SENATE BILL 130

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Cynthia Nava

 

 

 

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

 

AN ACT

RELATING TO LOTTERY SCHOLARSHIPS; REQUIRING POST-SECONDARY EDUCATIONAL INSTITUTIONS TO COUNT TOWARD FULL-TIME ENROLLMENT ANY COURSES REQUIRED TO BE TAKEN AT OTHER EDUCATIONAL INSTITUTIONS.

 

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

     Section 1. A new section of Chapter 21, Article 1 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] LOTTERY SCHOLARSHIPS--COURSES AT OTHER EDUCATIONAL INSTITUTIONS COUNTED TOWARD FULL-TIME STATUS--NOTICE AND OPPORTUNITY TO BE HEARD--PENALTY.--

          A. When a college or academic program of a state post-secondary educational institution enumerated in Section 21-1-4.3 NMSA 1978 requires a student to enroll in a course at or through another educational institution, it shall count that course when determining the student's full-time enrollment status for purposes of tuition scholarships paid from the lottery tuition fund.

          B. A state post-secondary educational institution shall not deny eligibility for a tuition scholarship based on a student's change in full-time enrollment status, until it has given the student at least ten days' notice and provided the student with an opportunity to demonstrate that he is taking a full-time course load at that institution or at another educational institution as required by the college or academic program of the post-secondary educational institution.

          C. A student aggrieved of a decision of the state post-secondary educational institution may appeal the decision to the commission on higher education, which shall hear the appeal within twenty days. If the institution denied eligibility for a tuition scholarship in violation of Subsection A of this section, it shall reimburse the student the complete cost, including tuition, books and fees, of each course for which the student was enrolled that semester at any educational institution, including the state post-secondary educational institution."

     Section 2. A new section of Chapter 21, Article 13 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] LOTTERY SCHOLARSHIPS--COURSES AT OTHER EDUCATIONAL INSTITUTIONS COUNTED TOWARD FULL-TIME STATUS--NOTICE AND OPPORTUNITY TO BE HEARD--PENALTY.--

          A. When an academic program of a community college requires a student to enroll in a course at or through another educational institution, it shall count that course when determining the student's full-time enrollment status for purposes of tuition scholarships paid from the lottery tuition fund.

          B. A community college shall not deny eligibility for a tuition scholarship based on a student's change in full-time enrollment status, until it has given the student at least ten days' notice and provided the student with an opportunity to demonstrate that he is taking a full-time course load at the community college or at another educational institution as required by the academic program of the community college.

          C. A student aggrieved of a decision of the community college may appeal the decision to the commission on higher education, which shall hear the appeal within twenty days. If the community college denied eligibility for a tuition scholarship in violation of Subsection A of this section, it shall reimburse the student the complete cost, including tuition, books and fees, of each course for which the student was enrolled that semester at any educational institution, including the community college."

     Section 3. A new section of Chapter 21, Article 16 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] LOTTERY SCHOLARSHIPS--COURSES AT OTHER EDUCATIONAL INSTITUTIONS COUNTED TOWARD FULL-TIME STATUS--NOTICE AND OPPORTUNITY TO BE HEARD--PENALTY.--

          A. When an academic program of a technical and vocational institute requires a student to enroll in a course at or through another educational institution, it shall count that course when determining the student's full-time enrollment status for purposes of tuition scholarships paid from the lottery tuition fund.

          B. A technical and vocational institute shall not deny eligibility for a tuition scholarship based on a student's change in full-time enrollment status, until it has given the student at least ten days' notice and provided the student with an opportunity to demonstrate that he is taking a full-time course load at the technical and vocational institute or at another educational institution as required by the academic program of the technical and vocational institute.

          C. A student aggrieved of a decision of the technical and vocational institute may appeal the decision to the commission on higher education, which shall hear the appeal within twenty days. If the technical and vocational institute denied eligibility for a tuition scholarship in violation of Subsection A of this section, it shall reimburse the student the complete cost, including tuition, books and fees, of each course for which the student was enrolled that semester at any educational institution, including the technical and vocational institute."

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