0001| HOUSE BILL 36 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| DANICE PICRAUX | 0005| | 0006| | 0007| | 0008| FOR THE EXCELLENCE IN HIGHER EDUCATION COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO EDUCATION; PROVIDING FOR PERFORMANCE REVIEW AND | 0012| ACCOUNTABILITY OF POST-SECONDARY EDUCATIONAL INSTITUTIONS; | 0013| PROVIDING FOR JOINT PLANNING BETWEEN THE COMMISSION ON HIGHER | 0014| EDUCATION AND THE STATE BOARD OF EDUCATION; AMENDING, | 0015| REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING | 0016| APPROPRIATIONS. | 0017| | 0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0019| Section 1. Section 21-1-26 NMSA 1978 (being Laws 1951, | 0020| Chapter 190, Section 1, as amended) is amended to read: | 0021| "21-1-26. COMMISSION ON HIGHER EDUCATION CREATED-- | 0022| POWERS.-- | 0023| A. There is created a "commission on higher | 0024| education" whose function is |to provide for a coordinated | 0025| system of post-secondary education and| to deal with the | - 1 - 0001| problems of finance of those educational institutions | 0002| designated in Article 12, Section 11 of the constitution of | 0003| New Mexico |and other post-secondary educational institutions | 0004| created by law|. The commission shall: | 0005| |(1) conduct a cooperative program of | 0006| statewide planning and evaluation of: | 0007| (a) the needs for post-secondary | 0008| education; | 0009| (b) the resources of the post-secondary | 0010| educational institutions to meet those needs; | 0011| (c) the performance of the institutions | 0012| in meeting those needs consistent with their respective | 0013| missions; | 0014| (d) the use of information technologies | 0015| to enhance quality and effectiveness in delivering post- | 0016| secondary educational services; and | 0017| (e) the opportunities to improve access, | 0018| quality and effectiveness by expanding, reducing, improving, | 0019| creating or eliminating programs or institutions in accordance | 0020| with all legal obligations to enrolled students; | 0021| | ~[(1)]~ |(2)| be concerned with the adequate | 0022| financing of these institutions and with the equitable | 0023| distribution of available funds among them, |considering the | 0024| educational needs of the state and the missions of the | 0025| respective institutions|; | - 2 - 0001| ~[(2) be authorized to receive funding for | 0002| the in-plant development training program and to administer | 0003| the funds in accordance with the provisions of Section 21-19-7 | 0004| NMSA 1978;]~ | 0005| (3) receive, adjust and approve the budgets | 0006| submitted by these institutions prior to the submission of | 0007| these budgets to the state budget division of the department | 0008| of finance and administration; | 0009| (4) develop and maintain programs, on a | 0010| regular basis, for the orientation and in-service education of | 0011| members of the boards of regents |and governing boards| of the | 0012| various educational institutions ~[designated in Article 12, | 0013| Section 11 of the constitution of New Mexico]~, |including | 0014| assistance to the institutions in how to conduct periodic | 0015| review of their institutions' missions and the consistency of | 0016| educational programs with their missions|; and | 0017| (5) exercise such other powers as may be | 0018| granted it by law. | 0019| B. Notwithstanding any other provisions of law, | 0020| the commission on higher education, which is a commission | 0021| broadly representative of the public and of ~[institutions of | 0022| higher education]~ |post-secondary educational institutions|, | 0023| may be designated by the governor to administer |certain| | 0024| funds furnished under acts of congress for ~[those]~ |post- | 0025| secondary| educational institutions ~[enumerated in Article | - 3 - 0001| 12, Section 11 of the constitution of New Mexico and for any | 0002| other educational institutions over which the commission has | 0003| been granted approval authority or supervisory powers or | 0004| both]~. | 0005| C. The commission on higher education is also | 0006| charged with oversight of all private post-secondary | 0007| educational institutions operating within the state." | 0008| Section 2. Section 21-2-5 NMSA 1978 (being Laws 1973, | 0009| Chapter 233, Section 5) is amended to read: | 0010| "21-2-5. STATEWIDE PLANNING.--The state commission shall | 0011| carry out a continuing program of statewide planning for post- | 0012| secondary education |in consultation with post-secondary | 0013| educational institutions|. Planning activities shall include: | 0014| A. assessment of present and projected needs for | 0015| the various types of post-secondary education in all parts of | 0016| the state; | 0017| B. assessment of existing capabilities and | 0018| facilities for the provision of the various types of post- | 0019| secondary education and the ~[utilization]~ |use| of these | 0020| capabilities and facilities; | 0021| ~[C. analysis of the effectiveness and | 0022| productivity of post-secondary educational programs and an | 0023| identification of marginal programs and of unnecessary or | 0024| excessive duplication of programs;]~ | 0025| |C. development and publication of recommended | - 4 - 0001| criteria for the analysis of the effectiveness and | 0002| productivity of post-secondary educational programs and use of | 0003| the criteria to identify potentially marginal, unnecessary or | 0004| excessively duplicative programs;| | 0005| |D. periodic review of degree programs for their | 0006| productivity and effectiveness in relationship to their | 0007| institutions' overall performance; | 0008| | ~[D.]