SENATE BILL 943
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Cynthia Nava
FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE
AN ACT
RELATING TO EDUCATION; PROVIDING FOR DUAL CREDITS TOWARD HIGH SCHOOL GRADUATION AND A POST-SECONDARY DEGREE OR CERTIFICATE; SPECIFYING REQUIREMENTS AND CONDITIONS; PROVIDING FOR DATA COLLECTION AND EVALUATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. [NEW MATERIAL] DUAL CREDIT FOR HIGH SCHOOL AND POST-SECONDARY CLASSES.--
A. As used in this section, "dual credit program" means a program that allows high school students to enroll in college-level courses offered by a public post-secondary educational institution that may be academic or career-technical but not remedial or developmental, and simultaneously to earn credit toward high school graduation and a post-secondary degree or certificate.
B. To be eligible to participate in a dual credit program, the student shall:
(1) be enrolled in a regular public school or charter school in one-half or more of the minimum course requirements approved by the public education department for public school students; and
(2) obtain permission from a school counselor, the school principal or head administrator of a charter school prior to enrolling in a dual credit course.
C. The school district or charter school that the student attends shall pay the cost of the required textbooks and other course supplies for the post-secondary course the student is enrolled in through purchase arrangements with the bookstore at the public post-secondary educational institution or other cost-efficient methods. The student shall return the textbooks and unused course supplies to the school district when the student completes the course or withdraws from the course.
D. A public post-secondary educational institution that participates in a dual credit program shall waive all general fees for dual credit courses.
E. The higher education department shall revise procedures in the higher education funding formula to address enrollments in dual credit courses and to encourage institutions to waive tuition for high school students taking those courses.
F. The higher education department and the public education department shall adopt and promulgate rules to implement a dual credit program that specify:
(1) post-secondary courses that are eligible for dual credit;
(2) conditions that apply, including:
(a) the required academic standing and conduct of students enrolled in dual credit courses;
(b) the semesters in which dual credit courses may be taken;
(c) the nature of high school credit earned;
(d) any caps on the number of courses, location of courses and provision of transcripts; and
(e) an appeals process for a student who is denied permission to enroll in a dual credit course;
(3) accommodations or other arrangements applicable to special education students;
(4) the contents of the uniform master agreement, developed in collaboration with school districts, charter schools and the public post-secondary educational institutions, that govern the roles, responsibilities and liabilities of the school district or charter school, the institution and the student and the student's family;
(5) provisions for expanding dual credit opportunities through distance learning and other methods;
(6) the means by which public high schools are required to inform students and parents about opportunities to participate in dual credit programs during student advisement, academic support and formulation of annual next step plans, as well as other methods; and
(7) provisions for collecting and disseminating annual data, including:
(a) the number of students taking dual credit courses;
(b) the participating school districts, charter schools and public post-secondary educational institutions;
(c) the courses taken and grades earned;
(d) the high school graduation rates for participating school districts and charter schools;
(e) the public post-secondary educational institutions that participating students ultimately attend; and
(f) the cost of providing dual credit courses.
G. The higher education department and the public education department shall evaluate dual credit programs in terms of their accessibility to students statewide and their effect on student achievement in secondary education, on student enrollment and completion of higher education and on school districts and public post-secondary educational institutions. The departments shall make an annual report, including recommendations, to the governor and the legislature.
Section 2. Section 21-13-19 NMSA 1978 (being Laws 1968, Chapter 70, Section 2, as amended) is amended to read:
"21-13-19. ENROLLMENT DEFINED--PAYMENTS.--
A. For those students in community colleges taking college-level courses, full-time-equivalent students shall be defined and computed by the [commission on] higher education department in the same manner in which it defines and computes full-time-equivalent students for all other college-level programs within its jurisdiction.
B. No student shall be included in any calculations made under the provisions of this section if the student is enrolled in a course the cost of which is totally reimbursed from federal, state or private sources. [The public school district shall transfer to the community college the tuition and fees for any student who, during the term, is counted in the membership of the public school district and will receive high school credit for coursework at the community college.]
C. The [commission on] higher education department shall not recommend an appropriation greater than three hundred
twenty-five dollars ($325) for each full-time-equivalent student for any community college that levies a tax at a rate less than two dollars ($2.00), unless a lower amount is required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978 upon a rate of at least two dollars ($2.00) on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code, or any community college that reduces a previously authorized tax levy, except as required by the operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978.
D. The [commission on] higher education department shall require from the community college such reports as the [commission] department deems necessary for the purpose of determining the number of full-time-equivalent students at the community college eligible to receive support under this section.
E. A community college board shall establish tuition and fee rates for its respective institutions for full-time, part-time, resident and nonresident students, as defined by the [commission on] higher education department.
