45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO HIGHER EDUCATION; ALLOWING BOARDS OF COUNTY COMMISSIONERS TO ESTABLISH LEARNING CENTER DISTRICTS.

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

Section 1. Section 21-16A-1 NMSA 1978 (being Laws 2000, Chapter 105, Section 1) is amended to read:

"21-16A-1. SHORT TITLE.--[This act] Chapter 21, Article 16A NMSA 1978 may be cited as the "Learning Center Act"."

Section 2. Section 21-16A-4 NMSA 1978 (being Laws 2000, Chapter 105, Section 4) is amended to read:

"21-16A-4. ESTABLISHMENT OF LEARNING CENTER DISTRICTS--DETERMINATION OF NEED--APPROVAL--ADVISORY COMMITTEE.--

A. A learning center district may be established in a school district or community college district upon adoption of a resolution by the local school board or community college board calling for establishment of a district and a showing of need for such a district. A district may also be established to include more than one school district and, in that case, the two or more local school boards shall jointly adopt a resolution and determine the need for a learning center. A district may also be established by a board of county commissioners upon adoption of a resolution by the board of county commissioners calling for establishment of a district and a showing of need for such a district; provided that each community college board or local school board located wholly or partially within the county shall approve of the establishment prior to the adoption of the resolution. The boundaries of the district shall be coterminous with the boundaries of the school district, community college district, [or] combined school districts or county constituting the district. No district shall be established without the written approval of the commission.

B. Upon a determination of need and receipt of written approval from the commission, the district shall be established and the local school board, community college board, [or] combined local school boards or board of county commissioners authorizing the district shall serve as the board. The board shall act as a representative of the communities in the district for the purpose of assessing local educational needs and contracting with one or more institutions to offer educational programs or services at one or more learning centers.

C. The board may appoint an advisory committee consisting of business representatives and citizens from the area being served by a learning center to advise and assist the board in determining the most appropriate educational and training programs and services to be offered at the learning center.

D. A learning center shall not be deemed to be an institution, but the students enrolled at the center shall be students of the respective institutions providing educational programs and services.

E. The commission shall develop criteria for determining the need for a district and the process and procedures for establishing and operating a learning center."