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AN ACT

RELATING TO HIGHER EDUCATION; CREATING THE STUDENTS WITH

DISABILITIES SCHOLARSHIP ACT; PROVIDING POWERS AND DUTIES;

CREATING A FUND.

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

Section 1. SHORT TITLE.--This act may be cited as the

"Students with Disabilities Scholarship Act".

Section 2. PURPOSE OF ACT.--The purpose of the Students

with Disabilities Scholarship Act is to increase

undergraduate enrollment of students with disabilities by

establishing a scholarship program for those students in New

Mexico's public post-secondary educational institutions.

Section 3. DEFINITIONS.--As used in the Students with

Disabilities Scholarship Act:

A. "award recipient" means a student with

disabilities who receives an undergraduate scholarship;

B. "department" means the higher education

department;

C. "secretary" means secretary of higher

education; and

D. "student with disabilities" means a student who

has a record of a physical or mental condition that

substantially limits one or more major life activities,

including attention deficit disorder or other specific

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learning disabilities that the department recognizes as

disabilities.

Section 4. CONDITIONS FOR ELIGIBILITY AND

QUALIFICATION--AWARDS.--

A. The department shall administer the Students

with Disabilities Act and shall promulgate rules to carry out

the provisions of that act.

B. A student with disabilities may be awarded a

scholarship pursuant to the Students with Disabilities Act if

the student:

(1) is a resident of New Mexico for the

purpose of tuition payment;

(2) has not earned a baccalaureate degree

and is enrolled or will be enrolled at least half time in a

degree program in a public post-secondary educational

institution in New Mexico at the time the scholarship is

awarded; and

(3) has complied with other rules

promulgated by the department to carry out the provisions of

that act.

C. The department shall allocate money to public

post-secondary educational institutions for scholarships for

qualified students with disabilities based on the percentage

of the institution's students classified as students with

disabilities.

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D. Public post-secondary educational institutions

shall make awards to qualifying students in an amount not to

exceed one thousand dollars ($1,000) per semester as

determined by rule of the department; provided that an award

shall not exceed the actual cost of educational expenses.

E. Money for an awarded scholarship shall be

placed in an account at the public post-secondary educational

institution in the name of the student, and the money may be

drawn upon to pay educational expenses charged by the

institution, including tuition, fees, books and course

supplies.

Section 5. DURATION OF SCHOLARSHIP.--Each scholarship

is for a period of one semester. A scholarship may be

renewed, provided the award recipient continues to meet the

conditions of eligibility, until the award recipient has

graduated from an eligible four-year public post-secondary

educational institution.

Section 6. TERMINATION OF SCHOLARSHIP.--A scholarship

is terminated upon occurrence of one or more of the

following:

A. withdrawal of the award recipient from the

public post-secondary educational institution or failure to

remain as at least a half-time student;

B. failure of the award recipient to achieve

satisfactory academic progress; or

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C. substantial noncompliance by the award

recipient with the Students with Disabilities Scholarship Act

or the rules promulgated pursuant to that act.

Section 7. FUND CREATED.--The "students with

disabilities scholarship fund" is created as a nonreverting

fund in the state treasury. The fund consists of

appropriations, gifts, grants, donations and income from

investment of the fund. The department shall administer the

fund and, subject to appropriation by the legislature, shall

provide scholarships to students with disabilities as

provided in the Students with Disabilities Scholarship Act.

Expenditures from the fund shall be by warrant of the

secretary of finance and administration pursuant to vouchers

signed by the secretary or the secretary's authorized

representative.

Section 8. REPORT.--

A. Each public post-secondary educational

institution shall submit an annual students with disabilities

scholarship report to the department that includes

information required by the department. The department shall

submit an annual report to the legislative finance committee

and to the legislative education study committee.

B. The department and public post-secondary

educational institutions shall cooperate in data collection

and data sharing and for other matters necessary to carry out

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the provisions of the Students with Disabilities Scholarship

Act.