SENATE BILL 446

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

John M. Sapien

AN ACT

RELATING TO HIGHER EDUCATION; CREATING THE INTERSTATE DISTANCE EDUCATION ACT; AUTHORIZING THE HIGHER EDUCATION DEPARTMENT TO CONDUCT THE INTERSTATE DISTANCE EDUCATION PROGRAM; EXEMPTING FROM THE OUT-OF-STATE PROPRIETARY SCHOOL ACT COURSES PROVIDED UNDER THE INTERSTATE DISTANCE EDUCATION ACT; MAKING A TECHNICAL CORRECTION IN SECTION 21-1-26.1 NMSA 1978 (BEING LAWS 1980, CHAPTER 145, SECTION 2, AS AMENDED).

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 21 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--Sections 1 through 6 of this act may be cited as the "Interstate Distance Education Act"."

     SECTION 2. A new section of Chapter 21 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Interstate Distance Education Act:

          A. "accreditation" means the status of public recognition that an accrediting agency recognized by the United States department of education pursuant to Title 4 of the federal Higher Education Act of 1965 grants to an institution or educational program that meets the department's established requirements;

          B. "complaint" means a formal written assertion that a provision of an agreement pursuant to Subsection B of Section 3 of the Interstate Distance Education Act is being or has been violated;

          C. "department" means the higher education department;

          D. "distance education" means instruction offered online or through correspondence or interactive video or other means enabling a student in one state to receive instruction from a higher education provider in another state;

          E. "higher education" means education or training beyond secondary education;

          F. "operate" means providing instruction, marketing, recruiting, tutoring, field experiences and other services for students in support of offering distance education;

          G. "physical presence" means the ongoing occupation of a physical location in the state for, or the ongoing maintenance of an administrative office to support, the provision of higher education instruction;

          H. "post-secondary educational institution" includes public post-secondary educational institutions and private post-secondary educational institutions;

          I. "private post-secondary educational institution" means an educational institution that:

                (1) operates in the state under the provisions of the Post-Secondary Educational Institution Act;

                (2) has a physical presence in the state; and

                (3) is not a public post-secondary educational institution;

          J. "public post-secondary educational institution" means:

                (1) a branch community college of a state educational institution established pursuant to Chapter 21, Article 13 NMSA 1978;

                (2) a community college or technical and vocational institute established pursuant to Chapter 21, Article 16 NMSA 1978; and

                (3) eastern New Mexico university, western New Mexico university, New Mexico highlands university, northern New Mexico college, the university of New Mexico, New Mexico state university or the New Mexico institute of mining and technology; and

          K. "state authorization reciprocity agreement" means an agreement, developed by the national council for state authorization reciprocity agreements, that provides uniform standards and parameters for the interstate provision of post-secondary distance education courses and programs."

      SECTION 3. A new section of Chapter 21 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] INTERSTATE DISTANCE EDUCATION PROGRAM--AGREEMENT.--

          A. The department shall establish a program for facilitating:

                (1) the receipt of distance education by students in the state; and

                (2) the provision of distance education by participating post-secondary educational institutions to students in other states.

          B. In furtherance of the provisions of Subsection A of this section, the department may enter into:

                (1) an agreement for the western interstate commission for higher education to administer and the state to participate in a state authorization reciprocity agreement; or

                (2) a reciprocal agreement with another state for the:

                     (a) receipt by students in the state of distance education from the other state's institutions that provide higher education instruction and are approved for participation in the reciprocal agreement by the appropriate agency of the other state; and

                     (b) provision of distance education by participating post-secondary educational institutions to students in the other state.

          C. The department may terminate an agreement entered into pursuant to Subsection B of this section pursuant to the provisions of that agreement or department rule."  

     SECTION 4. A new section of Chapter 21 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] PROGRAM PARTICIPATION BY POST-SECONDARY EDUCATIONAL INSTITUTIONS--QUALIFICATIONS.--

          A. The department shall provide an application form to allow post-secondary educational institutions to apply to participate in the interstate distance education program.

          B. The department shall establish qualifications that an applicant shall demonstrate for acceptance as a participating post-secondary educational institution. At a minimum, the department shall require an applicant to provide documentation showing:

                (1) compliance with the interregional guidelines for the evaluation of distance education programs adopted by the council of regional accrediting commissions;

                (2) current accreditation; and

                (3) for private post-secondary educational institutions, a financial responsibility composite score of one and five-tenths or greater as assigned by the United States department of education in its most recent fiscal year report.

          C. An applicant accepted for participation in the interstate distance education program shall enter into a participation agreement with the department."

     SECTION 5. A new section of Chapter 21 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] MONITORING--COMPLAINT RESOLUTION--SANCTIONS.--

          A. The department shall regularly monitor the compliance of participating post-secondary educational institutions with the Interstate Distance Education Act.

          B. Upon the receipt of a complaint about a participating post-secondary educational institution, the department shall timely:

                (1) monitor the resolution process and resolution by the post-secondary educational institution and document the resolution; or

                (2) investigate the complaint, conduct or coordinate a resolution process appropriate for responding to the complaint and document the resolution.

          C. The department may sanction a participating post-secondary educational institution that:

                (1) fails to resolve a complaint or comply with the department's efforts to respond to a complaint pursuant to Subsection B of this section; or

                (2) violates a provision of the Interstate Distance Education Act or an agreement pursuant to Section 3 of that act.

          D. Sanctions the department may impose include:                 (1) requiring the payment of fees, fine or other monetary remedies; or

                (2) the termination or nonrenewal of the participation agreement entered into pursuant to Subsection C of Section 4 of the Interstate Distance Education Act."

     SECTION 6. A new section of Chapter 21 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] RULES--REPORTING.--

          A. The department shall publish rules for conducting the interstate distance education program.

          B. By July 31, 2016 and each subsequent year, the department shall report to the legislative finance committee and the legislative education study committee on the interstate distance education program."

     SECTION 7. Section 21-1-26.1 NMSA 1978 (being Laws 1980, Chapter 145, Section 2, as amended) is amended to read:

     "21-1-26.1. ADDITIONAL DUTIES.--In addition to the duties imposed upon the higher education department [by the Post-Secondary Educational Planning Act] in Chapter 21 NMSA 1978, the department shall perform the same planning and budgeting functions for the university of New Mexico hospital as it performs for other post-secondary educational institutions."

     SECTION 8. Section 21-24-3 NMSA 1978 (being Laws 1971, Chapter 304, Section 3, as amended) is amended to read:

     "21-24-3. EXCEPTIONS.--The Out-of-State Proprietary School Act does not apply to:

          A. courses recognized by the [state board of] public education department for the purpose of complying with the Compulsory School Attendance Law;

          B. courses offered by an employer solely for [his] the employer's employees; [and]

          C. courses offered by a nonprofit religious institution relating primarily to religion; and

          D. courses offered under a participation agreement pursuant to the provisions of Subsection C of Section 4 of the Interstate Distance Education Act."

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