F. A community college board may establish and grant gratis scholarships to students who are residents of New Mexico in an amount not to exceed the matriculation fee or tuition and fees, or both. The gratis scholarships are in addition to the lottery tuition scholarships authorized in Section 21-13-10 NMSA 1978 and shall be granted to the full extent of available funds before lottery tuition scholarships are granted. The number of scholarships established and granted pursuant to this subsection shall not exceed three percent of the preceding fall semester enrollment in each institution and shall not be established and granted for summer sessions. The president of each institution shall select and recommend to the community college board of [his] the president's institution, as recipients of scholarships, students who possess good moral character and satisfactory initiative, scholastic standing and personality. At least thirty-three and one-third percent of the gratis scholarships established and granted by each community college board each year shall be granted on the basis of financial need."
Section 3. Section 21-14-1 NMSA 1978 (being Laws 1957, Chapter 143, Section 1, as amended) is amended to read:
"21-14-1. BRANCH COMMUNITY COLLEGE EDUCATIONAL PROGRAM AND ENROLLMENT DEFINED.--
A. "Branch community college educational program", for the purposes of Chapter 21, Article 14 NMSA 1978, includes either the first two years of college education or organized vocational and technical curricula of not more than two years' duration designed to fit individuals for employment in recognized occupations, or both.
B. The calculation of full-time-equivalent student population for the purposes of Chapter 21, Article 14 NMSA 1978 shall include students enrolled in college-level courses and students enrolled in vocational and technical courses taught by a branch community college that is recognized by the instructional support and vocational education division of the public education department as an area vocational school or in courses that are approved by the [state board of] secretary of public education. Students enrolled in a course the cost of which is totally reimbursed from federal, state or private sources shall not be included in the calculation of full-time-equivalent student population. [The public school district shall transfer to the branch community college the tuition and fees for any student who, during the term, is counted in the membership of the public school district and will receive high school credit for coursework at the branch community college.]"
Section 4. Section 21-14A-2 NMSA 1978 (being Laws 1982, Chapter 42, Section 2, as amended) is amended to read:
"21-14A-2. DEFINITIONS.--As used in the Off-Campus Instruction Act:
A. "off-campus instruction program" means either the first two years of college education or organized vocational and technical curricula of not more than two years' duration designed to fit individuals for employment in recognized occupations, or both; and
B. "full-time-equivalent student" includes students enrolled in college-level courses and students enrolled in vocational and technical courses taught by an off-campus instruction program. Students enrolled in a course the cost of which is totally reimbursed from federal, state or private sources shall not be included in the calculation of full-time-equivalent student population. [The public school district shall transfer to the parent institution the tuition and fees for any student who, during the term, is counted in the membership of the public school district and will receive high school credit for coursework at the off-campus site.]"
Section 5. Section 21-16-10 NMSA 1978 (being Laws 1968, Chapter 59, Section 3, as amended) is amended to read:
"21-16-10. APPROPRIATION--DISTRIBUTION.--
A. The [commission on] higher education department shall recommend an appropriation for each technical and vocational institute based upon its financial requirements in relation to its authorized program and its available funds from
non-general fund sources; provided, the recommended appropriation shall be an amount not less than three hundred twenty-five dollars ($325) for each full-time-equivalent student.
B. The [commission on] higher education department shall by rule provide for the method for calculating the number of full-time-equivalent students in technical and vocational institutes. No student shall be included in any calculation of the number of full-time-equivalent students if the student is enrolled in a course, the cost of which is totally reimbursed from federal, state or private sources. [The public school district shall transfer to the technical and vocational institute the tuition and fees for any student who, during the term, is counted in the membership of the public school district and will receive high school credit for coursework at the technical and vocational institute.]
C. The [commission on] higher education department shall not recommend an appropriation greater than three hundred
twenty-five dollars ($325) for each full-time-equivalent student for any technical and vocational institute that levies a tax at a rate less than two dollars ($2.00), unless a lower amount is required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978 upon a rate approved by the electors of at least two dollars ($2.00) on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code, or any technical and vocational institute that reduces a previously authorized tax levy, except as required by the operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978.
D. The board may establish and grant gratis scholarships to students who are residents of New Mexico in an amount not to exceed the matriculation fee or tuition and fees, or both. The gratis scholarships are in addition to the lottery tuition scholarships authorized in Section 21-16-10.1 NMSA 1978 and shall be granted to the full extent of available funds before lottery tuition scholarships are granted. The number of scholarships established and granted pursuant to this subsection shall not exceed three percent of the preceding fall semester enrollment in the technical and vocational institute and shall not be established and granted for summer sessions. The president of the technical and vocational institute shall select and recommend to the board as recipients of scholarships students who possess good moral character and satisfactory initiative, scholastic standing and personality. At least thirty-three and one-third percent of the gratis scholarships established and granted by the board each year shall be granted on the basis of financial need."
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