44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO POST-SECONDARY EDUCATION; REVISING PROVISIONS GOVERNING PUBLIC, POST-SECONDARY EDUCATIONAL INSTITUTIONS; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 21-13-8 NMSA 1978 (being Laws 1963, Chapter 17, Section 7, as amended) is amended to read:

"21-13-8. COMMUNITY COLLEGE BOARD.--

A. Community college board members shall be over twenty-one years of age, qualified electors and residents of the community college district.

B. Community college board members shall be elected for staggered terms of six years from April 1 succeeding their elections; provided that terms and staggering shall continue to be as they are on January 1, 1998. All vacancies caused in any other manner than by the expiration of the term of office shall be filled by appointment by the remaining members. An individual appointed by the remaining members of the board to fill a vacancy in office shall serve until the next community college board election, at which time candidates shall file for and be elected to fill the vacant position to serve the remainder of the unexpired term.

C. [The ________________] A community college board shall select from its members a chairman and secretary who shall serve in these offices until the next regular community college board election. After each [_______________] community college board election, the members shall proceed to reorganize."

Section 2. Section 21-13-11 NMSA 1978 (being Laws 1963, Chapter 17, Section 10, as amended) is amended to read:

"21-13-11. STANDARDS AND ACCREDITING OF COMMUNITY COLLEGES.--

A. The [board of educational finance shall, in conjunction with the] community college board shall prescribe the course of study for [the] a community [colleges] college established pursuant to the Community College Act and shall define official standards of excellence in all matters relating to the administration, course of study and quality of instruction, except that the prescribed standards may not be less in quality or quantity than those prescribed for other state institutions of higher learning by the regional accrediting agency which accredits other colleges and universities of the state.

[B. The community college board may elect to affiliate with the board of regents of a higher educational institution. Upon a mutual agreement by the board of regents and community college board, the board of regents shall exercise all powers given the board of educational finance under this section, and the president of the higher educational institution shall exercise the powers of the executive secretary of the board of educational finance under this section for the term of the agreement. No agreement shall be for less than five years, and agreements shall be noncancelable except by mutual consent.

C.] B. The executive [secretary] director of the [board of educational finance] commission on higher education shall annually inspect, or investigate through the requirement of reports prescribed by him, each community college created pursuant to the Community College Act. The inspection or investigation by report shall be conducted upon the facilities and program of each community college to determine the extent of compliance with the rules [and regulations] promulgated by the [board of educational finance] commission. A report of each inspection or final investigation by report shall be made to the [board of educational finance] commission.

[D.] C. In the event of any serious deviation from established practices and procedures or any [defects] deficiencies that impair the quality of the instructional program in any community college created pursuant to the provisions of the Community College Act, the [board of educational finance] commission on higher education shall first call these to the attention of the president of the community college and the community college board.

[E.] D. In the case of repeated failure to [meet the specified standards, the board of educational finance] rectify unusual or unsatisfactory practices, the commission on higher education may take action discontinuing the approval of any community college so delinquent. Upon a showing that the unsatisfactory conditions have been remedied, the [board of educational finance] commission may reinstate its approval of a disapproved community college."

Section 3. Section 21-13-12 NMSA 1978 (being Laws 1963, Chapter 17, Section 11, as amended) is amended to read:

"21-13-12. [TITLES] DEGREES AND CERTIFICATES AWARDED.--The community college board of any community college may award the appropriate degree upon the completion of a curriculum organized for that purpose and approved by the [board of educational finance] commission on higher education. [The] An associate [title] degree or certificate may be awarded only to students as recommended by the faculty, [and] the chief academic [administrative] officer and the president of the community college as having completed satisfactorily the prescribed course of study."

Section 4. 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. As used in the Community College Act, "full-time-equivalent student" means:

(1) a student enrolled for one or several terms which in the aggregate consist of thirty-two weeks and who is taking twenty-three or more contact hours per week for the term or terms for which he is enrolled; or

(2) a computed student symbolized by each whole unit of a figure arrived at by dividing the aggregate number of contact hours taken by all students taking less than twenty-three contact hours a week during a term or terms which total thirty-two weeks by the number twenty-three.

B. For the purpose of computing the number of full-time-equivalent students for the technical and vocational payment, the following formulae shall be used:

(1) for full-time-equivalent students based on

full-time students, the formula is:

full-time-equivalent = number of full- x number of weeks of terms

student time students for which enrolled

32; and

(2) for full-time-equivalent students based on part-time students, the formula is:

full-time-equivalent = total weekly x number of weeks of term

student contact hours for which enrolled

736.

C. For the purpose of calculating the community college payment, full-time-equivalent student for those students enrolled in noncollege credit technical and vocational courses shall be defined as and shall be computed on the same bases set out in Subsections A and B of this section for full-time-equivalent students under the technical and vocational payment.]