~ |E|. analysis of the most effective means | 0009| of ~[utilizing]~ |using| all existing institutions and | 0010| programs to meet the present and projected needs for the | 0011| various types of post-secondary education; | 0012| ~[E.]~ |F|. identification of cases where | 0013| expansion or improvement of existing institutions and | 0014| programs, contraction or elimination of existing institutions | 0015| and programs and establishment of new institutions and | 0016| programs are needed in order to meet the present and projected | 0017| needs for post-secondary education on a statewide basis in an | 0018| effective and efficient manner; | 0019| ~[F.]~ |G|. identification of steps required to | 0020| coordinate the activities of the various institutions and | 0021| programs of post-secondary education in order that they will | 0022| be most effective and efficient in meeting the statewide | 0023| needs; | 0024| ~[G.]~ |H|. development of strategies for infusing | 0025| occupational education and career education into the | - 5 - 0001| educational system at all levels on an equal basis with | 0002| traditional academic education; | 0003| ~[H.]~ |I|. development of logical, consistent and | 0004| equitable organizational and fiscal provisions for the | 0005| operation of post-secondary education and for the effective | 0006| ~[utilization]~ |use| of federal, state and local funding | 0007| available for ~[such]~ |post-secondary| education; | 0008| ~[I.]~ |J|. the making of specific recommendations | 0009| to the cognizant governing authorities of post-secondary | 0010| educational institutions and programs as to the steps | 0011| necessary to adjust the operations of the particular | 0012| institution or program in order that ~[they]~ |it| will best | 0013| serve a coordinated statewide system of post-secondary | 0014| education meeting the statewide needs for post-secondary | 0015| education; | 0016| ~[J.]~ |K|. the making of recommendations to | 0017| appropriate state executive agencies and to the legislature | 0018| regarding the legislation and the administrative actions | 0019| necessary to implement a coordinated statewide system of post- | 0020| secondary education; | 0021| ~[K.]~ |L|. the making of recommendations to the | 0022| executive and to the legislature ~[which]~ |that| provide | 0023| consistent standards for determining the necessary | 0024| appropriation from the state general fund to implement the | 0025| planned system of post-secondary education. ~[Such]~ |These | - 6 - 0001| |standards shall pertain to ~[but not necessarily be limited | 0002| to]~: | 0003| (1) all income to the institution or to ~[any | 0004| connected]~ |a| corporation |connected| to the institution | 0005| from any source whatsoever, except that gifts, donations, | 0006| private endowments or other gratuities received by an | 0007| institution shall not be used in any manner as a substitute | 0008| for public funds; | 0009| (2) all balances, whether fund balances or | 0010| cash balances, and the operational need for ~[such]~ |the| | 0011| balances; | 0012| (3) the consistent application of overhead | 0013| income among institutions; | 0014| (4) full-time equivalent ~[(FTE)]~ student | 0015| costs by level of instruction and subject area; | 0016| (5) an equitable distribution of funds to | 0017| support research |and public service|; | 0018| (6) expenditures and revenues necessary for | 0019| operation of each auxiliary enterprise; | 0020| (7) the translation of institutional internal | 0021| accounts to the ~[board of educational finance]~ |commission | 0022| on higher education| budget forms; | 0023| (8) funding of intercollegiate athletics; and | 0024| (9) funding of institutional branches and | 0025| other state vocational facilities; and | - 7 - 0001| ~[L.]~ |M|. tuition equalization grants to | 0002| students." | 0003| Section 3. Section 21-2-6 NMSA 1978 (being Laws 1978, | 0004| Chapter 54, Section 1, as amended) is amended to read: | 0005| "21-2-6. STATEWIDE PLANNING--PARTICIPATING AGENCIES AND | 0006| PERSONS.-- | 0007| A. The state commission in carrying out its | 0008| planning activities for post-secondary education shall consult | 0009| with and invite the active participation of: | 0010| (1) representatives of post-secondary | 0011| educational institutions of the several types enumerated in | 0012| Paragraph (2) of Subsection A of Section 21-2-2 NMSA 1978; | 0013| (2) the state board of education; | 0014| (3) the state department of public education; | 0015| (4) representatives of public and private | 0016| elementary and secondary schools; | 0017| (5) the secretary of labor; | 0018| (6) the tourism department; | 0019| (7) the apprenticeship council; | 0020| (8) the economic development department; | 0021| ~[(9) the state advisory council on | 0022| vocational education | 0023| (10)]~ |(9)| the secretary of finance and | 0024| administration or his designee; | 0025| ~[(11)]~ |(10)| persons familiar with the | - 8 - 0001| ~[education]~ |educational| needs of the disadvantaged, of the | 0002| handicapped and of minority groups; | 0003| ~[(12)]~ |(11)| representatives of business, | 0004| industry, organized labor and agriculture; | 0005| ~[(13)]~ |(12)| the general public; and | 0006| ~[(14)]~ |(13)| private in-state post- | 0007| secondary institutions. | 0008| B. Whenever the planning activities carried out | 0009| under the provisions of Section 21-2-5 NMSA 1978 are concerned | 0010| with the types of post-secondary education enumerated in | 0011| Subparagraphs (a) through (e) of Paragraph (1) of Subsection A | 0012| of Section 21-2-2 NMSA 1978, the state commission shall | 0013| directly involve the state board of education ~[and]~, the | 0014| state department of public education |and other interested | 0015| parties| in all planning activities. |The commission and the | 0016| state board of education shall jointly plan and implement | 0017| improvements in secondary education to facilitate a successful | 0018| transition by students from secondary school to post-secondary | 0019| education and in the pre-service and in-service education of | 0020| public school teachers.