reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-43 - First year of college outcomes of New Mexico public high school graduates; annual reports.

A. Upon request from a public high school or school district superintendent in New Mexico, a public post-secondary educational institution shall provide a report of students who enroll in the institution within three years of graduating from that high school or leaving that high school without enrolling in another high school or earning a high school equivalency credential. Information in the reports may be used by the high schools and public post-secondary educational institutions to improve instruction, student preparation and advisement.
B. The higher education department, in consultation with the public education department and representatives of public high schools and public post-secondary educational institutions, shall prescribe the form of the reports. Reports shall not include any personally identifiable student information. The reports shall be designed to show advanced placement by subject, total credits earned, grade point averages, retention from fall to spring semester of the first year of college and frequency and patterns of remedial or development courses being taken.
C. The higher education department shall be provided with copies of the reports.
History:
Laws 2009, ch. 7, § 1; 2015, ch. 122, § 5.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, replaced the term "general education development certificate" with "high school equivalency credential" in the provision relating to annual reports by public post-secondary educational institutions regarding enrollment of high school graduates; and in Subsection A, after "high school or earning a", deleted "general educational development certificate" and added "high school equivalency credential".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-44 - School leadership institute; created; purpose.

A. The "school leadership institute" is created and is administratively attached to the higher education department. The department shall provide administrative services for the institute. The institute shall provide a comprehensive and cohesive framework for preparing, mentoring and providing professional development for principals and other public school leaders.
B. The institute shall offer at least the following programs:
(1) licensure preparation for aspiring principals;
(2) mentoring for new principals and other public school leaders;
(3) intensive support for principals at schools in need of improvement;
(4) professional development for aspiring superintendents; and
(5) mentoring for new superintendents.
C. The institute shall partner with state agencies, institutions of higher education and professional associations to identify and recruit candidates for the institute.
History:
Laws 2010, ch. 65, § 1.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-45 - Sale of student information; marketing credit cards to students; prohibited practices.

A. No public or private post-secondary educational institution, including its agents, its employees, its student or alumni organizations or its affiliates, shall:
(1) sell, give or otherwise transfer to any card issuer, for the purpose of distributing or marketing credit cards, the name, address, social security number, date of birth, telephone number or other contact or personal identifying information of an undergraduate student at the post-secondary educational institution;
(2) enter into any agreement or cooperate with a card issuer to market credit cards to undergraduate students at the post-secondary educational institution; or
(3) allow the marketing of credit cards from the property or campus of the post-secondary educational institution.
B. A person whose contact information was sold, given or transferred in violation of this section, or the attorney general, may bring a civil action and seek a civil penalty in an amount not to exceed ten thousand dollars ($10,000) for each violation plus costs of the action and reasonable attorney fees.
C. For purposes of this section, "credit card" and "card issuer" have the meanings given them in the federal Truth in Lending Act.
History:
Laws 2010, ch. 71, § 1.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 71 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
Cross references.
— For the federal Truth in Lending Act,
see
15 U.S.C. § 1601 et seq.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-46 - Request for access to social networking account prohibited.

A. It is unlawful for a public or private institution of post-secondary education to request or require a student, applicant or potential applicant for admission to provide a password to gain access to the student's, applicant's or potential applicant's account or profile on a social networking web site or to demand access in any manner to a student's, applicant's or potential applicant's account or profile on a social networking web site.
B. It is unlawful for public or private institutions of post-secondary education to deny admission to an applicant or potential applicant for admission on the basis of the applicant's or potential applicant's refusal to provide an agent of a public or private institution of post-secondary education access to the applicant's or potential applicant's account or profile on a social media networking site.
C. It is unlawful for a private or public institution of post-secondary education to take any disciplinary action against a student for the student's refusal to grant access to an agent of the private or public institution of post-secondary education to the student's account or profile on a social media networking site.
D. Nothing in this section prohibits a public or private institution of post-secondary education from obtaining information about a student, applicant or potential applicant for admission that is in the public domain.
E. As used in this section, "social networking web site" means an internet-based service that allows individuals to:
(1) construct a public or semi-public profile within a bounded system created by the service;
(2) create a list of other users with whom they share a connection within the system; and
(3) view and navigate their list of connections and those made by others within the system.
History:
Laws 2013, ch. 223, § 1.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 223 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-47 - Statewide advanced placement policy.

