was determined not to be a legal resident of New Jersey.  The court found that, in light of the underlying statutory framework of N.J.S.A. 18A:71B-1 et seq., HESAA’s long-standing regulation that presumes that a dependent student is a legal resident of the state in which his or her parent(s) is domiciled should allow for an opportunity to rebut the presumption.

In light of that decision, students previously denied due to parental residency are being afforded an opportunity to submit for HESAA’s consideration evidence establishing that they reside in New Jersey, as defined by N.J.S.A. 18A:71B-2(b) and N.J.A.C. 9A:2.2(a), notwithstanding the residency of their parent(s).  Such evidence may include, but is not limited to:

(1) Proof of graduation from a New Jersey high school;
(2) A copy of your New Jersey resident income tax return;
(3) A copy of your New Jersey driver license;
(4) Evidence of home ownership or a long-term lease in New Jersey; and/or
(5) Such documentation as may be deemed necessary by HESAA upon specific review of your application.

Any questions may be directed to HESAA’s Office of Grants & Scholarships at (609) 588-3268. Students wishing to file an appeal may fax their appeal to (609) 588-2228.