SENATE EDUCATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 206

51st legislature - STATE OF NEW MEXICO - second session, 2014

AN ACT

RELATING TO HIGHER EDUCATION; PROVIDING FOR THE WAIVER OF TUITION AND FEES AT PUBLIC POST-SECONDARY EDUCATIONAL INSTITUTIONS FOR STUDENTS WHO HAVE BEEN IN THE FOSTER CARE SYSTEM.

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

     SECTION 1. A new section of Chapter 21 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] FOSTER CHILD TUITION AND FEE WAIVER ELIGIBILITY--NOTIFICATION.--

          A. The state educational institutions set forth in Article 12, Section 11 of the constitution of New Mexico and their branches, community colleges as provided in Chapter 21, Article 13 NMSA 1978 and technical and vocational institutes as provided in Chapter 21, Article 16 NMSA 1978 shall not charge tuition or fees pursuant to Section 21-1-4 NMSA 1978 to a student:

                (1) for whom the children, youth and families department provides certification that the student was in the legal custody of the children, youth and families department pursuant to the Children's Code or for whom a New Mexico Indian nation, tribe, or pueblo or the United States department of the interior bureau of Indian affairs division of human services provides certification that the student was in the legal custody of a New Mexico Indian nation, tribe or pueblo or the United States department of the interior bureau of Indian affairs division of human services:

                     (a) on the day preceding the student's eighteenth birthday;

                     (b) on or after the day of the student's fourteenth birthday and the student's parents' rights were relinquished or terminated at that time; or

                     (c) on the day the student graduated from a high school in the state or received a high school equivalency certificate in the state; and

                (2) who enrolls in one of the state educational institutions set forth in Article 12, Section 11 of the constitution of New Mexico and their branches, community colleges as provided in Chapter 21, Article 13 NMSA 1978 and technical and vocational institutes as provided in Chapter 21, Article 16 NMSA 1978 no later than the day of the student's twenty-fifth birthday.

          B. The higher education department shall collaborate with the children, youth and families department, the New Mexico Indian nations, tribes or pueblos and the United States department of the interior bureau of Indian affairs division of human services to ensure that middle school and high school students who are or have been in the legal custody of the children, youth and families department, a New Mexico Indian nation, tribe or pueblo or the United States department of the interior bureau of Indian affairs division of human services learn about the provisions of this section."

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