44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO EDUCATION; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978 TO CHANGE ELIGIBILITY FOR CERTAIN SCHOLARSHIPS AND TO CONTINUE THE CURRENT DISTRIBUTION OF LOTTERY REVENUES AFTER JULY 1, 1999; DECLARING AN EMERGENCY.

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

Section 1. Section 21-1-4.3 NMSA 1978 (being Laws 1996, Chapter 71, Section 3) is amended to read:

"21-1-4.3. TUITION SCHOLARSHIPS AUTHORIZED--CERTAIN EDUCATIONAL INSTITUTIONS.--

A. To the extent that funds are made available by the legislature from the lottery tuition fund, the boards of regents of New Mexico state university, New Mexico institute of mining and technology, eastern New Mexico university, western New Mexico university, the university of New Mexico, New Mexico highlands university and northern New Mexico state school shall award tuition scholarships for qualified resident students attending their respective institutions and branches of those institutions.

B. Except as authorized in [Subsection] Subsections C and D of this section, the tuition scholarships authorized in this section shall apply [only] to full-time resident students who, immediately upon completion of a high school curriculum at a public or accredited private New Mexico high school or upon receiving a graduate equivalent diploma, are accepted for entrance to and attend one of the state educational institutions set forth in this section or one of the branches of those institutions. Each tuition scholarship shall be awarded for up to four consecutive years beginning the second semester of the recipient's first year of enrollment, provided that the recipient has maintained residency in New Mexico and [maintained] obtained a grade point average of 2.5 or higher on a 4.0 scale during his first semester of full-time enrollment.

C. The tuition scholarships authorized in this section shall also apply to full-time resident students who, immediately upon completion of a high school curriculum at a public or accredited private New Mexico high school or upon receiving a graduate equivalent diploma, attend a two-year public post-secondary educational institution in New Mexico and who, upon the completion of that curriculum or at the end of two years, whichever is sooner, transfer to one of the post-secondary state educational institutions set forth in this section. Those students shall be eligible for a tuition scholarship for two consecutive years, provided that those students maintain residency in New Mexico, maintain a grade-point average of 2.5 or higher on a 4.0 scale and attend the institution full time during the regular academic year.

D. The tuition scholarships authorized in this section shall also apply to a part-time resident student who, immediately upon completion of an adult basic education program in New Mexico, obtains a graduate equivalent diploma and attends a two-year branch institution in New Mexico. That student shall be eligible for a tuition scholarship for four consecutive years if he maintains residency in New Mexico, maintains a grade point average of 2.5 or higher on a 4.0 scale and attends the two-year branch institution part time during the regular academic year. Upon transfer to a four-year post-secondary state educational institution, the student shall be eligible for a tuition scholarship for an additional two consecutive years if he maintains residence in New Mexico, maintains a grade point average of 2.5 or higher on a 4.0 scale and attends the four-year institution full time during the regular academic year.

[D.] E. The commission on higher education shall [prepare guidelines setting forth explicit student continuing eligibility criteria and] adopt rules to implement the provisions of the scholarship program. The rules shall include explicit initial and continuing student eligibility criteria, probation provisions for initial and continuing eligibility and considerations for professional judgment when special circumstances exist. The rules shall incorporate guidelines for administration of the tuition scholarship program. Guidelines shall be distributed to the board of regents of each institution to enable a uniform availability of the resident student tuition scholarships."

Section 2. Section 21-13-10 NMSA 1978 (being Laws 1963, Chapter 17, Section 9, as amended) is amended to read:

"21-13-10. BOARD DUTIES.--

A. It [shall be] is the duty of the community college board to determine financial and educational policies of the community college. The community college board shall provide for the management of the community college and execution of these policies by selecting a competent president for the community college, and, upon the president's recommendation, the board shall employ other administrative personnel, instructional staff or other personnel as may be needed for the operation, maintenance and administration of the community college.

B. The community college board shall have the power to fix tuition and fee rates for resident and nonresident students of the district, to accept gifts, to accept federal aid, to purchase, hold, sell and rent property and equipment and to promote the general welfare of the institution for the best interest of educational service to the people of the community college district.

C. To the extent that funds are made available by the legislature from the lottery tuition fund, the community college board shall award tuition scholarships for qualified resident students attending their respective institutions.

D. The tuition scholarships authorized in this section shall apply [only] to full-time resident students who, immediately upon completion of a high school curriculum at a public or accredited private New Mexico high school or upon receiving a graduate equivalent diploma, are accepted for entrance to and attend a community college. Each tuition scholarship shall be awarded for up to two consecutive years beginning the second semester of the recipient's first year of enrollment, provided that the recipient has maintained residency in New Mexico and [maintained] obtained a grade point average of 2.5 or higher on a 4.0 scale during his first semester of full-time enrollment.

E. The tuition scholarships authorized in this section shall also apply to a part-time resident student who, immediately upon completion of an adult basic education program in New Mexico, obtains a graduate equivalent diploma and attends a community college in New Mexico. That student shall be eligible for a tuition scholarship for four consecutive years if he maintains residency in New Mexico, maintains a grade point average of 2.5 or higher on a 4.0 scale and attends the community college part time during the regular academic year. Upon transfer to a four-year post-secondary state educational institution, the student shall be eligible for a tuition scholarship for an additional two consecutive years if he maintains residency in New Mexico, maintains a grade point average of 2.5 or higher on a 4.0 scale and attends the four-year institution full time during the regular academic year.

