0001| HOUSE BILL 36
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| DANICE PICRAUX
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0006|
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0007|
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0008| FOR THE EXCELLENCE IN HIGHER EDUCATION COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO EDUCATION; PROVIDING FOR PERFORMANCE REVIEW AND
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0012| ACCOUNTABILITY OF POST-SECONDARY EDUCATIONAL INSTITUTIONS;
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0013| PROVIDING FOR JOINT PLANNING BETWEEN THE COMMISSION ON HIGHER
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0014| EDUCATION AND THE STATE BOARD OF EDUCATION; AMENDING,
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0015| REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING
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0016| APPROPRIATIONS.
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0017|
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0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0019| Section 1. Section 21-1-26 NMSA 1978 (being Laws 1951,
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0020| Chapter 190, Section 1, as amended) is amended to read:
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0021| "21-1-26. COMMISSION ON HIGHER EDUCATION CREATED--
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0022| POWERS.--
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0023| A. There is created a "commission on higher
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0024| education" whose function is to provide for a coordinated
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0025| system of post-secondary education and to deal with the
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0001| problems of finance of those educational institutions
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0002| designated in Article 12, Section 11 of the constitution of
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0003| New Mexico and other post-secondary educational institutions
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0004| created by law. The commission shall:
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0005| (1) conduct a cooperative program of
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0006| statewide planning and evaluation of:
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0007| (a) the needs for post-secondary
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0008| education;
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0009| (b) the resources of the post-secondary
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0010| educational institutions to meet those needs;
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0011| (c) the performance of the institutions
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0012| in meeting those needs consistent with their respective
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0013| missions;
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0014| (d) the use of information technologies
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0015| to enhance quality and effectiveness in delivering post-
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0016| secondary educational services; and
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0017| (e) the opportunities to improve access,
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0018| quality and effectiveness by expanding, reducing, improving,
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0019| creating or eliminating programs or institutions in accordance
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0020| with all legal obligations to enrolled students;
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0021| [(1)] (2) be concerned with the adequate
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0022| financing of these institutions and with the equitable
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0023| distribution of available funds among them, considering the
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0024| educational needs of the state and the missions of the
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0025| respective institutions;
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0001| [(2) be authorized to receive funding for
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the in-plant development training program and to administer
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the funds in accordance with the provisions of Section 21-19-7
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NMSA 1978;]
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0005| (3) receive, adjust and approve the budgets
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0006| submitted by these institutions prior to the submission of
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0007| these budgets to the state budget division of the department
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0008| of finance and administration;
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0009| (4) develop and maintain programs, on a
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0010| regular basis, for the orientation and in-service education of
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0011| members of the boards of regents and governing boards of the
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0012| various educational institutions [designated in Article 12,
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Section 11 of the constitution of New Mexico], including
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0014| assistance to the institutions in how to conduct periodic
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0015| review of their institutions' missions and the consistency of
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0016| educational programs with their missions; and
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0017| (5) exercise such other powers as may be
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0018| granted it by law.
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0019| B. Notwithstanding any other provisions of law,
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0020| the commission on higher education, which is a commission
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0021| broadly representative of the public and of [institutions of
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higher education] post-secondary educational institutions,
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0023| may be designated by the governor to administer certain
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0024| funds furnished under acts of congress for [those] post-
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0025| secondary educational institutions [enumerated in Article
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12, Section 11 of the constitution of New Mexico and for any
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other educational institutions over which the commission has
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been granted approval authority or supervisory powers or
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both].
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0005| C. The commission on higher education is also
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0006| charged with oversight of all private post-secondary
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0007| educational institutions operating within the state."
