New_jersey Statute | Act | Code |Title 18a Education| US Code - US Statute

18A:62-4. Residency requirement 1. Persons who have been resident within this State for a period of 12 months prior to enrollment in a public institution of higher education are presumed to be domiciled in this State for tuition purposes. Persons who have been resident within this State for less than 12 months prior to enrollment are presumed to be nondomiciliaries for tuition purposes. Persons presumed to be nondomiciled or persons who are presumed to be domiciled, but whose domiciliary status is challenged by the institution, may demonstrate domicile according to rules and regulations established for that purpose by the Commission on Higher Education. Residence established solely for the purpose of attending a particular educational institution is not domicile for the purposes of this act. L.1979,c.361,s.1; amended 1994,c.48,s.86. 18A:62-4.1. Resident tuition for military personnel United States military personnel and their dependents who are living in New Jersey and are attending public institutions of higher education in New Jersey shall be regarded as residents of the State for the purpose of determining tuition. L. 1985, c. 231, s. 1, eff. July 11, 1985. 18A:62-4.2. Options for student at public institution of higher education unable to complete course due to military service 1. a. A student at a New Jersey public institution of higher education who is unable to complete a course because the student is called to partial or full mobilization for State or federal active duty as a member of the National Guard or a Reserve component of the Armed Forces of the United States shall be entitled to the options set forth in this section with respect to the student@s grade for the course. b. A student who has completed at least eight weeks of attendance in a course may choose to: (1) receive a letter grade; or (2) receive a grade of pass or fail; or (3) receive a grade of incomplete; or (4) withdraw from the course. c. A student who has completed less than eight weeks of attendance in a course may choose to: (1) receive a grade of incomplete; or (2) withdraw from the course. d. A letter grade or a grade of pass shall only be awarded if, in the opinion of the faculty member teaching the course, the student has completed sufficient work, and there is sufficient evidence of progress toward meeting the requirements of the course, to justify the grade. e. A grade of incomplete shall remain valid for a period of one year after the student returns to the New Jersey public institution of higher education. f. A student who chooses to accept a grade of pass or fail may, within one year after returning to the New Jersey public institution of higher education, receive a letter grade for the course by completing the work required for the course, in which case the letter grade shall replace the pass or fail grade as the student@s grade for the course. g. A student who chooses to withdraw from a course shall receive a full refund of tuition and fees attributable to that course. h. A student who has paid amounts for room, board or fees shall, except as provided in subsection g. of this section, receive a refund of that portion of those amounts attributable to the time period during which the student did not use the services for which payment was made. i. Any refund payable to a student who is a financial aid recipient shall be subject to the applicable State and federal regulations regarding refunds. L.1997,c.377,s.1. 18A:62-4.3 Student at public institution of higher education, re-enrollment right, refund of fees if called to active duty for certain military operations. 1. A student who is a member of the New Jersey National Guard or of the Reserve component of the Armed Forces of the United States and who is unable to complete a course at a New Jersey public institution of higher education because the student is called to active duty as a consequence of Operation Noble Eagle, Operation Enduring Freedom, or Operation Iraqi Freedom shall be entitled to re-enroll in the course upon the completion of military service or to receive a refund of any tuition and fees paid for that course. A student who has paid room, board, or other fees to the institution shall also be entitled to a refund of the portion of those charges attributable to the time period in which the facilities or services were not used by the student. New Jersey independent institutions of higher education are encouraged to provide the same re-enrollment right and refunds for their students who are members of the New Jersey National Guard or of the Reserve component of the Armed Forces of the United States and who are called to active duty as a consequence of Operation Noble Eagle, Operation Enduring Freedom, or Operation Iraqi Freedom. L.2005,c.33,s.1.

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