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AN ACT
RELATING TO EDUCATION; INCLUDING STATE-SUPPORTED SCHOOLS IN
THE DUAL CREDIT PROGRAM; PROVIDING FOR DUAL CREDIT COURSES TO
BE TAKEN IN THE SUMMER TERM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 21-1-1.2 NMSA 1978 (being Laws 2007,
Chapter 227, Section 1) is amended to read:
"21-1-1.2. 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) except as provided in Subsection C of
this section, be enrolled in a regular public school, charter
school or state-supported 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
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counselor, the school principal or head administrator of a
charter school or state-supported school prior to enrolling
in a dual credit course.
C. A student who has met the eligibility criteria
provided for in Subsection B of this section in a fall or
winter semester, and who has not graduated or earned a
general educational development certificate, may take courses
for dual credit during the immediately succeeding summer
semester.
D. The school district, charter school or
state-supported 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.
E. A public post-secondary educational institution
that participates in a dual credit program shall waive all
general fees for dual credit courses.
F. The higher education department shall revise
procedures in the higher education funding formula to address
enrollments in dual credit courses and to encourage
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institutions to waive tuition for high school students taking
those courses.
G. 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;
(b) the semesters in which dual credit
courses may be taken;
(c) the nature of high school credit
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, state-supported schools and the public
post-secondary educational institutions, that govern the
roles, responsibilities and liabilities of the school
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district, charter school or state-supported 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:
(a) the number of students taking dual
credit courses;
(b) the participating school districts,
charter schools, state-supported schools and public
post-secondary educational institutions;
(c) the courses taken and grades
earned;
(d) the high school graduation rates
for participating school districts, charter schools and
state-supported schools;
(e) the public post-secondary
educational institutions that participating students
ultimately attend; and
(f) the cost of providing dual credit
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courses.
H. The higher education department and the public
education department shall evaluate the dual credit program
in terms of its accessibility to students statewide and its
effect on:
(1) student achievement in secondary
education;
(2) student enrollment and completion of
higher education; and
(3) school districts, charter schools,
state-supported schools and public post-secondary educational
institutions.
I. The departments shall make an annual report,
including recommendations, to the governor and the
legislature.
J. The provisions of this section do not apply to
the New Mexico military institute."