[E.] F. The commission on higher education shall [prepare guidelines setting forth explicit student continuing eligibility criteria and] adopt rules to implement the provisions of the scholarship program. The rules shall include explicit initial and continuing student eligibility criteria, probation provisions for initial and continuing eligibility and considerations for professional judgment when special circumstances exist. The rules shall incorporate guidelines for administration of the tuition scholarship program. Guidelines shall be distributed to community college boards to enable a uniform availability of the resident student tuition scholarship."

Section 3. Section 21-16-10.1 NMSA 1978 (being Laws 1996, Chapter 71, Section 6) is amended to read:

"21-16-10.1. TUITION SCHOLARSHIPS AUTHORIZED.--

A. To the extent that funds are made available by the legislature from the lottery tuition fund, the board of a technical and vocational institute shall award tuition scholarships for qualified resident students attending a technical and vocational institute.

B. The tuition scholarships authorized in this section shall apply [only] to full-time resident students who, immediately upon completion of a high school curriculum at a public or accredited private New Mexico high school or upon receiving a graduate equivalent diploma, are accepted for entrance to and attend a technical and vocational institute. Each tuition scholarship shall be awarded for up to two consecutive years beginning the second semester of the recipient's first year of enrollment, provided that the recipient has maintained residency in New Mexico and [maintained] obtained a grade point average of 2.5 or higher on a 4.0 scale during his first semester of full-time enrollment.

C. The tuition scholarships authorized in this section shall also apply to a part-time resident student who, immediately upon completion of an adult basic education program in New Mexico, obtains a graduate equivalent diploma and attends a technical and vocational institute in New Mexico. That student shall be eligible for a tuition scholarship for four consecutive years if he maintains residency in New Mexico, maintains a grade point average of 2.5 or higher on a 4.0 scale and attends the technical and vocational institute part time during the regular academic year. Upon transfer to a four-year post-secondary state educational institution, the student shall be eligible for a tuition scholarship for an additional two consecutive years if he maintains residency in New Mexico, maintains a grade point average of 2.5 or higher on a 4.0 scale and attends the four-year institution full time during the regular academic year.

[C.] D. The commission on higher education shall [prepare guidelines setting forth explicit student continuing eligibility criteria and] adopt rules to implement the provisions of the scholarship program. The rules shall include explicit initial and continuing student eligibility criteria, probation provisions for initial and continuing eligibility and considerations for professional judgment when special circumstances exist. The rules shall incorporate guidelines for administration of the tuition scholarship program. Guidelines shall be distributed to the boards of technical and vocational institutes to enable a uniform availability of the resident student tuition scholarships."

Section 4. Section 21-17-6.1 NMSA 1978 (being Laws 1996, Chapter 71, Section 7) is amended to read:

"21-17-6.1. TUITION SCHOLARSHIPS AUTHORIZED.--

A. To the extent that funds are made available by the legislature from the lottery tuition fund, the board of an area vocational school shall award tuition scholarships for qualified resident students attending its area vocational school.

B. The tuition scholarships authorized in this section shall apply only to full-time resident students who, immediately upon completion of a high school curriculum at a public or accredited private New Mexico high school or upon receiving a graduate equivalent diploma, are accepted for entrance to and attend an area vocational school. Each tuition scholarship shall be awarded for up to two consecutive years beginning the second semester of the recipient's first year of enrollment, provided that the recipient has maintained residency in New Mexico and [maintained] obtained a grade point average of 2.5 or higher on a 4.0 scale during his first semester of full-time enrollment.

C. The tuition scholarships authorized in this section shall also apply to a part-time resident student who, immediately upon completion of an adult basic education program in New Mexico, obtains a graduate equivalent diploma and attends an area vocational school in New Mexico. That student shall be eligible for a tuition scholarship for four consecutive years, provided he maintains residency in New Mexico, maintains a grade point average of 2.5 or higher on a 4.0 scale and attends the area vocational school part time during the regular academic year. Upon transfer to a four-year post-secondary state educational institution, the student shall be eligible for a tuition scholarship for an additional two consecutive years if he maintains residency in New Mexico, maintains a grade point average of 2.5 or higher on a 4.0 scale and attends the four-year institution full time during the regular academic year.

[C.] D. The commission on higher education shall [prepare guidelines setting forth explicit student qualification criteria and] adopt rules to implement the provisions of the scholarship program. The rules shall include explicit initial and continuing student eligibility criteria, probation provisions for initial and continuing eligibility and considerations for professional judgment when special circumstances exist. The rules shall incorporate guidelines for administration of the tuition scholarship program. Guidelines shall be distributed to the boards of all area vocational schools to enable a uniform availability of the resident student tuition scholarships."

Section 5. REPEAL.--Laws 1995, Chapter 155, Section 38 is repealed.

Section 6. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.