HOUSE BILL 240

54th legislature - STATE OF NEW MEXICO - second session, 2020

INTRODUCED BY

Tomás E. Salazar

 

 

 

 

 

AN ACT

RELATING TO BILINGUAL EDUCATION; ADDRESSING THE NEED FOR BILINGUAL EDUCATION FACULTY AT STATE INSTITUTIONS OF HIGHER EDUCATION; PROVIDING FINANCING MECHANISMS FOR NEW MEXICO RESIDENTS WHO WANT ACADEMIC CAREERS IN PREPARING CURRENT AND FUTURE TEACHERS IN BILINGUAL EDUCATION; PROVIDING SCHOLARSHIP AND LOAN REPAYMENT PROGRAMS FOR NEW MEXICO RESIDENTS; PROVIDING POWERS AND DUTIES; CREATING FUNDS; MAKING APPROPRIATIONS.

 

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

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 9 of this act may be cited as the "Bilingual Scholars Act".

     SECTION 2. [NEW MATERIAL] PURPOSE OF ACT.--It is the purpose of the Bilingual Scholars Act to encourage New Mexico residents who hold bachelor's or master's degrees in education to seek doctorates in bilingual education and to teach in state institutions of higher education enumerated in Article 12, Section 11 of the constitution of New Mexico.

     SECTION 3. [NEW MATERIAL] DEFINITIONS.--As used in the Bilingual Scholars Act:

          A. "academic year" means the consecutive period of two semesters, three quarters or other comparable units commencing with the fall term each year;

          B. "award recipient" means a student awarded a bilingual scholars scholarship;

          C. "bilingual education" includes bilingual or bilingual multicultural education, teaching English to speakers of other languages, American Indian education, educational linguistics or similarly titled degree that prepares the degree holder to teach teacher preparation students how to educate bilingual students;

          D. "department" means the higher education department;

          E. "eligible institution" means a state institution of higher education enumerated in Article 12, Section 11 of the constitution of New Mexico that has a doctoral program in bilingual education; and

          F. "satisfactory academic progress" means completion of at least eighteen credit hours per academic year for coursework and the minimum number of dissertation hours per semester required by the eligible institution and maintenance of a cumulative grade point average of a minimum of 3.0 or higher on a scale of 4.0.

     SECTION 4. [NEW MATERIAL] SCHOLARSHIP PROGRAM ESTABLISHED--DURATION--AMOUNT--TERMINATION.--

          A. The "bilingual scholarship program" is established in the department.

          B. Each scholarship is for a period of one academic year. The scholarship may be renewed annually until the award recipient has received no more than five annual scholarship awards or until the student graduates with a doctorate in bilingual education, whichever is earlier.

          C. Scholarship awards shall be in an amount sufficient to pay for tuition, required fees and instructional materials for an academic year.

          D. A scholarship is terminated upon the award recipient's:

                (1) withdrawal from the eligible institution, failure to re-enroll for consecutive academic years or failure to be a full-time graduate student; or

                 (2) substantial noncompliance with the provisions of the Bilingual Scholars Act and rules promulgated by the department in accordance with that act.

     SECTION 5. [NEW MATERIAL] CONDITIONS FOR FIRST-YEAR ELIGIBILITY.--

          A. A scholarship may be awarded to a person who:

                (1) has met the admission requirements and is accepted for enrollment as a full-time graduate student for a terminal doctorate degree at an eligible institution;

                (2) has a total combined family income of no more than sixty thousand dollars ($60,000) per year adjusted annually on January 1 to reflect any change from the previous year's then-current consumer price index for all urban consumers published by the bureau of labor statistics of the United States department of labor in either of the calendar years ending within the student's junior or senior year as an undergraduate or, in the case of a student whose immediate family has more than one family member enrolled full time in post-secondary education, a total combined family income of no more than an amount determined by the department to be per-student equivalent to the total combined family income for one student;

                (3) has complied with all the rules adopted by the department for award of the scholarship and the provisions regarding the administration of scholarships adopted pursuant to the Bilingual Scholars Act; and

                (4) is a resident of New Mexico.