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0008| Section 2. Section 21-2-5 NMSA 1978 (being Laws 1973,
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0009| Chapter 233, Section 5) is amended to read:
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0010| "21-2-5. STATEWIDE PLANNING.--The state commission shall
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0011| carry out a continuing program of statewide planning for post-
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0012| secondary education in consultation with post-secondary
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0013| educational institutions. Planning activities shall include:
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0014| A. assessment of present and projected needs for
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0015| the various types of post-secondary education in all parts of
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0016| the state;
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0017| B. assessment of existing capabilities and
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0018| facilities for the provision of the various types of post-
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0019| secondary education and the [utilization] use of these
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0020| capabilities and facilities;
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0021| [C. analysis of the effectiveness and
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productivity of post-secondary educational programs and an
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identification of marginal programs and of unnecessary or
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excessive duplication of programs;]
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0025| C. development and publication of recommended
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0001| criteria for the analysis of the effectiveness and
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0002| productivity of post-secondary educational programs and use of
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0003| the criteria to identify potentially marginal, unnecessary or
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0004| excessively duplicative programs;
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0005| D. periodic review of degree programs for their
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0006| productivity and effectiveness in relationship to their
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0007| institutions' overall performance;
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0008| [D.] E. analysis of the most effective means
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0009| of [utilizing] using all existing institutions and
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0010| programs to meet the present and projected needs for the
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0011| various types of post-secondary education;
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0012| [E.] F. identification of cases where
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0013| expansion or improvement of existing institutions and
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0014| programs, contraction or elimination of existing institutions
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0015| and programs and establishment of new institutions and
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0016| programs are needed in order to meet the present and projected
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0017| needs for post-secondary education on a statewide basis in an
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0018| effective and efficient manner;
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0019| [F.] G. identification of steps required to
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0020| coordinate the activities of the various institutions and
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0021| programs of post-secondary education in order that they will
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0022| be most effective and efficient in meeting the statewide
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0023| needs;
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0024| [G.] H. development of strategies for infusing
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0025| occupational education and career education into the
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0001| educational system at all levels on an equal basis with
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0002| traditional academic education;
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0003| [H.] I. development of logical, consistent and
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0004| equitable organizational and fiscal provisions for the
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0005| operation of post-secondary education and for the effective
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0006| [utilization] use of federal, state and local funding
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0007| available for [such] post-secondary education;
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0008| [I.] J. the making of specific recommendations
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0009| to the cognizant governing authorities of post-secondary
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0010| educational institutions and programs as to the steps
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0011| necessary to adjust the operations of the particular
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0012| institution or program in order that [they] it will best
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0013| serve a coordinated statewide system of post-secondary
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0014| education meeting the statewide needs for post-secondary
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0015| education;
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0016| [J.] K. the making of recommendations to
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0017| appropriate state executive agencies and to the legislature
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0018| regarding the legislation and the administrative actions
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0019| necessary to implement a coordinated statewide system of post-
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0020| secondary education;
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0021| [K.] L. the making of recommendations to the
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0022| executive and to the legislature [which] that provide
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0023| consistent standards for determining the necessary
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0024| appropriation from the state general fund to implement the
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0025| planned system of post-secondary education. [Such] These
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0001| standards shall pertain to [but not necessarily be limited
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to]:
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0003| (1) all income to the institution or to [any
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connected] a corporation connected to the institution
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0005| from any source whatsoever, except that gifts, donations,
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0006| private endowments or other gratuities received by an
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0007| institution shall not be used in any manner as a substitute
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0008| for public funds;
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0009| (2) all balances, whether fund balances or
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0010| cash balances, and the operational need for [such] the
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0011| balances;
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0012| (3) the consistent application of overhead
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0013| income among institutions;
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0014| (4) full-time equivalent [(FTE)] student
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0015| costs by level of instruction and subject area;
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0016| (5) an equitable distribution of funds to
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0017| support research and public service;
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0018| (6) expenditures and revenues necessary for
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0019| operation of each auxiliary enterprise;
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0020| (7) the translation of institutional internal
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0021| accounts to the [board of educational finance] commission
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0022| on higher education budget forms;
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0023| (8) funding of intercollegiate athletics; and
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0024| (9) funding of institutional branches and
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0025| other state vocational facilities; and
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0001| [L.] M. tuition equalization grants to
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0002| students."
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0003| Section 3. Section 21-2-6 NMSA 1978 (being Laws 1978,
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0004| Chapter 54, Section 1, as amended) is amended to read:
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0005| "21-2-6. STATEWIDE PLANNING--PARTICIPATING AGENCIES AND
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0006| PERSONS.--
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0007| A. The state commission in carrying out its
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0008| planning activities for post-secondary education shall consult
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0009| with and invite the active participation of:
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0010| (1) representatives of post-secondary
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0011| educational institutions of the several types enumerated in
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0012| Paragraph (2) of Subsection A of Section 21-2-2 NMSA 1978;
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0013| (2) the state board of education;
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0014| (3) the state department of public education;
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0015| (4) representatives of public and private
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0016| elementary and secondary schools;
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0017| (5) the secretary of labor;
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0018| (6) the tourism department;
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0019| (7) the apprenticeship council;
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0020| (8) the economic development department;
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0021| [(9) the state advisory council on
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vocational education
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(10)] (9) the secretary of finance and
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0024| administration or his designee;
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0025| [(11)] (10) persons familiar with the
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0001| [education] educational needs of the disadvantaged, of the
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0002| handicapped and of minority groups;
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0003| [(12)] (11) representatives of business,
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0004| industry, organized labor and agriculture;
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0005| [(13)] (12) the general public; and
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0006| [(14)] (13) private in-state post-
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0007| secondary institutions.
