New Jersey Administrative Code
Title 9A - HIGHER EDUCATION
Chapter 11 - EDUCATIONAL OPPORTUNITY FUND: ADMINISTRATIVE PROCEDURES AND POLICIES
Subchapter 6 - OPERATIONAL PROCEDURES FOR ACADEMIC YEAR AND SUMMER ARTICLE III STUDENT GRANTS AND ARTICLE IV PROGRAM SUPPORT SERVICES FUNDS
Section 9A:11-6.9 - Institutional commitment

Universal Citation: NJ Admin Code 9A:11-6.9

Current through Register Vol. 56, No. 6, March 18, 2024

(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.

(c) Participating institutions shall provide a broad range of support services to students enrolled 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 EOF Board within 30 days of receipt of the waiver appeal.

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