SENATE BILL 286

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Jacob R. Candelaria

 

 

 

 

 

AN ACT

RELATING TO HIGHER EDUCATION; ALLOWING COMMUNITY COLLEGES AND TECHNICAL AND VOCATIONAL INSTITUTES TO OFFER BACHELOR'S OF SCIENCE DEGREES.

 

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

     SECTION 1. Section 21-13-2 NMSA 1978 (being Laws 1963, Chapter 17, Section 2, as amended) is amended to read:

     "21-13-2. DEFINITIONS.--As used in the Community College Act:

          A. "community college" means a public educational institution that, except as provided in Section 3 of this 2019 act, provides not to exceed two years of training in the arts, sciences and humanities beyond the twelfth grade of the public high school curriculum or, in lieu of that training or in addition to it, not to exceed two years of a vocational and technical curriculum and appropriate courses of study for persons who may or may not have completed the twelfth grade of public high school;

          B. "community college district" means a district in which a community college is located, which district is composed of the territory of one or more school districts of the state. For the purposes of relating community college districts to existing law, community college districts and the community colleges thereof shall not:

                (1) be considered a part of the uniform system of free public schools pursuant to Article 12, Section 1 and Article 21, Section 4 of the constitution of New Mexico;

                (2) benefit from the permanent school fund and from the current school fund under Article 12, Sections 2 and 4 of the constitution of New Mexico;

                (3) be subject, except as it relates to technical and vocational education, to the control, management and direction of the [state board of] public education department under Article 12, Section 6 of the constitution of New Mexico; and

                (4) be considered school districts insofar as the restrictions of Article 9, Section 11 of the constitution of New Mexico are concerned; and

          C. "qualified elector" means a person otherwise eligible to vote within the community college district."

     SECTION 2. Section 21-13-12 NMSA 1978 (being Laws 1963, Chapter 17, Section 11, as amended) is amended to read:

     "21-13-12. DEGREES AND CERTIFICATES AWARDED.--

          A. The community college board of a community college may award the appropriate degree upon the completion of a curriculum organized for that purpose and approved by the [commission on] higher education department. An associate degree or certificate may be awarded only to students as recommended by the faculty, the chief academic officer and the president of the community college as having completed satisfactorily the prescribed course of study. A bachelor of science in nursing may be awarded to students who have successfully completed the prescribed course of study and who are recommended by the nursing faculty, the chief academic officer and the president of the community college.

          B. The community college board may award an appropriate certificate upon completion of an education curriculum and program leading to alternative certification for degreed [individuals] persons pursuant to [Section 22-10-3.5 NMSA 1978] the School Personnel Act or certification of educational assistant and coursework in elementary and secondary education professional development. The curriculum and program leading to alternative certification or certification of educational assistant shall be approved by the [state board of] public education department."

     SECTION 3. A new section of the Community College Act is enacted to read:

     "[NEW MATERIAL] BACHELOR'S OF SCIENCE IN NURSING DEGREE.--A community college that has a nursing program on July 1, 2019 and awards associate degrees in nursing may extend that program to offer a bachelor's of science in nursing degree. The extended program first shall be approved by the higher education department and shall be accredited by the appropriate accrediting body as a bachelor's level degree in nursing. As used in this section, "accredited" means the nursing program has applied for initial accreditation or is fully accredited."

     SECTION 4. Section 21-16-2 NMSA 1978 (being Laws 1963, Chapter 108, Section 2, as amended) is amended to read:

     "21-16-2. DEFINITIONS.--As used in [Chapter 21, Article 16 NMSA 1978] the Technical and Vocational Institute Act:

          A. "technical and vocational institute" means a public educational institution, including a post-secondary educational institution organized before July 1, 1999 as an area vocational school pursuant to Chapter 21, Article 17 NMSA 1978 that, except as provided in Section 6 of this 2019 act, provides [not to exceed] two years of vocational and technical curricula and, in addition, some appropriate courses and programs in the arts and sciences;

          B. "board" means the governing board of the district;

          C. "full-time-equivalent student" means that term as it is defined [in Section 21-16-9 NMSA 1978] 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;

          D. "school district" means that term as it is defined in Subsection [J] R of Section 22-1-2 NMSA 1978; and

          E. "district" means a technical and vocational institute district."

     SECTION 5. Section 21-16-6 NMSA 1978 (being Laws 1963, Chapter 108, Section 6, as amended) is amended to read:

     "21-16-6. BOARD--POWERS AND DUTIES.--

          A. The board shall:

                (1) determine the financial and educational policies of the technical and vocational institute and provide for the execution of these policies by selecting a competent president for the institute and, upon the president's recommendation, shall employ other administrative personnel, instructional staff or other personnel as may be needed for the operation, maintenance and administration of the institute;

                (2) fix fee rates and tuition rates for students;

                (3) have authority to issue certificates of proficiency;

                (4) have authority to issue associate of arts, associate of science and associate of applied science degrees; provided that associate degree programs shall be approved by the [commission on] higher education department;

                (5) have authority to issue bachelor's of science in nursing degrees as provided in Section 6 of this 2019 act;

                [(5)] (6) have authority to accept gifts, receive federal aid or other aid and purchase, hold, sell and rent property and equipment in the name of the technical and vocational institute district;

                [(6)] (7) promote the general welfare of the technical and vocational institute for the best interest of educational service to the people of the technical and vocational institute district; and

                [(7)] (8) adopt a name for or change the name of the technical and vocational institute or the institute's campuses, provided no name is adopted in honor of a living person.

          B. Whenever the board changes the name of a technical vocational institute or the institute's campuses:

                (1) functions, personnel, appropriations, money, records, equipment and other property of the formerly named institute or campuses shall be transferred to the newly named institute or campuses;

                (2) existing contracts and agreements in effect as to the formerly named institute or campuses shall be binding on the newly named institute or campuses; and

                (3) references in state or local law to the formerly named institute or campuses shall be deemed to refer to the newly named institute or campuses."

     SECTION 6. A new section of the Technical and Vocational Institute Act is enacted to read:

     "[NEW MATERIAL] BACHELOR'S OF SCIENCE IN NURSING DEGREE.--A technical and vocational institute that has a nursing program on July 1, 2019 and awards associate degrees in nursing may extend that program to offer a bachelor's of science in nursing degree. The extended program first shall be approved by the higher education department and shall be accredited by the appropriate accrediting body as a bachelor's level degree in nursing. As used in this section, "accredited" means the nursing program has applied for initial accreditation or is fully accredited."

     SECTION 7. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

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