|" | 0021| Section 4. [|NEW MATERIAL|] ACCOUNTABILITY REPORT.-- | 0022| A. In order to foster the preservation, | 0023| transmittal and advancement of knowledge by the state's post- | 0024| secondary educational institutions, the commission on higher | 0025| education shall cooperate with the post-secondary educational | - 9 - 0001| institutions and publish an accountability report. The | 0002| purposes of the report are to: | 0003| (1) provide information to potential students | 0004| and citizens on the nature and performance of individual | 0005| institutions and the state's system of post-secondary | 0006| education; | 0007| (2) foster effective use of state resources | 0008| for post-secondary education; and | 0009| (3) ensure that post-secondary educational | 0010| institutions evaluate and account for their performances. | 0011| B. The commission shall submit the accountability | 0012| report to the governor and to the legislature by December 31 | 0013| of each even-numbered year. A draft of the report shall be | 0014| distributed for review and comment to each public post- | 0015| secondary educational institution prior to submission to the | 0016| governor and the legislature. | 0017| C. The commission shall determine the content and | 0018| format of the accountability report in consultation with the | 0019| post-secondary educational institutions. The report shall | 0020| include the analyses of the following: | 0021| (1) the preparedness of high school students | 0022| for post-secondary education; | 0023| (2) the transition of secondary education | 0024| students to post-secondary education and two-year post- | 0025| secondary students to four-year post-secondary educational | - 10 - 0001| institutions; | 0002| (3) the retention of students; | 0003| (4) rates of completing programs or other | 0004| measures of attainment of the students' educational goals; | 0005| (5) summaries and explanations of performance | 0006| and effectiveness measures and cost of post-secondary | 0007| education; | 0008| (6) measures of participation and success of | 0009| students historically underrepresented in or having special | 0010| needs in post-secondary education; and | 0011| (7) any other appropriate measures. | 0012| D. The commission shall not make recommendations | 0013| for certification, appropriations or fund distributions for | 0014| post-secondary educational institutions that have not | 0015| submitted information and cooperated with the commission in | 0016| the preparation of the accountability report. | 0017| Section 5. A new section of the Public School Code is | 0018| enacted to read: | 0019| "[|NEW MATERIAL|] STATE BOARD--ADDITIONAL DUTIES.--In | 0020| collaboration with the commission on higher education, the | 0021| state board of education shall jointly plan and implement | 0022| improvements in secondary education to facilitate a successful | 0023| transition by students from secondary school to post-secondary | 0024| education and in the pre-service and in-service education of | 0025| public school teachers." | - 11 - 0001| Section 6. APPROPRIATION.--Four hundred thousand dollars | 0002| ($400,000) is appropriated from the general fund to the | 0003| commission on higher education for expenditure in fiscal years | 0004| 1999 and 2000 to carry out the provisions of the Post- | 0005| Secondary Educational Planning Act and to contract for | 0006| services to analyze the higher education funding formula, | 0007| including evaluating the formula bases, verifying cost | 0008| factors, identifying performance measures and developing | 0009| possible improvements in the funding formula. Any unexpended | 0010| or unencumbered balance remaining at the end of fiscal year | 0011| 2000 shall revert to the general fund. | 0012| Section 7. APPROPRIATION.--Twelve million dollars | 0013| ($12,000,000) is appropriated from the general fund to the | 0014| commission on higher education for expenditure in fiscal years | 0015| 1999 and 2000 for a two-year pilot project to enhance | 0016| instruction and general funding to support service and | 0017| research functions. The commission on higher education shall | 0018| distribute the funds proportionately on the basis of the | 0019| instruction and general appropriation to each institution. | 0020| The commission on higher education, in cooperation with the | 0021| institutions, shall develop performance measures related to | 0022| the enhancement of service and research functions supported by | 0023| these funds. Any unexpended or unencumbered balance remaining | 0024| at the end of fiscal year 2000 shall revert to the general | 0025| fund. | - 12 - 0001| Section 8. REPEAL.--Section 21-1-26.6 NMSA 1978 (being | 0002| Laws 1990 (1st S.S.), Chapter 4, Section 1) is repealed. | 0003| - 12 - |