SENATE BILL 188

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Elizabeth "Liz" Stefanics and Deborah A. Armstrong

AN ACT

RELATING TO HIGHER EDUCATION; ALLOWING CERTAIN STUDENTS WITH DISABILITIES TO RECEIVE LEGISLATIVE LOTTERY TUITION SCHOLARSHIPS.

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

     SECTION 1. Section 21-21N-3 NMSA 1978 (being Laws 2014, Chapter 80, Section 3, as amended) is amended to read:

     "21-21N-3. TUITION SCHOLARSHIPS AUTHORIZED--QUALIFIED STUDENTS.--

          A. To the extent that funds are made available by the legislature from the fund, the boards of regents or governing bodies of public post-secondary educational institutions shall award tuition scholarships in department-approved amounts to qualified students and legacy students attending their respective public post-secondary educational institutions.

          B. Beginning in fiscal year 2015:

                (1) a legacy student is eligible to receive a tuition scholarship until the total number of program semesters for which the legislative lottery scholarship is received pursuant to the former provisions of Sections 21-1-4.3, 21-13-10 and 21-16-10.1 NMSA 1978 or the Legislative Lottery Tuition Scholarship Act reaches eight; provided that the legacy student maintains residency in New Mexico, maintains a grade point average of 2.5 or higher on a 4.0 scale and completes twelve or more credit hours per program semester; and

                (2) a qualified student who is not a legacy student is eligible to receive the tuition scholarship for a maximum of seven program semesters and in an amount determined pursuant to the provisions of Section 21-21N-4 NMSA 1978.

          C. Except as otherwise provided in this section, a tuition scholarship may be awarded to a qualified student who:

                (1) maintains residency in New Mexico;

                (2) maintains a grade point average of 2.5 or higher on a 4.0 scale; and

                (3) completes:

                     (a) for a student attending a four-year public post-secondary educational institution, fifteen or more credit hours per program semester; and

                     (b) for a student attending a two-year public post-secondary educational institution, twelve or more credit hours per program semester.

          D. For students with disabilities who may require accommodations, the department, in consultation with the student and the office at the public post-secondary educational institution that serves students with disabilities, shall review both the definition of "full time" and the maximum number of consecutive program semesters of eligibility and adjust either or both as deemed reasonable and appropriate, based on the student's disability needs. In no case, however, shall "full time" mean fewer than six credit hours per semester, and in no case shall eligibility extend beyond fourteen consecutive program semesters. The definition of "qualified student" notwithstanding, a New Mexico resident who had to leave the state to receive an education pursuant to the federal Individuals with Disabilities Education Act shall be eligible for a tuition scholarship if the student graduated from an accredited high school in another state and otherwise meets the qualifications for a tuition scholarship pursuant to the definition of "qualified student" and this section."

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