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 in the same manner in which it defines and computes full-time-equivalent students for all other college-level programs within its jurisdiction.

[D.] 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.

[E. An amount not less than six hundred fifty dollars ($650) for each full-time-equivalent student shall be distributed by the commission on higher education to each community college. For the first year of operation, the board of regents shall estimate the full-time-equivalent student population; thereafter, the previous year's full-time-equivalent student population shall be used.

F.] C. The commission on higher education 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 [approved by the electors pursuant to Section 21-13-17 NMSA 1978] 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.

[G.] D. The commission on higher education shall require from the community college such reports as the [board]

commission may deem necessary for the purpose of determining the number of full-time-equivalent students at the community college eligible to receive support under this section.

[H. The commission on higher education may recommend tuition and fee rates, and in fixing tuition and fee rates, the community college board shall separately establish:

(1) rates for New Mexico students residing in the community college district;

(2) rates for New Mexico students not residing in the community college district; and

(3) rates for out-of-state students.]

E. Community college boards shall establish tuition and fee rates for their respective institutions for full-time, part-time, resident and nonresident students, as defined by the commission on higher education.

F. Community college boards may waive tuition or fees for the fall and spring semesters only for students who are residents of New Mexico. No community college board may waive tuition or fees for more than three percent of the preceding fall semester's enrollment. At least one-third of the tuition and fee waivers shall be granted on the basis of financial need."

Section 5. Section 21-13-21 NMSA 1978 (being Laws 1963, Chapter 17, Section 16, as amended) is amended to read:

"21-13-21. ADDITION OF SCHOOL DISTRICTS TO EXISTING

COMMUNITY COLLEGE DISTRICTS.--

A. The qualified electors within the territorial limits of any school district, group of school districts within a county or school districts in an adjoining county, not included in the community college district as originally formed, may petition the [board of educational finance] commission on higher education to be added to the community college district. The [board of educational finance] commission shall examine the petition and, if it finds that the petition is signed by the requisite number of qualified electors as provided in Sections 21-13-4 and 21-13-5 NMSA 1978, the [board of educational finance] commission shall cause a survey to be made of the petitioning district or districts to determine the desirability of the proposed extension of the area of the community college district.

B. In conducting the survey, the [board of educational finance] commission on higher education shall ascertain the attitude of the community college board and collect other information as prescribed in Section 21-13-5 NMSA 1978. If on the basis of the survey the [board of educational finance] commission finds that the proposed addition of the petitioning area will promote an improved education service in the area, it shall approve the petition. Thereafter, the [board of educational finance] commission shall proceed to call an election within the petitioning area and in the established community college district on the question of the inclusion of the area in the community college district. In the election, the procedure prescribed in

Sections 21-13-6, 21-13-7 and 21-13-18 NMSA 1978 shall be followed.

C. If it appears on canvass of the results of the election in the office of the executive [secretary] director of the [board of educational finance] commission on higher education that a majority of the votes cast in each of the petitioning areas and within the established community college district were in favor of the addition of the petitioning area or areas, the executive [secretary] director shall notify the boards of education within each school district and the community college board of the results of the election and shall declare the extension of the boundaries of the community college district to include the petitioning area or areas in which the proposed addition referendum carried by a majority vote. The addition shall take effect on the next succeeding July 1.

D. The territory within each school district added to any existing community college district shall automatically be subject to any special levy on taxable property approved for the community college district for the maintenance of facilities and services and for support of bond issues."

Section 6. Section 21-13-23 NMSA 1978 (being Laws 1963, Chapter 17, Section 18, as amended) is amended to read:

"21-13-23. DISSOLUTION OF COMMUNITY COLLEGE DISTRICTS.--Community college districts may be dissolved in the following manner:

A. submission of a plan for the dissolution of the community college district to the executive [secretary] director of the [board of educational finance] commission on higher education by a petition signed by ten percent of the qualified electors residing within the district. Upon receipt of a proper plan and petition, the executive [secretary] director shall call a special election for the purpose of referring to the qualified electors residing in the district the question of dissolution. Plans for the dissolution of a community college district shall provide for the payment of all district debts and liabilities and for the equitable distribution of all remaining assets to the school districts within the community college district;

B. if the executive [secretary] director of the [board of educational finance] commission on higher education finds that a majority of the qualified electors voting on the issue at the special election has authorized the dissolution, the community college board shall proceed with the approved plan. Upon completion of the plan, the community college board shall submit a full report to the executive [secretary] director and a copy of the report to each local school district board within the community college district; and

C. upon receipt of the final report of the community college board, the executive [secretary] director of the [board of educational finance] commission on higher education shall examine the report to determine whether any outstanding obligations still exist and whether the terms of the approved plan have been accomplished. If, upon determination by the executive [secretary] director, no obligations are yet outstanding and the provisions of the plan have been fulfilled, he shall formally declare the community college district dissolved."

