SENATE JOINT MEMORIAL 58

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Stephen H. Fischmann

A JOINT MEMORIAL

REQUESTING THE HIGHER EDUCATION DEPARTMENT TO REPORT TO THE LEGISLATURE ON THE PROGRESS OF IMPLEMENTING THE PROVISIONS OF THE POST-SECONDARY EDUCATION ARTICULATION ACT, ENACTED IN 1995, AND THE PROVISIONS OF AGREEMENTS BETWEEN STATE EDUCATIONAL INSTITUTIONS AND THEIR BRANCH COMMUNITY COLLEGES REQUIRING CREDIT TRANSFER, ENACTED IN 1963, AND TO RECOMMEND FUNDING FORMULA AND OTHER PENALTIES FOR STATE EDUCATIONAL INSTITUTIONS THAT DO NOT ABIDE BY THE STATUTORILY REQUIRED STATEWIDE ARTICULATION AGREEMENTS AND APPLICABLE BRANCH COMMUNITY COLLEGE AGREEMENTS.

     WHEREAS, since the growth of branch and independent community colleges, the legislature has been concerned with the issues of post-secondary education articulation, or the transfer of course credit from one educational institution to another; and

     WHEREAS, in 1963, the legislature enacted what is now Section 21-14-2 NMSA 1978, which provides that agreements between branch community colleges and their parent educational institutions must include the provision that "the higher education institution...honor all credits earned by students as though they were earned on the parent campus"; and

     WHEREAS, in 1995, the legislature enacted the Post-Secondary Education Articulation Act, which spelled out the requirements for articulation agreements, including a common course naming and numbering system for courses identified as substantially equivalent lower-division courses and the establishment of a process to identify courses as substantially equivalent; and

     WHEREAS, institutions were required to develop transfer modules that include a common general education core component and that include a comprehensive array of lower-division college-level courses designed to demonstrate skills in communication, mathematics, science, social and behavioral science, humanities, fine arts or comparable areas of study coordinated for the purpose of providing a foundation for a liberal education for all programs normally leading to a baccalaureate degree; and

     WHEREAS, the law requires that the general education core transfer as a block and count as required lower-division coursework toward a degree, and any course in the core shall be transferable and shall count as credit hours toward fulfilling an institution's general education core requirements; and

     WHEREAS, the law also provides for discipline modules that consist of an agreed-upon number of hours and courses, including the general education core, applicable to the discipline, and any course within the discipline module is transferable and shall count toward fulfilling degree requirements at a four-year institution; and

     WHEREAS, despite long-standing law, there is still no consistency with New Mexico's four-year institutions as to which community college courses are included in their transfer or discipline modules; and

     WHEREAS, when courses are not transferred, both the students and the state pay twice, basically, for the same course, once at a community college and again at the university that did not recognize the course for credit or as a prerequisite course; and

     WHEREAS, students lose time having to take courses over, prolonging their educational time and delaying the start of their careers; and

     WHEREAS, many education experts believe that the longer it takes to graduate, the less likely someone is to graduate; and

     WHEREAS, New Mexico students deserve to know in advance whether state universities will honor their community college coursework, and community colleges must do a better job of communicating that information to their students; and

     WHEREAS, the Post-Secondary Education Articulation Act allows for remedies for students if a student's articulation complaint regarding courses contained in a module is upheld, but the complaint process is laborious and discouraging; and

     WHEREAS, publicly funded colleges and universities should obey the law or face significant penalties when they do not have in place signed articulation agreements or they do not honor those agreements or their branch community college agreements;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the higher education department be requested to report to the legislature on the progress of implementing the provisions of the Post-Secondary Education Articulation Act, enacted in 1995, and provisions of agreements between state educational institutions and their branch community colleges requiring credit transfer, enacted in 1963, and to recommend funding formula and other penalties for state educational institutions that do not abide by the statutorily required statewide articulation agreements and applicable branch community college agreements; and

     BE IT FURTHER RESOLVED that all public post-secondary educational institutions cooperate with the higher education department and provide any information requested by the department in furtherance of this legislative request; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of higher education for appropriate distribution and to the legislative education study committee and the legislative finance committee.

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