HOUSE BILL 50

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Ray Begaye

FOR THE INDIAN AFFAIRS COMMITTEE

AN ACT

RELATING TO HIGHER EDUCATION; ENACTING THE AMERICAN INDIAN POST-SECONDARY EDUCATION ACT; CREATING A DIVISION IN THE HIGHER EDUCATION DEPARTMENT; PROVIDING POWERS AND DUTIES; CREATING A FUND; AUTHORIZING MEMORANDA OF UNDERSTANDING BETWEEN THE DEPARTMENT AND TRIBAL COLLEGES AND FEDERAL BUREAU OF INDIAN EDUCATION SCHOOLS; EXPANDING DUAL CREDIT FOR HIGH SCHOOL AND POST-SECONDARY CLASSES TO FEDERAL BUREAU OF INDIAN EDUCATION SCHOOLS; AUTHORIZING DUAL CREDIT AGREEMENTS BETWEEN PUBLIC POST-SECONDARY EDUCATIONAL INSTITUTIONS, TRIBAL COLLEGES AND FEDERAL BUREAU OF INDIAN EDUCATION HIGH SCHOOLS; MAKING AN APPROPRIATION.

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

     Section 1. Section 9-25-4 NMSA 1978 (being Laws 2005, Chapter 289, Section 4, as amended) is amended to read:

     "9-25-4. DEPARTMENT CREATED.--

          A. The "higher education department" is created in the executive branch. The department is a cabinet department and includes the following divisions:

                (1) the administrative services division;

                (2) the planning and research division;

                (3) the financial aid division;

                (4) the public information and communications division;

                (5) the adult basic education division;

                (6) the information technology division;

                (7) the private and proprietary schools division; [and]

                (8) the public schools liaison division; and                (9) the American Indian post-secondary education division.

          B. The secretary may organize the department and divisions of the department and may transfer or merge functions between divisions and bureaus in the interest of efficiency and economy."

     Section 2. [NEW MATERIAL] SHORT TITLE.--Sections 2 through 7 of this act may be cited as the "American Indian Post-Secondary Education Act".

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

          A. "bureau of Indian education school" means a school located in New Mexico that is under the control of the bureau of Indian education of the United States department of the interior;

          B. "department" means the higher education department;

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

          D. "fund" means the American Indian post-secondary education fund;

          E. "public post-secondary educational institution" means an institution of higher education delineated in Article 12, Section 11 of the constitution of New Mexico or a community college, branch community college or technical and vocational institute organized pursuant to Chapter 21, Article 13, 14 or 16 NMSA 1978;

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

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

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

     Section 4. [NEW MATERIAL] DEPARTMENT RULES--MEMORANDA OF UNDERSTANDING.--

          A. The department shall consult with tribes, bureau of Indian education schools and tribal colleges when adopting rules to carry out the provisions of the American Indian Post-Secondary Education Act.

          B. The secretary may enter into memoranda of understanding with tribal colleges, bureau of Indian education schools and tribes for data collection and data sharing and for other matters related to implementation of the American Indian Post-Secondary Education Act.

     Section 5. [NEW MATERIAL] AMERICAN INDIAN POST-SECONDARY EDUCATION DIVISION DUTIES.--

          A. The division shall:

                (1) develop and implement policies that positively affect the post-secondary educational success of American Indian students;

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

                (3) seek funding to assist public educational institutions and tribal colleges as needed to develop support services to increase the enrollment, retention and graduation rates of American Indians at public post-secondary educational institutions and tribal colleges, including:

                     (a) academic support and transition programs; and

                     (b) institutional efforts to increase 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 public post-secondary educational institutions and tribal colleges;

                (5) conduct outreach to tribes concerning financial aid opportunities for American Indian students; and

                (6) facilitate dual credit practices and agreements and articulation agreements between public post-secondary educational institutions, tribal colleges and bureau of Indian education schools.