Section 7. Section 21-13-24.1 NMSA 1978 (being Laws 1980, Chapter 53, Section 17, as amended) is amended to read:

"21-13-24.1. ESTABLISHING PROCEDURES FOR INDEPENDENCE--FUNDING--TUITION--APPROPRIATION--LOCAL SUPPORT LEVEL--OUTSTANDING INDEBTEDNESS.--Any institution established in accordance with Article 14, 16 or 17 of Chapter 21 NMSA 1978 which desires to become an independent institution under [Laws 1980, Chapter 53] the Community College Act and to receive more than three hundred twenty-five dollars ($325) per full-time-equivalent student is subject to the following:

A. approval of the institutional request for independent status by the [board of educational finance] commission on higher education;

B. tuition rates shall be recommended by the [board of educational finance] commission on higher education and shall be set by the [legislature] the community college board;

C. the [board of educational finance] commission on higher education shall recommend an appropriation for the institution based upon expenditure levels determined by [board of educational finance] commission on higher education formulas in relation to its authorized program and its available funds from non-general fund sources, and the recommended appropriation shall be an amount not less than three hundred twenty-five dollars ($325) for each full-time-equivalent student;

D. the minimum level of local support for operational purposes shall be a tax rate of two dollars ($2.00), or any lower amount required by the operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978 upon an amount 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;

[E. with the approval of the board of educational finance, the community college may operate occupational education programs for secondary school students in cooperation with public school districts located within the community college district; provided that all budgeting and expenditures related to secondary occupational education programs must be separately identified, and no state money appropriated for support of the post-secondary education program may be used to operate secondary occupational education programs;] and

[F.] E. the community college board shall provide for the assumption of any outstanding indebtedness of the institution desiring to become independent by the voters of the community college district."

Section 8. 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 which is recognized by the vocational education division as an area vocational school or in courses which are approved by the state board of education. [Full-time equivalent for students enrolled in vocational and technical courses not of college level shall be calculated according to the method prescribed in Section 21-16-9 NMSA 1978.] 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 9. Section 21-14-5 NMSA 1978 (being Laws 1957, Chapter 143, Section 4, as amended) is amended to read:

"21-14-5. FINANCING OF BRANCH COMMUNITY COLLEGES--TUITION AND FEE WAIVERS.--

A. Financing of branch community colleges shall be by tuition and fees, which shall be set by the board of regents of the parent institution, by gifts and grants and by other funds as may be made available pursuant to the provisions of the College District Tax Act or [Sections 21-14-1 through 21-14-11] Chapter 21, Article 14 NMSA 1978.

B. Boards of regents of the respective parent institutions of the branch community colleges may waive tuition or fees for the fall and spring semesters only for students who are residents of New Mexico. No board of regents may waive tuition or fees for more than three percent of the preceding fall semester's enrollment in a branch community college. At least one-third of the tuition and fee waivers shall be granted on the basis of financial need."

Section 10. 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. [Full-time equivalent for students enrolled in vocational and technical courses not of college level shall be calculated according to the method prescribed in Section 2l-16-9 NMSA 1978.] 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 11. Section 21-16-5.1 NMSA 1978 (being Laws 1994, Chapter 83, Section 3) is amended to read:

"21-16-5.1. [TECHNICAL AND VOCATIONAL INSTITUTE] BOARD MEMBERS--ELECTED FROM DISTRICTS.--

A. [Any technical and vocational institute] A board may provide for single-member election districts should such a decision appear to be in the best interest of the technical and vocational institute. If such a decision is made, then members of the [institute] board shall reside in and be elected from single-member districts as provided in this section. Promptly after the decision is made, the board shall divide the technical and vocational institute district into five or seven election districts numbered 1 through 5 or 7, which shall constitute the single-member districts and which [will] shall go into effect at the first regular board election thereafter. At that election, board members shall be elected for all five or seven positions on the board, with the board members in seven-member districts elected to positions 1, 3, 5 and 7 to be elected for initial terms of two years and the board members elected to positions 2, 4 and 6 to be elected for initial terms of four years. In five-member districts, board members elected to positions 1, 3 and 5 shall be elected for initial terms of two years and the board members elected to positions 2 and 4 shall be elected for initial terms of four years. After the initial election, each board member shall be elected for a term of four years.

