Death & Survivor Benefits

New Jersey Free Tuition for Children of POWs and MIAs

Free undergraduate tuition at any New Jersey public or private college for a child of a service member from New Jersey declared a prisoner of war or missing in action after January 1, 1960. Eligibility, once established, is not lost if the parent returns.

Also called: N.J.S.A. 38A:22-3, POW/MIA Tuition Benefit Program, prisoner of war, missing in action, DD 1300, P.L.2025, c.139.

For: Child.

Where it applies

Written for the jurisdictions listed here.

N.J.S.A. 38A:22-3 lets any dependent of a prisoner of war or person missing in action, once accepted into an undergraduate course at any private or public New Jersey institution, obtain a bachelor's degree or certificate "free of tuition". The parent must have been a New Jersey resident on entering the Armed Forces, or have New Jersey as his or her official residence, and have been declared a prisoner of war or missing in action by the Secretary of Defense after January 1, 1960. A dependent is a child born or adopted before, during or after the captivity or missing status. Once a child qualifies, "there shall be no situation such as the return of the parent or the reported death of the parent that will terminate the eligibility". The section was re-enacted in the new chapter 22 of Title 38A by P.L.2025, c.139 without change in substance. Apply to the Veterans Benefits Bureau with the DD 1300 or other casualty report.

Thresholds

Thresholds for New Jersey Free Tuition for Children of POWs and MIAs
GateRule
Parent declared POW or MIA after January 1, 1960, and a New Jersey resident at entryN.J.S.A. 38A:22-3(b).

Sources

Legislation

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P.L.2025, c.139 (S4376 1R) Split a cabinet-level Department of Veterans Affairs from the Department of Military and Veterans' Affairs and re-enacted the veterans' statutes in Title 38A

Needs reviewEnactedProgram createdScope changed

Signed Takes effect

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the governor Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Established the Department of Veterans Affairs under a commissioner who must be an honorably discharged veteran (N.J.S.A. 38A:21-1 et seq.), moved the memorial homes, the Doyle cemetery, the blind and paraplegic allowances, veterans' tuition programs and veteran-status determinations for civil service and pensions to it, re-enacted the veterans' facility and tuition sections in chapters 22 and 23 of Title 38A, and repealed the chapter 3 sections they replaced. Effective 120 days after approval, January 9, 2026. The act defines a veteran for its own purposes as anyone with 90 days of service, with no discharge test. Flagged because downstream documents still cite the old structure: the memorial homes rule, N.J.A.C. 5A:5, names repealed sections 38A:3-6.4 to 38A:3-6.12 as its authority, and the Vietnam-era tuition sections were re-enacted with application windows that closed decades ago while the department's January 2026 guide still advertises one of them.

Sponsors

  • Joseph F. VitaleSenate, District 19
  • Joseph P. CryanSenate, District 20

And 3 more sponsors and 13 co-sponsors

Touches N.J.S.A. 38A:21-1 · N.J.S.A. 38A:21-3 · N.J.S.A. 38A:21-12 · N.J.S.A. 38A:22-4 · N.J.S.A. 38A:22-5 · N.J.S.A. 38A:23-3

Official record

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.