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

RELATING TO LOTTERY TUITION SCHOLARSHIPS; EXPANDING TUITION SCHOLARSHIP OPPORTUNITIES FOR STUDENTS WHO DELAY GOING TO COLLEGE OR NEED COLLEGE REMEDIAL WORK AND STUDENTS WITH PHYSICAL AND DEVELOPMENTAL DISABILITIES; MAKING CERTAIN HIGH SCHOOL STUDENTS ELIGIBLE FOR A TUITION SCHOLARSHIP IN THEIR FIRST SEMESTER OF COLLEGE; AMENDING SECTIONS OF THE NMSA 1978.

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 otherwise authorized in [Subsection C 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 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] six semesters, 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. A student to whom a tuition scholarship applies pursuant to Subsection B or C of this section and who received a high school grade point average of 3.0 or higher or finished in the top quartile of the high school graduating class shall be awarded a scholarship beginning with the student's first semester of enrollment. The scholarship shall not exceed four consecutive years beginning with the first semester of enrollment and is subject to all other requirements for the award and continuation of the scholarship.

E. A part-time student taking at least six semester hours who has a physical or developmental disability is eligible for a tuition scholarship if the student meets the other requirements for the scholarship pursuant to Subsection B, C or F or this section. For purposes of this subsection, "physical or developmental disability" means that the student either:

(1) has a specified disability as documented in his individualized education program pursuant to the federal Individuals with Disabilities Education Act; or

(2) has a disability that meets the eligibility requirements pursuant to Section 504 of the federal Rehabilitation Act.

F. A resident student who completed a high school curriculum at a public or accredited private New Mexico high school or received a graduate equivalent diploma in 1997 or later and who does not immediately enroll full time in a public post-secondary educational institution shall be awarded a tuition scholarship beginning the second semester of his later enrollment, if:

(1) the student is accepted for entrance and attends full time a state educational institution, a branch of such an institution or a two-year public post-secondary educational institution no later than the fall semester of 2001 or the fifth semester after completion of the high school curriculum or receipt of a graduate equivalent diploma, whichever is later;

(2) the student maintains the necessary grade point average during his first semester of full-time enrollment and meets all other requirements for the scholarship; and

(3) at least six hours of the student's full-time enrollment in the first semester is college-level course work.

[D.] G. The commission on higher education shall prepare guidelines setting forth explicit student continuing eligibility criteria and 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] six consecutive semesters beginning the second semester of the recipient's first year of enrollment, provided that the recipient has maintained residency in New Mexico and maintained a grade-point average of 2.5 or higher on a 4.0 scale during his first semester of full-time enrollment.

E. A student to whom a tuition scholarship applies pursuant to Subsection D of this section and who received a high school grade point average of 3.0 or higher or finished in the top quartile of the high school graduating class shall be awarded a scholarship beginning with the student's first semester of enrollment. The scholarship shall not exceed four consecutive years beginning with the first semester of enrollment and is subject to all other requirements for the award and continuation of the scholarship.

F. A part-time student taking at least six semester hours who has a physical or developmental disability is eligible for a tuition scholarship if the student meets the other requirements for the scholarship pursuant to Subsection D or G of this section. For purposes of this subsection, "physical or developmental disability" means that the student either:

(1) has a specified disability as documented in his individualized education program pursuant to the federal Individuals with Disabilities Education Act; or

(2) has a disability that meets the eligibility requirements pursuant to Section 504 of the federal Rehabilitation Act.

G. A resident student who completed a high school curriculum at a public or accredited private New Mexico high school or received a graduate equivalent diploma in 1997 or later and who does not immediately enroll full time in a public post-secondary educational institution shall be awarded a tuition scholarship beginning the second semester of his later enrollment, if:

(1) the student is accepted for entrance and attends full time a community college no later than the fall semester of 2001 or the fifth semester after completion of the high school curriculum or receipt of a graduate equivalent diploma, whichever is later;

(2) the student maintains the necessary grade point average during his first semester of full-time enrollment and meets all other requirements for the scholarship; and

(3) at least six hours of the student's full-time enrollment in the first semester is college-level course work.

