HOUSE BILL 214

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Nora Espinoza

AN ACT

RELATING TO EDUCATION; ESTABLISHING ELIGIBILITY FOR STUDENTS ENROLLED IN A PRIVATE SCHOOL OR HOME SCHOOL TO PARTICIPATE IN THE DUAL CREDIT PROGRAM.

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, 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 in 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, private school, state-supported school, [or] bureau of Indian education high school or home 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, private school, state-supported school or bureau of Indian education high school or a home school parent 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,

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. The school district in which the student's parent or legal guardian resides shall pay the cost of the required textbooks and other course supplies for the post-secondary course that the private school or home school student is enrolled in through an allocation from the instructional material bureau of the public education department pursuant to the Instructional Material Law. 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.] F. 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.] G. 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.] H. 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, private schools, state-supported schools, bureau of Indian education high schools, public post-secondary educational institutions, home school parents and tribal colleges, that govern the roles, responsibilities and liabilities of the school district, charter school, private school, state-supported school or bureau of Indian education high school; the public post-secondary educational 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, private schools, state-supported schools, bureau of Indian education high schools, home school students, 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, private schools, 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.] I. 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, private schools, state-supported schools, bureau of Indian education high schools, home school students, public post-secondary educational institutions and tribal colleges.

          [I.] J. The departments shall make an annual report, including recommendations, to the governor and the legislature.

          [J.] K. The provisions of this section do not apply to the New Mexico military institute."

     SECTION 2. Section 21-13-19 NMSA 1978 (being Laws 1968, Chapter 70, Section 2, as amended) is amended to read:

     "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 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. All of the gratis scholarships established and granted by each community college board each 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, except for textbook costs, which shall be paid from the allocation to the fund from which dual credit textbooks are paid."

- 9 -