A. Beginning with the 2019-2020 academic year, public post-secondary educational institutions shall accept a score of three or higher on the advanced placement examination for post-secondary level course credit. Institutions that offer a corresponding course for a particular advanced placement examination as a part of their general education degree requirements shall accept a score of three or higher on the advanced placement examination for course credit as part of their general education degree requirements. If an institution does not offer a corresponding course for a particular advanced placement examination, the institution shall award, at a minimum, elective post-secondary level course credit for those students who receive a score of three or higher on that advanced placement examination.
B. An institution shall not require an examination score of more than three unless the chief academic officer provides evidence-based research to the higher education department that the higher score is necessary for a student to be successful in a related or more advanced course for which the lower-division course is a prerequisite. Each institution shall publish its updated course-granting policy for advanced placement in accordance with the requirements of this subsection on its website before the beginning of the 2019-2020 academic year.
C. The higher education department, in cooperation with all public post-secondary educational institutions, shall collect and report the course-granting policy for advanced placement of each institution and the research used by each institution to determine the level of credit and the number of credits provided for the advanced placement examination scores and file a report that includes findings and recommendations to the legislature and the governor. Each institution shall provide the department with all necessary data, in accordance with the federal Family Educational Rights and Privacy Act of 1974, to allow the department to conduct its analysis.
History:
Laws 2019, ch. 139, § 1.
ANNOTATIONS
Cross references.
— For the federal Family Educational Rights and Privacy Act of 1974,
see
20 U.S.C. § 1232g.
Effective dates.
— Laws 2019, ch. 139 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-48 - Regional two plus two pilot project; eligibility; evaluation and reporting.

A. "Two plus two" is created as a six-year pilot project in which public post-secondary educational institutions in the southeastern region of the state join to establish a seamless transition from community college to university to:
(1) improve graduation rates at both educational systems;
(2) reduce student credit hour accumulation;
(3) reduce student debt;
(4) reduce student remediation; and
(5) increase collaboration and efficiency by and among the southeastern region's post-secondary educational institutions.
B. The purpose of two plus two is to show that the alignment of curricula, course numbering and course credits between community colleges and state universities:
(1) improves student success and outcomes;
(2) improves the performance, efficiency and effectiveness of both community colleges and state universities; and
(3) lowers cost and provides greater benefits to students, institutions and taxpayers.
C. The following public post-secondary educational institutions may participate in two plus two:
(1) eastern New Mexico university;
(2) the Roswell branch of eastern New Mexico university and eastern New Mexico university Ruidoso branch community college;
(3) New Mexico junior college;
(4) New Mexico military institute;
(5) Clovis community college;
(6) the Carlsbad branch of New Mexico state university or the branch's successor institution; and
(7) any other public post-secondary educational institution that requests to join the pilot project.
D. Three four-year cohorts of students shall be tracked in the pilot project, beginning with those academic students in the freshman class of 2022 at the participating community colleges who declare their intention and receive a bachelor's degree at eastern New Mexico university and ending with those academic students in the freshman class of 2024.
E. The participants in two plus two shall:
(1) designate an institution to serve as lead administrator, if needed;
(2) designate a person at each institution to serve as that institution's lead administrator;
(3) determine what and how data will be collected, analyzed and evaluated to determine whether the purpose of two plus two was borne out and whether articulation changes lead to better outcomes for students and institutions; and
(4) any other matters necessary for the conduct and evaluation of two plus two.
F. The participants shall submit interim and final reports annually to the secretary of higher education and the legislature on the efficacy of two plus two. Reports shall also be filed with the legislative library at the legislative council service.
History:
Laws 2021, ch. 33, § 1.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 33 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1A - University Endowments (Repealed.) › Section 21-1A-1 - Repealed.