B. Once following each federal decennial census, the board shall redistrict the technical and vocational institute district into [seven] election districts [numbered 1 through 7] to ensure that the districts remain as equal in population as is practicable. [Such] The new districts shall go into effect at the first regular board election thereafter. Candidates for the new single-member districts that are scheduled to be voted on at [such] the election shall reside in and be elected from the appropriate new single-member district. Incumbent board members whose districts before redistricting were not scheduled to be voted on at [such] the election need not reside in the new single-member [district] districts corresponding to their position [number] numbers and may serve out their [term] terms. At the second regular board election held after the redistricting, all candidates for the new single-member districts that are scheduled to be voted on [at such election] shall reside in and be elected from the appropriate single-member district.

C. All election districts covered by this section shall be contiguous, compact and as equal in population as is practicable.

D. If any vacancy occurs in an election district where a nonresident board member had been serving, the vacancy shall be filled with a resident of [such] that district."

Section 12. Section 21-16-8 NMSA 1978 (being Laws 1968, Chapter 59, Section 1, as amended) is amended to read:

"21-16-8. PURPOSE OF ACT.--[Whereas the state recognizes the value of public school vocational education, and the state supports vocational and technical curricula of not more than two years' duration designed to fit individuals for employment by an appropriation not less than three hundred twenty-five dollars ($325) for each full-time-equivalent student, provided such students are enrolled in a branch community college recognized by the state board of vocational education as an area vocational school.] It is the purpose of [this act] the Technical and Vocational Institute Act to extend state support to public school vocational and technical education programs of not more than two years' duration designed to fit individuals for employment, provided such individuals are students enrolled in a technical and vocational institute organized pursuant to the Technical and Vocational Institute Act."

Section 13. 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 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 shall by [regulation] 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 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. A technical and vocational institute board may waive tuition or fees for the fall and spring semesters only for students who are residents of New Mexico. No board may waive tuition or fees for more than three percent of the preceding fall semester's enrollment. At least one-third of the tuition and fee waivers shall be granted on the basis of financial need."

Section 14. Section 21-16-10.1 NMSA 1978 (being Laws 1996, Chapter 71, Section 6) is amended to read:

"21-16-10.1. TUITION SCHOLARSHIPS AUTHORIZED.--

A. To the extent that funds are made available by the legislature from the lottery tuition fund, the board of a technical and vocational institute shall award tuition scholarships for qualified resident students attending a technical and vocational institute.

B. The tuition scholarships authorized in this section shall apply only to full-time resident students who, immediately upon completion of a high school curriculum at a public or accredited private New Mexico high school or upon receiving a graduate equivalent diploma, are accepted for entrance to and attend a technical and vocational institute. Each tuition scholarship shall be awarded for up to two consecutive years beginning the second semester of the recipient's first year of enrollment, provided that the recipient has maintained residency in New Mexico and maintained a grade-point average of 2.5 or higher on a 4.0 scale during his first semester of full-time enrollment with renewal of an additional two years upon transfer.

C. The commission on higher education shall prepare guidelines setting forth explicit student continuing eligibility criteria and guidelines for administration of the tuition scholarship program. Guidelines shall be distributed to the boards of technical and vocational institutes to enable a uniform availability of the resident student tuition scholarships."

Section 15. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] AREA VOCATIONAL SCHOOLS.--

A. A local school board, alone or in cooperation with other boards, may develop a plan for the establishment of an area vocational school on the campus of a post-secondary educational institution. The plan shall be submitted to the state board of education and the commission on higher education for their approval.

B. The state board of education and the commission on higher education may approve a plan for an area vocational school if the plan adequately provides for:

(1) sufficient financing for the operation of the school, which may include an election for a special levy not to exceed one dollar ($1.00) for each one thousand dollars ($1,000) of net taxable value and that may be in addition to levies authorized by the College District Tax Act;

(2) a broad vocational and technical education program serving a sufficient number of students to achieve economic viability; and

(3) compliance with the state plan for vocational education."

Section 16. REPEAL.--Sections 21-14-11, 21-15-1 through 21-15-3, 21-16-9, 21-16-11.1, 21-16-18 and 21-17-1 through 21-17-17 NMSA 1978 (being Laws 1963, Chapter 162, Section 9, Laws 1967, Chapter 66, Sections 1, 2 and 4, Laws 1968, Chapter 59, Section 2, Laws 1993, Chapter 28, Section 1 and Laws 1993, Chapter 114, Section 1, Laws 1964, (1st S.S.) Chapter 12, Section 3, Laws 1967, Chapter 177, Sections 1 through 4, Laws 1988, Chapter 34, Section 1, Laws 1967, Chapter 177, Sections 5 and 6, Laws 1996, Chapter 71, Section 7, Laws 1973, Chapter 325, Section 2, Laws 1967, Chapter 177, Sections 8, 10, 11 and 13 through 15 and Laws 1972, Chapter 29, Section 2, as amended) are repealed.