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AN ACT

RELATING TO EDUCATION; PROVIDING FOR DUAL CREDITS TOWARD HIGH

SCHOOL GRADUATION AND A POST-SECONDARY DEGREE OR CERTIFICATE;

SPECIFYING REQUIREMENTS AND CONDITIONS; PROVIDING FOR DATA

COLLECTION AND EVALUATION.

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

Section 1. DUAL CREDIT FOR HIGH SCHOOL AND

POST-SECONDARY CLASSES.--

A. As used in this section, "dual credit program"

means a program that allows high school students to enroll in

college-level courses offered by a public post-secondary

educational institution that may be academic or

career-technical but not remedial or developmental, and

simultaneously to earn credit toward high school graduation

and a post-secondary degree or certificate.

B. To be eligible to participate in a dual credit

program, the student shall:

(1) be enrolled in a regular public school

or charter school in one-half or more of the minimum course

requirements approved by the public education department for

public school students; and

(2) obtain permission from a school

counselor, the school principal or head administrator of a

charter school prior to enrolling in a dual credit course.

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C. The school district or charter school that the

student attends shall pay the cost of the required textbooks

and other course supplies for the post-secondary course the

student is enrolled in through purchase arrangements with the

bookstore at the public post-secondary educational

institution or other cost-efficient methods. The student

shall return the textbooks and unused course supplies to the

school district when the student completes the course or

withdraws from the course.

D. A public post-secondary educational institution

that participates in a dual credit program shall waive all

general fees for dual credit courses.

E. The higher education department shall revise

procedures in the higher education funding formula to address

enrollments in dual credit courses and to encourage

institutions to waive tuition for high school students taking

those courses.

F. The higher education department and the public

education department shall adopt and promulgate rules to

implement a dual credit program that specify:

(1) post-secondary courses that are eligible

for dual credit;

(2) conditions that apply, including:

(a) the required academic standing and

conduct of students enrolled in dual credit courses;

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(b) the semesters in which dual credit

courses may be taken;

earned;

(d) any caps on the number of courses,

location of courses and provision of transcripts; and

(e) an appeals process for a student

who is denied permission to enroll in a dual credit course;

(3) accommodations or other arrangements

applicable to special education students;

(4) the contents of the uniform master

agreement, developed in collaboration with school districts,

charter schools and the public post-secondary educational

institutions, that govern the roles, responsibilities and

liabilities of the school district or charter school, the

institution and the student and the student's family;

(5) provisions for expanding dual credit

opportunities through distance learning and other methods;

(6) the means by which public high schools

are required to inform students and parents about

opportunities to participate in dual credit programs during

student advisement, academic support and formulation of

annual next step plans, as well as other methods; and

(7) provisions for collecting and

disseminating annual data, including:

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(a) the number of students taking dual

credit courses;

(b) the participating school districts,

charter schools and public post-secondary educational

institutions;

earned;

(d) the high school graduation rates

for participating school districts and charter schools;

(e) the public post-secondary

educational institutions that participating students

ultimately attend; and

(f) the cost of providing dual credit

courses.

G. The higher education department and the public

education department shall evaluate dual credit programs in

terms of their accessibility to students statewide and their

effect on student achievement in secondary education, on

student enrollment and completion of higher education and on

school districts and public post-secondary educational

institutions. The departments shall make an annual report,

including recommendations, to the governor and the

legislature.

Section 2. Section 21-13-19 NMSA 1978 (being Laws 1968,

Chapter 70, Section 2, as amended) is amended to read:

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"21-13-19. ENROLLMENT DEFINED--PAYMENTS.--

A. For those students in community colleges taking

college-level courses, full-time-equivalent students shall be

defined and computed by the higher education department in

the same manner in which it defines and computes

full-time-equivalent students for all other college-level

programs within its jurisdiction.

B. No student shall be included in any

calculations made under the provisions of this section if the

student is enrolled in a course the cost of which is totally

reimbursed from federal, state or private sources.

C. The higher education department shall not

recommend an appropriation greater than three hundred

twenty-five dollars ($325) for each full-time-equivalent

student for any community college that levies a tax at a rate

less than two dollars ($2.00), unless a lower amount is

required by operation of the rate limitation provisions of

Section 7-37-7.1 NMSA 1978 upon a rate of at least two

dollars ($2.00) on each one thousand dollars ($1,000) of net

taxable value, as that term is defined in the Property Tax

Code, or any community college that reduces a previously

authorized tax levy, except as required by the operation of

the rate limitation provisions of Section 7-37-7.1 NMSA 1978.

D. The higher education department shall require

from the community college such reports as the department

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deems necessary for the purpose of determining the number of

full-time-equivalent students at the community college

eligible to receive support under this section.

E. A community college board shall establish

tuition and fee rates for its respective institutions for

full-time, part-time, resident and nonresident students, as

defined by the higher education department.