History:
Laws 1989, ch. 390, § 1; repealed by Laws 1989, ch. 390, § 6.
ANNOTATIONS
Repeals.
— Laws 1989, ch. 390, § 6 repealed 21-1A-1 NMSA 1978, as enacted by Laws 1989, ch. 390, § 1, relating to the short title of the University Endowment Act, effective July 1, 2000. For provisions of former section,
see
the 1999 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1A - University Endowments (Repealed.) › Section 21-1A-2 - Repealed.

History:
Laws 1989, ch. 390, § 2; repealed by Laws 1989, ch. 390, § 6.
ANNOTATIONS
Repeals.
— Laws 1989, ch. 390, § 6 repealed 21-1A-2 NMSA 1978, as enacted by Laws 1989, ch. 390, § 2, relating to purpose, effective July 1, 2000. For provisions of former section,
see
the 1999 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1A - University Endowments (Repealed.) › Section 21-1A-3 - Repealed.

History:
Laws 1989, ch. 390, § 3; repealed by Laws 1989, ch. 390, § 6.
ANNOTATIONS
Repeals.
— Laws 1989, ch. 390, § 6 repealed 21-1A-3 NMSA 1978, as enacted by Laws 1989, ch. 390, § 3, relating to definitions, effective July 1, 2000. For provisions of former section,
see
the 1999 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1A - University Endowments (Repealed.) › Section 21-1A-4 - Repealed.

History:
Laws 1989, ch. 390, § 4; 1991, ch. 241, § 3; repealed by Laws 1989, ch. 390, § 6.
ANNOTATIONS
Repeals.
— Laws 1989, ch. 390, § 6 repealed 21-1A-4 NMSA 1978, as enacted by Laws 1989, ch. 390, § 4, relating to the university fund for endowments, effective July 1, 2000. For provisions of former section,
see
the 1999 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1A - University Endowments (Repealed.) › Section 21-1A-5 - Repealed.

History:
Laws 1989, ch. 390, § 5; repealed by Laws 1989, ch. 390, § 6.
ANNOTATIONS
Repeals.
— Laws 1989, ch. 390, § 6 repealed 21-1A-5 NMSA 1978, as enacted by Laws 1989, ch. 390, § 5, relating to allocation of fund, effective July 1, 2000. For provisions of former section,
see
the 1999 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1B - Post-Secondary Education Articulation › Section 21-1B-1 - Short title.

Chapter 21, Article 1B NMSA 1978 may be cited as the "Post-Secondary Education Articulation Act".
History:
Laws 1995, ch. 224, § 1; 2005, ch. 272, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, changed the statutory reference to the act.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1B - Post-Secondary Education Articulation › Section 21-1B-2 - Definitions.

As used in the Post-Secondary Education Articulation Act:
A. "articulation" means the transfer of courses that fulfill a graduation requirement for a student's chosen degree program;
B. "department" means the higher education department;
C. "general education core curriculum" means the group of lower-division courses approved by the department as fulfilling general education requirements that are accepted by all institutions for transfer purposes;
D. "institution" means an accredited, public post-secondary educational institution operating in the state;
E. "meta-major" means fifteen credits of lower-division courses that are developed in consultation with the faculty and approved by the department and that include general education courses and prerequisite courses and that can articulate to multiple degree programs and can include courses across the institution that address diversity;
F. "transfer" means the transfer of course credits from one institution to another; and
G. "transfer module" means a list of lower-division courses established by the department that fulfill graduation requirements for a specific degree program.
History:
Laws 1995, ch. 224, § 2; 2005, ch. 272, § 2; 2015, ch. 29, § 1; 2017, ch. 18, § 1.
ANNOTATIONS
The 2017 amendment,
effective July 1, 2017, amended definitions in the Post-Secondary Education Articulation Act to clarify conditions under which students may transfer earned credits between and among New Mexico institutions of higher education; in Subsection A, after "the transfer of", deleted "course credit from one institution to another" and added "courses that fulfill a graduation requirement for a student's chosen degree program"; deleted former Subsections C and D, which defined "discipline module" and "general education core"; added a new Subsection C; redesignated former Subsection E as Subsection D; deleted former Subsection F, which defined "module" or "transfer module"; and added new Subsections E, F and G.
The 2015 amendment,
effective June 19, 2015, updated references to the higher education department; in Subsection B, after "B.", deleted "commission" and added "department", after "means the", deleted "commission on", and after "higher education", added "department"; in Subsection D, after "by the", deleted "commission" and added "department"; in Subsection F, after "by the", deleted "commission" and added "department".
The 2005 amendment,
effective June 17, 2005, added Subsection C to define "discipline module"; added Subsection D to define "general education core"; and deleted "skills" from the definition of "module" or "transfer module".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1B - Post-Secondary Education Articulation › Section 21-1B-4 - Transfer of credits.

