45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO EDUCATION; ESTABLISHING A SCHOLARSHIP PROGRAM FOR EDUCATIONAL ASSISTANTS WANTING TO BECOME TEACHERS; CREATING A FUND; MAKING AN APPROPRIATION.

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.--This act may be cited as the "Educational Assistant Scholarship Act"."

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

"[NEW MATERIAL] PURPOSE.--The purpose of the Educational Assistant Scholarship Act is to increase enrollment in the state's public universities of individuals who are already working in the public schools as educational assistants and would like to advance their careers and enter the profession of teaching by becoming certified public school instructors."

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

"[NEW MATERIAL] DEFINITIONS.--As used in the Educational Assistant Scholarship Act:

A. "academic year" means any consecutive period of two semesters, three quarters or other comparable units commencing with the fall term each year;

B. "award recipient" means a student awarded an educational assistant scholarship;

C. "commission" means the commission on higher education;

D. "group underrepresented" means women, minorities, the visually handicapped and the physically disabled, ethnic minorities and other groups who have traditionally been underrepresented in the profession of teaching; and

E. "student" means a resident of New Mexico for the purpose of tuition payment."

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

"[NEW MATERIAL] SCHOLARSHIPS CREATED.--There are created "educational assistant scholarships" that the commission shall award and administer pursuant to the Educational Assistant Scholarship Act."

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

"[NEW MATERIAL] SCHOLARSHIPS--AMOUNT AUTHORIZED.--Scholarships shall be in an amount sufficient to pay for the award recipient's tuition, required student fees and books for an academic year."

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

"[NEW MATERIAL] CONDITIONS FOR FIRST YEAR ELIGIBILITY.-- Priority will be given to New Mexico students who are members of an underrepresented group and students with the greatest financial need. A scholarship may be awarded to an individual who:

A. is a citizen of the United States or has a permanent resident visa;

B. is currently employed as an educational assistant at a New Mexico public school;

C. has met the admission requirements and is accepted for enrollment in a program of education studies toward licensure as a teacher;

D. has complied with the rules for award of the scholarship and the provisions regarding the administration of scholarships adopted by the commission pursuant to the Educational Assistant Scholarship Act; and

E. agrees to work or teach in a public school in New Mexico for at least four years."

Section 7. A new section of Chapter 21 NMSA 1978 is enacted to read:

"[NEW MATERIAL] DURATION OF SCHOLARSHIP.--An educational assistant scholarship shall be awarded for a period of one academic year. A scholarship may be renewed until the award recipient has received four consecutive academic year scholarship awards or until the recipient graduates from a four-year institution, whichever occurs first."

Section 8. A new section of Chapter 21 NMSA 1978 is enacted to read:

"[NEW MATERIAL] TERMINATION OF SCHOLARSHIP.--An educational assistant scholarship shall be terminated upon the following:

A. withdrawal of the award recipient from the institution or failure to remain at least a half-time student;

B. failure of the award recipient to achieve satisfactory academic progress; or

C. substantial noncompliance by the award recipient with the provisions of and the rules adopted pursuant to the Educational Assistant Scholarship Act."

Section 9. A new section of Chapter 21 NMSA 1978 is enacted to read:

"[NEW MATERIAL] FUND CREATED.--There is created in the state treasury the "educational assistant scholarship fund". The fund shall consist of all money appropriated to the fund and any grants, gifts or bequests made to the fund. Money in the fund shall be appropriated to the commission for the purpose of providing scholarship awards to qualifying students pursuant to the Educational Assistant Scholarship Act. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the executive director of the commission. Balances remaining in the fund at the end of each fiscal year shall not revert."

Section 10. A new section of Chapter 21 NMSA 1978 is enacted to read:

"[NEW MATERIAL] DISTRIBUTIONS OF SCHOLARSHIP FUNDS.--The commission may adopt rules for the distribution of educational assistant scholarship funds and for carrying out the provisions of the Educational Assistant Scholarship Act."

Section 11. APPROPRIATION.--Seven million five hundred thousand dollars ($7,500,000) is appropriated from the general fund to the educational assistant scholarship fund for expenditure in fiscal year 2002 and subsequent fiscal years to provide scholarships to those individuals working as educational assistants in the public schools who want to become teachers and who are eligible pursuant to the Educational Assistant Scholarship Act to receive a scholarship award. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.