F. A community college board may establish and

grant gratis scholarships to students who are residents of

New Mexico in an amount not to exceed the matriculation fee

or tuition and fees, or both. The gratis scholarships are in

addition to the lottery tuition scholarships authorized in

Section 21-13-10 NMSA 1978 and shall be granted to the full

extent of available funds before lottery tuition scholarships

are granted. The number of scholarships established and

granted pursuant to this subsection shall not exceed three

percent of the preceding fall semester enrollment in each

institution and shall not be established and granted for

summer sessions. The president of each institution shall

select and recommend to the community college board of the

president's institution, as recipients of scholarships,

students who possess good moral character and satisfactory

initiative, scholastic standing and personality. At least

thirty-three and one-third percent of the gratis scholarships

established and granted by each community college board each

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year shall be granted on the basis of financial need.

G. A student in a home school or private school

who meets the eligibility criteria in rules promulgated by

the public education department and higher education

department may apply for dual credit courses, provided that

the student pays the full cost of dual credit courses."

Section 3. Section 21-14-1 NMSA 1978 (being Laws 1957,

Chapter 143, Section 1, as amended) is amended to read:

"21-14-1. BRANCH COMMUNITY COLLEGE EDUCATIONAL PROGRAM

AND ENROLLMENT DEFINED.--

A. "Branch community college educational program",

for the purposes of Chapter 21, Article 14 NMSA 1978,

includes either the first two years of college education or

organized vocational and technical curricula of not more than

two years' duration designed to fit individuals for

employment in recognized occupations, or both.

B. The calculation of full-time-equivalent student

population for the purposes of Chapter 21, Article 14 NMSA

1978 shall include students enrolled in college-level courses

and students enrolled in vocational and technical courses

taught by a branch community college that is recognized by

the instructional support and vocational education division

of the public education department as an area vocational

school or in courses that are approved by the secretary of

public education. Students enrolled in a course the cost of

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which is totally reimbursed from federal, state or private

sources shall not be included in the calculation of

full-time-equivalent student population."

Section 4. Section 21-14A-2 NMSA 1978 (being Laws 1982,

Chapter 42, Section 2, as amended) is amended to read:

"21-14A-2. DEFINITIONS.--As used in the Off-Campus

Instruction Act:

A. "off-campus instruction program" means either

the first two years of college education or organized

vocational and technical curricula of not more than two

years' duration designed to fit individuals for employment in

recognized occupations, or both; and

B. "full-time-equivalent student" includes

students enrolled in college-level courses and students

enrolled in vocational and technical courses taught by an

off-campus instruction program. Students enrolled in a

course the cost of which is totally reimbursed from federal,

state or private sources shall not be included in the

calculation of full-time-equivalent student population."

Section 5. Section 21-16-10 NMSA 1978 (being Laws 1968,

Chapter 59, Section 3, as amended) is amended to read:

"21-16-10. APPROPRIATION--DISTRIBUTION.--

A. The higher education department shall recommend

an appropriation for each technical and vocational institute

based upon its financial requirements in relation to its

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authorized program and its available funds from

non-general fund sources; provided, the recommended

appropriation shall be an amount not less than three hundred

twenty-five dollars ($325) for each full-time-equivalent

student.

B. The higher education department shall by rule

provide for the method for calculating the number of

full-time-equivalent students in technical and vocational

institutes. No student shall be included in any calculation

of the number of full-time-equivalent students if the student

is enrolled in a course, the cost of which is totally

reimbursed from federal, state or private sources.

C. The higher education department shall not

recommend an appropriation greater than three hundred

twenty-five dollars ($325) for each full-time-equivalent

student for any technical and vocational institute that

levies a tax at a rate less than two dollars ($2.00), unless

a lower amount is required by operation of the rate

limitation provisions of Section 7-37-7.1 NMSA 1978 upon a

rate approved by the electors of at least two dollars ($2.00)

on each one thousand dollars ($1,000) of net taxable value,

as that term is defined in the Property Tax Code, or any

technical and vocational institute that reduces a previously

authorized tax levy, except as required by the operation of

the rate limitation provisions of Section 7-37-7.1 NMSA 1978.

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D. The board may establish and grant gratis

scholarships to students who are residents of New Mexico in an

amount not to exceed the matriculation fee or tuition and

fees, or both. The gratis scholarships are in addition to the

lottery tuition scholarships authorized in Section 21-16-10.1

NMSA 1978 and shall be granted to the full extent of available

funds before lottery tuition scholarships are granted. The

number of scholarships established and granted pursuant to

this subsection shall not exceed three percent of the

preceding fall semester enrollment in the technical and

vocational institute and shall not be established and granted

for summer sessions. The president of the technical and

vocational institute shall select and recommend to the board

as recipients of scholarships students who possess good moral

character and satisfactory initiative, scholastic standing and

personality. At least thirty-three and one-third percent of

the gratis scholarships established and granted by the board

each year shall be granted on the basis of financial need."