A. Courses that have a New Mexico common course number shall be accepted as the equivalent courses offered at the receiving institution.
B. Courses taken as part of an approved meta-major or transfer module shall be accepted to meet lower-division graduation requirements of a degree-granting program to which the meta-major or transfer module articulates.
C. An institution shall not increase requirements for degree-granting programs as a result of the use of a meta-major or transfer module or acceptance of a course that is part of a meta-major or transfer module. An institution may specify additional lower-division or upper-division requirements not included in a meta-major or transfer module for one or more programs of study; provided that those requirements apply equally to transfer students and students originating their study at the institution.
History:
Laws 1995, ch. 224, § 4; 2005, ch. 272, § 4; 2017, ch. 18, § 3.
ANNOTATIONS
The 2017 amendment,
effective July 1, 2017, provided for the transfer of credits between and among New Mexico institutions of higher education; in the catchline, deleted "use of transfer module" and added "transfer of credits"; in Subsection A, deleted "Each" and added "Courses that have a New Mexico common course number shall be accepted as the equivalent courses offered at the receiving", and after "institution", deleted the remainder of the subsection; added a new Subsection B and redesignated former Subsection B as Subsection C; deleted former Subsection C, which related to the transfer of completed transfer modules; and in Subsection D, added "meta-major or" in two places, and after "requirements not included in a", deleted "discipline" and added "meta-major or transfer".
The 2005 amendment,
effective June 17, 2005, provided in Subsection A that Subsection A applies to any course that is part of a transfer module; provided in Subsection B that an institution shall not increase the degree requirements as a result of acceptance of a course that is part of a transfer module and that an institution may specify additional requirements not included in a discipline module for programs of study; deleted the former provisions of Subsection C which provided that the commission establish procedures to identify additional lower-division courses in specific disciplines of study that will be transferable and applicable to baccalaureate degrees in specific programs of study; and added Subsection C to provide that institution shall accept completed transfer modules as a block as fulfilling lower-division coursework and upon transfer of a discipline module, admit students into the upper-division program.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1B - Post-Secondary Education Articulation › Section 21-1B-5 - Oversight of articulation programs; complaint procedures.

