HOUSE BILL 119

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Pauline J. Ponce

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

AN ACT

RELATING TO HIGHER EDUCATION; REQUIRING POST-SECONDARY EDUCATIONAL INSTITUTIONS TO REIMBURSE STUDENTS FOR COSTS OF CERTAIN COURSES NOT ACCEPTED FOR TRANSFER; REQUIRING STUDENT NOTIFICATION OF COMPLAINT PROCESS.

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

     Section 1. Section 21-1B-5 NMSA 1978 (being Laws 1995, Chapter 224, Section 5) is amended to read:

     "21-1B-5. OVERSIGHT OF ARTICULATION PROGRAMS--COMPLAINT PROCEDURES.--

          A. The commission shall establish and maintain a process to monitor and improve articulation through frequent and systematic consultation with institutions. Institutions shall monitor the progress of each transfer student and provide appropriate information to the student's originating institution.

          B. The commission shall establish a complaint procedure for transfer students who fail to receive credit for courses contained in a transfer module taken at another institution. The commission may set standards for determining bona fide complaints, including a requirement that students follow institutions' internal procedures for resolving complaints prior to submitting them to the commission. The commission shall investigate all articulation complaints and render decisions as to the appropriateness of the actions of the participants.

          C. Prior to December 31 of each year, the commission shall summarize all articulation complaints filed with the commission and the decisions of the commission with regard to those complaints. For those complaints for which the commission finds merit, the commission shall calculate the number of credits refused at the receiving institution and recommend a corresponding reduction of legislative funding to the next session of the legislature.

          D. If a student's articulation complaint is upheld, the receiving institution shall reimburse the student the complete cost, including tuition, books and fees, of each course the student was required to repeat at the receiving institution."

     Section 2. A new section of the Post-Secondary Education Articulation Act is enacted to read:

     "[NEW MATERIAL] ARTICULATION COMPLAINT PROCESS--NOTIFICATION.--The receiving institution shall publish in the student handbook or otherwise notify transfer students of the complaint process to be followed in the event that a transfer module course is not accepted for credit. The notification shall include the remedy available to the student if the complaint is upheld."

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