SB 689
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AN ACT
RELATING TO HIGHER EDUCATION; DEFINING "FULL TIME" FOR
STUDENTS WITH DISABILITIES FOR PURPOSES OF THE LEGISLATIVE
LOTTERY SCHOLARSHIP PROGRAM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 21-1-4.3 NMSA 1978 (being Laws 1996,
Chapter 71, Section 3, as amended) is amended to read:
"21-1-4.3. LEGISLATIVE LOTTERY SCHOLARSHIPS
AUTHORIZED--CERTAIN EDUCATIONAL INSTITUTIONS.--
A. To the extent that funds are made available by
the legislature from the lottery tuition fund, the boards of
regents of New Mexico state university, New Mexico institute
of mining and technology, eastern New Mexico university,
western New Mexico university, the university of New Mexico,
New Mexico highlands university and northern New Mexico
college shall award legislative lottery scholarships for
qualified resident students attending their respective
institutions and branches of those institutions.
B. Except as otherwise authorized in this section,
the legislative lottery scholarships authorized in this
section shall apply only to full-time resident students who,
immediately upon completion of a high school curriculum at a
public or accredited private New Mexico high school or upon
receiving a graduate equivalent diploma, are accepted for
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entrance to and attend one of the state educational
institutions set forth in this section or one of the branches
of those institutions. Each legislative lottery scholarship
shall be awarded for up to four consecutive years beginning
the second semester of the recipient's first year of
enrollment if the recipient has maintained residency in New
Mexico and maintained a grade point average of 2.5 or higher
on a 4.0 scale during the first semester of full-time
enrollment.
C. The legislative lottery scholarships authorized
in this section shall also apply to full-time resident
students who, immediately upon completion of a high school
curriculum at a public or accredited private New Mexico high
school or upon receiving a graduate equivalent diploma,
attend a two-year public post-secondary educational
institution in New Mexico and who, upon the completion of
that curriculum or at the end of two years, whichever is
sooner, transfer to one of the post-secondary state
educational institutions set forth in this section. Those
students shall be eligible for a legislative lottery
scholarship for two consecutive years if they maintain
residency in New Mexico, maintain a grade point average of
2.5 or higher on a 4.0 scale and attend the institution full
time during the regular academic year.
D. The legislative lottery scholarships authorized
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in this section shall also apply to full-time resident
students who:
(1) within one hundred twenty days of
completion of a high school curriculum at a public or
accredited private New Mexico high school, or of receiving a
graduate equivalent diploma, begin service in the United
States armed forces; and
(2) within one hundred twenty days of
completion of honorable service or medical discharge from the
service are accepted for entrance to and attend one of the
state educational institutions set forth in this section.
E. The higher education department shall prepare
guidelines setting forth explicit student continuing
eligibility criteria and guidelines for administration of the
legislative lottery scholarship program. Guidelines shall be
distributed to the board of regents of each institution to
enable a uniform availability of the resident student
legislative lottery scholarships.
F. For purposes of the legislative lottery
scholarship program as it applies to students with
disabilities who may require special accommodations, the
higher education department, in consultation with the student
and the office at the institution that serves students with
disabilities, shall review both the definition of "full time"
and the maximum number of consecutive semesters of
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eligibility and adjust either or both as deemed reasonable
and appropriate, based on the student's disability needs. In
no case, however, shall "full time" mean fewer than six
credit hours per semester and in no case shall eligibility
extend beyond fourteen consecutive semesters."
Section 2. Section 21-13-10 NMSA 1978 (being Laws 1963,
Chapter 17, Section 9, as amended) is amended to read:
"21-13-10. BOARD DUTIES.--
A. It is the duty of the community college board
to determine financial and educational policies of the
community college. The community college board shall provide
for the management of the community college and execution of
these policies by selecting a competent president for the
community college, and, upon the president's recommendation,
the board shall employ other administrative personnel,
instructional staff or other personnel as may be needed for
the operation, maintenance and administration of the
community college.
B. The community college board shall have the
power to fix tuition and fee rates for resident and
nonresident students of the community college district, to
accept gifts, to accept federal aid, to purchase, hold, sell
and rent property and equipment and to promote the general
welfare of the institution for the best interest of
educational service to the people of the community college
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district.
C. To the extent that funds are made available by
the legislature from the lottery tuition fund, the community
college board shall award legislative lottery scholarships
for qualified resident students attending their respective
institutions.
D. The legislative lottery scholarships authorized
in this section shall apply only to full-time resident
students who, immediately upon completion of a high school
curriculum at a public or accredited private New Mexico high
school or upon receiving a graduate equivalent diploma, are
accepted for entrance to and attend a community college.
Each legislative lottery scholarship shall be awarded for up
to two consecutive years beginning the second semester of the
recipient's first year of enrollment, provided that the
recipient has maintained residency in New Mexico and
maintained a grade point average of 2.5 or higher on a 4.0
scale during the first semester of full-time enrollment.
E. The higher education department shall prepare
guidelines setting forth explicit student continuing
eligibility criteria and guidelines for administration of the
legislative lottery scholarship program. Guidelines shall be
distributed to community college boards to enable a uniform
availability of the resident student lottery tuition
scholarships.
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F. For purposes of the legislative lottery
scholarship program as it applies to students with
disabilities who may require special accommodations, the
higher education department, in consultation with the student
and the office at the community college that serves students
with disabilities, shall review both the definition of "full
time" and the maximum number of consecutive semesters of
eligibility and adjust either or both as deemed reasonable
and appropriate, based on the student's disability needs. In
no case, however, shall "full time" mean fewer than six
credit hours per semester and in no case shall eligibility
extend beyond fourteen consecutive semesters."
Section 3. Section 21-16-10.1 NMSA 1978 (being Laws
1996, Chapter 71, Section 6, as amended) is amended to read:
"21-16-10.1. LEGISLATIVE LOTTERY SCHOLARSHIPS
AUTHORIZED.--
A. To the extent that funds are made available by
the legislature from the lottery tuition fund, the board of a
technical and vocational institute shall award legislative
lottery scholarships for qualified resident students
attending a technical and vocational institute.
B. The legislative lottery scholarships authorized
in this section shall apply only to full-time resident
students who, immediately upon completion of a high school
curriculum at a public or accredited private New Mexico high
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school or upon receiving a graduate equivalent diploma, are
accepted for entrance to and attend a technical and
vocational institute. Each legislative lottery scholarship
shall be awarded for up to two consecutive years beginning
the second semester of the recipient's first year of
enrollment, provided that the recipient has maintained
residency in New Mexico and maintained a grade point average
of 2.5 or higher on a 4.0 scale during the first semester of
full-time enrollment with renewal of an additional two years
upon transfer.
C. The higher education department shall prepare
guidelines setting forth explicit student continuing
eligibility criteria and guidelines for administration of the
legislative lottery scholarship program. Guidelines shall be
distributed to the boards of technical and vocational
institutes to enable a uniform availability of the resident
student legislative lottery scholarships.
D. For purposes of the legislative lottery
scholarship program as it applies to students with
disabilities who may require special accommodations, the
higher education department, in consultation with the student
and the office at the technical and vocational institute that
serves students with disabilities, shall review both the
definition of "full time" and the maximum number of
consecutive semesters of eligibility and adjust either or
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both as deemed reasonable and appropriate, based on the
student's disability needs. In no case, however, shall "full
time" mean fewer than six credit hours per semester and in no
case shall eligibility extend beyond fourteen consecutive
semesters."
Section 4. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2007.