          B. Ranked preference for scholarships shall be given to:

                (1) students whose bachelor's or master's degrees are in bilingual education; and

                (2) students who graduated with a state seal of bilingualism-biliteracy on their New Mexico diploma of excellence.

     SECTION 6. [NEW MATERIAL] CONDITIONS FOR CONTINUING ELIGIBILITY.--A scholarship may be re-awarded to a student who:

          A. was an award recipient the previous year;

          B. remains in good academic standing as determined by the eligible institution; and

          C. is enrolled as a full-time graduate student as determined by the eligible institution.

     SECTION 7. [NEW MATERIAL] CONTRACT BETWEEN AWARD RECIPIENTS AND DEPARTMENT--WHEN SCHOLARSHIP CONVERTED TO LOAN.--

          A. The contract between the award recipient and the department shall clearly state that the scholarship is being provided so that the state may increase the number of faculty qualified to teach bilingual education to college of education students at state institutions of higher education enumerated in Article 12, Section 11 of the constitution of New Mexico. Except as provided in Subsection B of this section, if a scholarship is terminated or if the award recipient does not have a full-time, tenure-track faculty position at a state institution of higher education enumerated in Article 12, Section 11 of the constitution of New Mexico within one year of earning a doctorate in bilingual education, the department shall convert the scholarship to a loan and shall collect the loan in the same manner and terms as provided for collection of loans pursuant to other loan for service programs of the department.

          B. If an award recipient is not hired for a faculty position as provided in Subsection A of this section, the award recipient may notify the department that the award recipient is seeking a full-time position in a public post-secondary educational institution in New Mexico that is not enumerated in the constitution of New Mexico or in a public school in New Mexico. If approved by the department, such employment shall suffice to maintain the money provided for the award recipient's education as a scholarship.

          C. If a scholarship is converted to a loan, loan payments shall be deposited to the credit of the bilingual scholars fund.

     SECTION 8. [NEW MATERIAL] FUND CREATED.--The "bilingual scholars fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, loan repayments, gifts, grants and donations. Money in the fund shall be expended only as provided by legislative appropriation. Expenditures from the fund shall be by warrant of the secretary of finance and administration on vouchers signed by the secretary of higher education or the secretary's authorized representative.

     SECTION 9. [NEW MATERIAL] RULES.--The department may adopt such rules as necessary to implement the provisions of the Bilingual Scholars Act. A financial aid officer may exercise professional judgment when special circumstances exist to adjust the cost of attendance or the expected family contribution or to modify other factors that make the bilingual scholarship program responsive to a student's special financial circumstances and for which documentation exists in the student's file within the parameters authorized for the bilingual scholarship program.

     SECTION 10. [NEW MATERIAL] SHORT TITLE.--Sections 10 through 17 of this act may be cited as the "Bilingual Education Doctoral Loan Repayment Act".

     SECTION 11. [NEW MATERIAL] PURPOSE.--The purpose of the Bilingual Education Doctoral Loan Repayment Act is to increase the number of bilingual education faculty in the colleges or schools of education at state institutions of higher education enumerated in Article 12, Section 11 of the constitution of New Mexico.

     SECTION 12. [NEW MATERIAL] DEFINITIONS.--As used in the Bilingual Education Doctoral Loan Repayment Act:

          A. "bilingual education" includes bilingual or bilingual multicultural education, teaching English to speakers of other languages, American Indian education, educational linguistics or similarly titled degree that prepares the degree holder to teach teacher preparation students how to educate bilingual students;

          B. "department" means the higher education department;

          C. "grant" means a bilingual education doctoral loan repayment grant;

          D. "loan" means a grant of money pursuant to a contract between a recipient and the federal government requiring repayment of principal with interest;

          E. "recipient" means a person who has successfully completed a doctorate in bilingual education at a regionally accredited university in the United States and has a full-time, tenure-track faculty position with a state institution and has received a grant from the department to defray the cost of student loans during the person's higher education;

          F. "state institution" means an institution of higher education enumerated in Article 12, Section 11 of the constitution of New Mexico; and

          G. "student loans" means loans to pay tuition, fees and instructional materials received to finance undergraduate or graduate degrees, or both, that lead to a doctorate in bilingual education.

