SENATE BILL 1049

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Lynda M. Lovejoy

AN ACT

RELATING TO HIGHER EDUCATION; ENACTING THE AMERICAN INDIAN POST-SECONDARY EDUCATION ACT; CREATING A DIVISION IN THE HIGHER EDUCATION DEPARTMENT; PROVIDING DUTIES; ALLOWING FOR JOINT POWERS AGREEMENTS AND MEMORANDA OF UNDERSTANDING; CREATING A FUND; MAKING AN APPROPRIATION.

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

     Section 1. SHORT TITLE.--This act may be cited as the "American Indian Post-Secondary Education Act".

     Section 2. PURPOSE OF ACT.--The purpose of the American Indian Post-Secondary Education Act is to:

          A. assist in the development of culturally relevant learning environments and post-secondary educational opportunities for American Indian students;

          B. ensure maintenance of native languages and cultures;

          C. provide for the study, development and implementation of post-secondary educational systems that positively affect the educational success of American Indian students;

          D. provide the means for a formal relationship between the department and tribal colleges and develop relationships with the education division of the bureau of Indian affairs and other entities that serve American Indian students; and

          E. provide a mechanism for tribal colleges and other tribal educational agencies; the department; post-secondary institutions; students and parents; community-based organizations; the public education department; and tribal, state and local policymakers to work together to improve post-secondary educational opportunities for American Indian students.

     Section 3. DEFINITIONS.--As used in the American Indian Post-Secondary Education Act:

          A. "department" means the higher education department;

          B. "division" means the American Indian post-secondary education division of the department;

          C. "post-secondary institutions" means public, tribal and private post-secondary educational institutions;

          D. "secretary" means the secretary of higher education;

          E. "tribal college" means a tribally, federally or congressionally chartered post-secondary institution located in New Mexico that is accredited by the north central association of colleges and schools; and

          F. "tribe" means an Indian nation, tribe or pueblo located within New Mexico.

     Section 4. DEPARTMENT--RULES--JOINT POWERS AGREEMENTS AND MEMORANDA OF UNDERSTANDING.--

          A. The department, in consultation with tribes, may adopt and promulgate rules to implement the provisions of the American Indian Post-Secondary Education Act.

          B. The secretary may enter into joint powers agreements with tribal colleges and tribes, and into memoranda of understanding with the New Mexico tribal higher education consortium and private educational institutions, for data collection and data sharing and for other matters necessary to carry out the provisions of the American Indian Post-Secondary Education Act.

     Section 5. AMERICAN INDIAN POST-SECONDARY EDUCATION DIVISION--CREATED--DUTIES.--

          A. The "American Indian post-secondary education division" is created within the department. The secretary shall appoint a director of American Indian post-secondary education, who shall direct the activities of the division.

          B. The division shall:

                (1) provide assistance to post-secondary institutions to meet the higher education needs of American Indian students;

                (2) provide assistance to post-secondary institutions in the planning, development, implementation and evaluation of recruitment and retention strategies designed for American Indian college students;

                (3) seek funds to establish, develop and implement the following support services to increase the enrollment, retention and graduation rates of American Indians in post-secondary institutions:

                     (a) recruitment;

                     (b) retention;

                     (c) academic support and transition programs; and

                     (d) academic financial support;

                (4) develop a system for consistent data collection and sharing on the enrollment, retention and graduation rates of American Indian students at post-secondary institutions;

                (5) collaborate with the public education department on the pre-kindergarten through grade twenty initiative, higher education grants and teacher education initiatives to promote a seamless educational system for American Indian students;

                (6) at least semiannually, hold a public meeting for representatives of the New Mexico tribal higher education consortium, tribes, post-secondary institutions, American Indian students, the governor's office, the Indian affairs department, the public education department, the legislature and other interested persons to discuss American Indian higher education issues, including how to ensure attendance and graduation of American Indian students from post-secondary institutions; and

                (7) ensure that two members of the Indian education advisory council are higher education representatives.

     Section 6. REPORT.--

          A. Each public post-secondary institution shall submit a biannual American Indian post-secondary education status report to the division as provided in this section. The division shall work with and encourage tribal colleges and private educational institutions and other entities that serve American Indian college students to submit a status report. The division shall compile the information received into the state American Indian post-secondary education status report.

          B. The status report provided by each post-secondary institution shall be written in a brief format and shall include the following information through which American Indian post-secondary educational performance is measured and aligned with the department's strategic priorities:

                (1) student recruitment;

                (2) student retention;

                (3) student attrition;

                (4) student remediation programs;

                (5) graduation rates;

                (6) annual goals and objectives of American Indian education programs;

                (7) financial aid reports; and

                (8) other issues identified by the division or recommended by the biannual public meetings.

     Section 7. FUND CREATED--GRANTS--APPLICATION AND AWARD PROCESS.--

          A. The "American Indian post-secondary education fund" is created in the state treasury. The fund consists of appropriations, gifts, grants, donations and income from investment of the fund. Balances in the fund at the end of a fiscal year shall not revert or be transferred to any other fund. The fund shall be administered by the department, and money in the fund is appropriated to the department to award grants in support of the American Indian Post-Secondary Education Act. Disbursements from the fund shall be by warrant of the secretary of finance and administration on vouchers signed by the secretary or the secretary's authorized representative.

          B. Grants may be awarded for special projects related to recruitment, retention and graduation of American Indian students, including student conferences, cultural awareness training for faculty and staff at post-secondary institutions, academic support and transition programs and other projects approved by the division.

          C. Applications for grants from the fund shall be in the form prescribed by the division. The division, with the secretary's approval, shall promulgate rules on the application and award process, including who may apply for grants from the fund; information required in the application process; how applications will be evaluated and awarded; accounting and financial reporting requirements for grantees; reporting requirements on the use of a grant and the outcomes of the project funded; and any other information deemed necessary by the division.

     Section 8. APPROPRIATION.--

          A. Nine hundred thousand dollars ($900,000) is appropriated from the general fund to the American Indian post-secondary education fund for expenditure in fiscal year 2008 and subsequent fiscal years to make grants for projects funded in accordance with the American Indian Post-Secondary Education Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

          B. One hundred thousand dollars ($100,000) is appropriated from the general fund to the higher education department for expenditure in fiscal year 2008 for operational expenses associated with the American Indian post-secondary education division, the conduct of the first biannual meeting and the development of a data collection and data sharing system for post-secondary educational institutions as provided in the American Indian Post-Secondary Education Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund.

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