          B. The director of the division shall serve as a liaison with the Indian education advisory council.

     Section 6. [NEW MATERIAL] REPORTS.--

          A. Each public post-secondary educational institution shall submit an annual American Indian post-secondary education status report to the division. The department may enter into agreements with tribal colleges to provide the same annual status reports. The status reports shall be submitted in a form prescribed by the division and shall include the following information through which American Indian post-secondary educational performance is measured and aligned with the higher education strategic priorities:

                (1) student recruitment;

                (2) student retention;

                (3) student attrition;

                (4) remediation needs, by course type;

                (5) graduation rate and types and fields of degrees;

                (6) student financial aid data, including student demographic data; and

                (7) annual goals and objectives of American Indian education programs, including graduate-level participation by American Indians.

          B. The division shall compile the data collected pursuant to Subsection A of this section and publish an annual state American Indian post-secondary education status report.

     Section 7. [NEW MATERIAL] AMERICAN INDIAN POST-SECONDARY EDUCATION FUND CREATED--GRANTS--APPLICATIONS.--

          A. The "American Indian post-secondary education 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 fund shall be administered by the department, and money in the fund is appropriated to the department to carry out the purposes of the American Indian Post-Secondary Education Act. Disbursements from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of higher education 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 public post-secondary educational institutions and tribal colleges, academic support and transition programs and other projects approved by the division.

          C. Applications for grants shall be in the form prescribed by the division. The division, with the secretary's approval, shall promulgate rules on the grant application and award process, including:

                (1) who may apply for grants;

                (2) information required in the application process;

                (3) how applications will be evaluated and awarded;

                (4) accounting and financial reporting requirements for grantees;

                (5) reporting requirements on the use of a grant and the outcomes of the special project funded by the grant; and

                (6) any other information deemed necessary by the division.

     Section 8. Section 21-1-1.2 NMSA 1978 (being Laws 2007, Chapter 227, Section 1, as amended) is amended to read:

     "21-1-1.2. DUAL CREDIT FOR HIGH SCHOOL AND

POST-SECONDARY CLASSES.--

          A. As used in this section:

                (1) "bureau of Indian education high school" means a school located in New Mexico that is under the control of the bureau of Indian education of the United States department of the interior;

                (2) "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 or tribal college 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; and

                (3) "tribal college" means a tribally, federally or congressionally chartered post-secondary educational institution located within New Mexico that is accredited by the north central association of colleges and schools.

          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 or bureau of Indian education high 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 the head administrator of a charter school, [or] state-supported school or bureau of Indian education high 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 or bureau of Indian education high 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 tribal college or through other cost-efficient methods. The student shall return the textbooks and unused course supplies to the school district, charter school, state-supported school or bureau of Indian education high school when the student completes the course or withdraws from the course.

          E. A public post-secondary educational institution or tribal college 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 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] bureau of Indian education high schools, public post-secondary educational institutions and tribal colleges, that govern the roles, responsibilities and liabilities of the school district, charter school, [or] state-supported school or bureau of Indian education high school; the institution or tribal college; 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] bureau of Indian education high schools, public post-secondary educational institutions and tribal colleges;

                     (c) the courses taken and grades earned;

                     (d) the high school graduation rates for participating school districts, charter schools, [and] state-supported schools and bureau of Indian education high schools;

                     (e) the public post-secondary educational institutions and tribal colleges that participating students ultimately attend; and

                     (f) the cost of providing dual credit 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] bureau of Indian education high schools, public post-secondary educational institutions and tribal colleges.

          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."

     Section 9. APPROPRIATION.--One million dollars ($1,000,000) is appropriated from the general fund to the higher education department for expenditure in fiscal year 2010 for operational expenses related to the creation of the American Indian post-secondary education division and the development of a data collection and data-sharing system for public post-secondary educational institutions and tribal colleges. Any unexpended or unencumbered balance remaining at the end of fiscal year 2010 shall revert to the general fund.

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