     SECTION 13. [NEW MATERIAL] CONDITIONS FOR ELIGIBILITY.--The department may award a grant to a recipient who:

          A. has held a full-time, tenure-track faculty position in a state institution's college or school of education to teach bilingual education for at least two years prior to applying for a grant;

          B. has complied with the rules adopted by the department pursuant to the Bilingual Education Doctoral Loan Repayment Act; and

          C. owes student loans.

     SECTION 14. [NEW MATERIAL] BILINGUAL EDUCATION DOCTORAL LOAN REPAYMENT CONTRACTS AND TERMS.--

          A. A grant shall be evidenced by a contract between the recipient and the department and shall be signed by the recipient and an authorized representative of the department.

          B. The contract shall provide that in consideration for the department's payment of student loans up to twenty-five thousand dollars ($25,000) per year for no more than five years on behalf of the recipient, the recipient shall teach in a full-time, tenure-track faculty position at a state institution for a minimum of one year for each year a grant is awarded.

          C. Except as otherwise provided in this subsection, if a recipient fails to complete the contract terms during an academic year, that year's grant shall be repaid with an applied annual interest rate of eighteen percent and the recipient shall not be eligible for further grants under the program. The repayment shall become due to the department on behalf of the state immediately upon the recipient's termination or breach of the contract. The department may provide by rule for exceptional mitigating circumstances such as military service or major medical issues to forestall the conversion of a grant into a loan as provided in this section and may allow that recipient to enter into another contract upon return to a full-time, tenure-track faculty position.

          D. The department is vested with full and complete authority and power to sue in its own name for any balance due it and the state from a recipient violating the terms of a contract under the Bilingual Education Doctoral Loan Repayment Act.

          E. The following debts incurred by a recipient are not eligible for payment by the department under the Bilingual Education Doctoral Loan Repayment Act:

                (1) amounts incurred as a result of participation in state loan-for-service programs or other state programs whose purpose states that service is to be provided in exchange for financial assistance;

                (2) scholarships that have a service component or obligation;

                (3) personal loans from individuals or commercial lenders;

                (4) loans that exceed individual standard school expense levels; and

                (5) loans that are eligible for another state or federal loan repayment program.

     SECTION 15. [NEW MATERIAL] BILINGUAL EDUCATION DOCTORAL LOAN REPAYMENT FUND CREATED.--The "bilingual education doctoral loan repayment fund" is created as a nonreverting fund in the state treasury to provide grants to recipients. The fund consists of appropriations, repayments, gifts, public or private grants and donations. The fund shall be administered by the department and shall be expended only as provided by legislative appropriation. Expenditures 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.

     SECTION 16. [NEW MATERIAL] RULEMAKING.--The department shall adopt rules to implement the provisions of the Bilingual Education Doctoral Loan Repayment Act. The rules:

          A. shall provide procedures for awarding grants;

          B. shall provide procedures for determining the amount of each grant; and

          C. may provide for the disbursement of funds to a lender on behalf of a recipient in annual or other periodic installments.

     SECTION 17. [NEW MATERIAL] CANCELLATION.--The contract entered into between the recipient and the department may be canceled for any reasonable cause deemed sufficient by the department in accordance with its rules.

     SECTION 18. APPROPRIATIONS.--

          A. One million five hundred thousand dollars ($1,500,000) is appropriated from the general fund to the bilingual scholars fund for expenditure in fiscal years 2021 through 2025 to pay educational expenses for at least ten bilingual education doctoral students as provided in the Bilingual Scholars Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

          B. Five hundred thousand dollars ($500,000) is appropriated from the general fund to the bilingual education doctoral loan repayment fund for expenditure in fiscal year 2021 and subsequent fiscal years to provide grants to state institution professors of bilingual education who meet the requirements of the Bilingual Education Doctoral Loan Repayment Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

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