[E.] H. The commission on higher education shall prepare guidelines setting forth explicit student continuing eligibility criteria and 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] six consecutive semesters beginning the second semester of the recipient's first year of enrollment, provided that the recipient has maintained residency in New Mexico and maintained a grade-point average of 2.5 or higher on a 4.0 scale during his first semester of full-time enrollment.

C. A student to whom a tuition scholarship applies pursuant to Subsection B of this section and who received a high school grade point average of 3.0 or higher or finished in the top quartile of the high school graduating class shall be awarded a scholarship beginning with the student's first semester of enrollment. The scholarship shall not exceed four consecutive years beginning with the first semester of enrollment and is subject to all other requirements for the award and continuation of the scholarship.

D. A part-time student taking at least six semester hours who has a physical or developmental disability is eligible for a tuition scholarship if the student meets the other requirements for the scholarship pursuant to Subsection B or E of this section. For purposes of this subsection, "physical or developmental disability" means that the student either:

(1) has a specified disability as documented in his individualized education program pursuant to the federal Individuals with Disabilities Education Act; or

(2) has a disability that meets the eligibility requirements pursuant to Section 504 of the federal Rehabilitation Act.

E. A resident student who completed a high school curriculum at a public or accredited private New Mexico high school or received a graduate equivalent diploma in 1997 or later and who does not immediately enroll full time in a public post-secondary educational institution shall be awarded a tuition scholarship beginning the second semester of his later enrollment, if:

(1) the student is accepted for entrance and attends full time a technical and vocational institute no later than the fall semester of 2001 or the fifth semester after completion of the high school curriculum or receipt of a graduate equivalent diploma, whichever is later;

(2) the student maintains the necessary grade point average during his first semester of full-time enrollment and meets all other requirements for the scholarship; and

(3) at least six hours of the student's full-time enrollment in the first semester is college-level course work.

[C.] F. The commission on higher education shall prepare guidelines setting forth explicit student continuing eligibility criteria and 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] six consecutive semesters beginning the second semester of the recipient's first year of enrollment, provided that the recipient has maintained residency in New Mexico and maintained a grade-point average of 2.5 or higher on a 4.0 scale during his first semester of full-time enrollment.

C. A student to whom a tuition scholarship applies pursuant to Subsection B of this section and who received a high school grade point average of 3.0 or higher or finished in the top quartile of the high school graduating class shall be awarded a scholarship beginning with the student's first semester of enrollment. The scholarship shall not exceed four consecutive years beginning with the first semester of enrollment and is subject to all other requirements for the award and continuation of the scholarship.

D. A part-time student taking at least six semester hours who has a physical or developmental disability is eligible for a tuition scholarship if the student meets the other requirements for the scholarship pursuant to Subsection B or E of this section. For purposes of this subsection, "physical or developmental disability" means that the student either:

(1) has a specified disability as documented in his individualized education program pursuant to the federal Individuals with Disabilities Education Act; or

(2) has a disability that meets the eligibility requirements pursuant to Section 504 of the federal Rehabilitation Act.

E. A resident student who completed a high school curriculum at a public or accredited private New Mexico high school or received a graduate equivalent diploma in 1997 or later and who does not immediately enroll full time in a public post-secondary educational institution shall be awarded a tuition scholarship beginning the second semester of his later enrollment, if:

(1) the student is accepted for entrance and attends full time an area vocational school no later than the fall semester of 2001 or the fifth semester after completion of the high school curriculum or receipt of a graduate equivalent diploma, whichever is later;

(2) the student maintains the necessary grade point average during his first semester of full-time enrollment and meets all other requirements for the scholarship; and

(3) at least six hours of the student's full-time enrollment in the first semester is college-level course work.

[C.] F. The commission on higher education shall prepare guidelines setting forth explicit student qualification criteria and 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."