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0008| B. Whenever the planning activities carried out
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0009| under the provisions of Section 21-2-5 NMSA 1978 are concerned
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0010| with the types of post-secondary education enumerated in
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0011| Subparagraphs (a) through (e) of Paragraph (1) of Subsection A
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0012| of Section 21-2-2 NMSA 1978, the state commission shall
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0013| directly involve the state board of education [and], the
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0014| state department of public education and other interested
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0015| parties in all planning activities. The commission and the
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0016| state board of education shall jointly plan and implement
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0017| improvements in secondary education to facilitate a successful
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0018| transition by students from secondary school to post-secondary
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0019| education and in the pre-service and in-service education of
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0020| public school teachers."
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0021| Section 4. [NEW MATERIAL] ACCOUNTABILITY REPORT.--
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0022| A. In order to foster the preservation,
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0023| transmittal and advancement of knowledge by the state's post-
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0024| secondary educational institutions, the commission on higher
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0025| education shall cooperate with the post-secondary educational
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0001| institutions and publish an accountability report. The
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0002| purposes of the report are to:
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0003| (1) provide information to potential students
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0004| and citizens on the nature and performance of individual
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0005| institutions and the state's system of post-secondary
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0006| education;
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0007| (2) foster effective use of state resources
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0008| for post-secondary education; and
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0009| (3) ensure that post-secondary educational
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0010| institutions evaluate and account for their performances.
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0011| B. The commission shall submit the accountability
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0012| report to the governor and to the legislature by December 31
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0013| of each even-numbered year. A draft of the report shall be
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0014| distributed for review and comment to each public post-
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0015| secondary educational institution prior to submission to the
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0016| governor and the legislature.
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0017| C. The commission shall determine the content and
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0018| format of the accountability report in consultation with the
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0019| post-secondary educational institutions. The report shall
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0020| include the analyses of the following:
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0021| (1) the preparedness of high school students
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0022| for post-secondary education;
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0023| (2) the transition of secondary education
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0024| students to post-secondary education and two-year post-
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0025| secondary students to four-year post-secondary educational
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0001| institutions;
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0002| (3) the retention of students;
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0003| (4) rates of completing programs or other
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0004| measures of attainment of the students' educational goals;
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0005| (5) summaries and explanations of performance
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0006| and effectiveness measures and cost of post-secondary
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0007| education;
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0008| (6) measures of participation and success of
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0009| students historically underrepresented in or having special
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0010| needs in post-secondary education; and
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0011| (7) any other appropriate measures.
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0012| D. The commission shall not make recommendations
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0013| for certification, appropriations or fund distributions for
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0014| post-secondary educational institutions that have not
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0015| submitted information and cooperated with the commission in
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0016| the preparation of the accountability report.
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0017| Section 5. A new section of the Public School Code is
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0018| enacted to read:
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0019| "[NEW MATERIAL] STATE BOARD--ADDITIONAL DUTIES.--In
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0020| collaboration with the commission on higher education, the
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0021| state board of education shall jointly plan and implement
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0022| improvements in secondary education to facilitate a successful
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0023| transition by students from secondary school to post-secondary
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0024| education and in the pre-service and in-service education of
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0025| public school teachers."
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0001| Section 6. APPROPRIATION.--Four hundred thousand dollars
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0002| ($400,000) is appropriated from the general fund to the
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0003| commission on higher education for expenditure in fiscal years
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0004| 1999 and 2000 to carry out the provisions of the Post-
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0005| Secondary Educational Planning Act and to contract for
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0006| services to analyze the higher education funding formula,
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0007| including evaluating the formula bases, verifying cost
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0008| factors, identifying performance measures and developing
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0009| possible improvements in the funding formula. Any unexpended
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0010| or unencumbered balance remaining at the end of fiscal year
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0011| 2000 shall revert to the general fund.
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0012| Section 7. APPROPRIATION.--Twelve million dollars
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0013| ($12,000,000) is appropriated from the general fund to the
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0014| commission on higher education for expenditure in fiscal years
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0015| 1999 and 2000 for a two-year pilot project to enhance
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0016| instruction and general funding to support service and
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0017| research functions. The commission on higher education shall
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0018| distribute the funds proportionately on the basis of the
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0019| instruction and general appropriation to each institution.
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0020| The commission on higher education, in cooperation with the
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0021| institutions, shall develop performance measures related to
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0022| the enhancement of service and research functions supported by
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0023| these funds. Any unexpended or unencumbered balance remaining
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0024| at the end of fiscal year 2000 shall revert to the general
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0025| fund.
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0001| Section 8. REPEAL.--Section 21-1-26.6 NMSA 1978 (being
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0002| Laws 1990 (1st S.S.), Chapter 4, Section 1) is repealed.
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