A. The department shall establish and maintain a process to monitor and improve articulation through frequent and systematic consultation with institutions.
B. The department shall establish a complaint procedure for transfer students who fail to receive credit for courses that have a common course number or are contained in an approved meta-major or transfer module taken at another institution. The department may set standards for determining bona fide complaints, including a requirement that students follow institutions' internal procedures for resolving complaints prior to submitting them to the department. The department shall investigate all articulation complaints and render decisions as to the appropriateness of the actions of the participants.
C. Prior to December 31 of each year, the department shall summarize all articulation complaints filed with the department and the decisions of the department with regard to those complaints.
D. If a student's articulation complaint regarding commonly numbered courses or courses contained in a meta-major or transfer module is upheld, the receiving institution shall reimburse the student the complete cost, including tuition, books and fees, of each course the student was required to repeat at the receiving institution.
History:
Laws 1995, ch. 224, § 5; 2005, ch. 272, § 5; 2017, ch. 18, § 4.
ANNOTATIONS
The 2017 amendment,
effective July 1, 2017, required the higher education department to establish a complaint procedure for transfer students who fail to receive credit for commonly numbered courses or courses contained in a meta-major or transfer module; in Subsection A, after "The", deleted "commission" and added "department", and after the first sentence, deleted the remainder of the subsection, which related to monitoring the progress of transfer students; in Subsection B, substituted "department" for "commission" throughout the subsection, after "receive credit for courses", added "that have a common course number or are", and after "contained in", deleted "a" and added "an approved meta-major or"; in Subsection C, substituted "department" for "commission" throughout the subsection, and deleted the last sentence of the subsection, which related to the process for meritorious complaints; and in Subsection D, deleted "When a module becomes effective as provided in Subsection F of Section 21-1B-6 NMSA 1978", after "complaint regarding", added "commonly numbered courses or", and after "courses contained in a", added "meta-major or transfer".
The 2005 amendment,
effective June 17, 2005, added Subsection D to provide that if a student's articulation complaint is upheld, the receiving institution shall reimburse the student the cost of each course the student was required to repeat.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1B - Post-Secondary Education Articulation › Section 21-1B-5.1 - Articulation complaint process; notification.

The receiving institution shall publish in the student handbook or otherwise notify transfer students of the complaint process to be followed in the event that a transfer module course is not accepted for credit. The notification shall include the remedy available to the student if the complaint is upheld.
History:
Laws 2005, ch. 272, § 6.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 272 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 2 - Post-Secondary Educational Planning › Section 21-2-1 - Short title.

Chapter 21, Article 2 NMSA 1978 may be cited as the "Post-Secondary Educational Planning Act".
History:
1953 Comp., § 73-44-1, enacted by Laws 1973, ch. 233, § 1; 1986, ch. 24, § 7.
ANNOTATIONS
Cross references.
— For additional duties of higher education department,
see
21-1-26.11 NMSA 1978.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 2 - Post-Secondary Educational Planning › Section 21-2-2 - Definitions.

As used in the Post-Secondary Educational Planning Act:
A. "post-secondary education":
(1) means education, training or retraining for persons sixteen years of age or older who have graduated from secondary school or left elementary or secondary school without graduating from secondary school, which is designed to provide for such persons:
(a) adult basic education;
(b) high school equivalency education;
(c) prevocational education;
(d) vocational education;
(e) technical education;
(f) general academic education;
(g) undergraduate academic education leading to associate's and bachelor's degrees;
(h) graduate academic education leading to master's and doctor's degrees;
(i) undergraduate and graduate professional education leading to professional degrees;
(j) continuing education; or
(k) some combination of the above; and
(2) includes public, private, nonprofit and proprietary educational institutions and programs of the following types, among others:
(a) technical and vocational institutes;
(b) junior colleges;
(c) branch community colleges;
(d) colleges and universities;
(e) post-secondary military institutes;
(f) post-secondary vocational schools;
(g) adult vocational and prevocational manpower and training programs;
(h) programs designed to identify persons who can benefit from post-secondary education and to assist them in enrolling in appropriate programs; and
(i) programs providing guidance, counselling and placement services for persons in connection with their participation in post-secondary education; and
B. "state commission" means the state commission on post-secondary education.
History:
1953 Comp., § 73-44-2, enacted by Laws 1973, ch. 233, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities §§ 1, 2.
14A C.J.S. Colleges and Universities §§ 2, 5; 78 C.J.S. Schools and School Districts § 66.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 2 - Post-Secondary Educational Planning › Section 21-2-3 - State commission created; designated members; designation of supplementary members for specific functions.

There is created the "state commission on post-secondary education". The commission on higher education [higher education department] is designated the state commission. For the purposes of the Post-Secondary Educational Planning Act, the commission on higher education [higher education department], in functioning as the state commission, is charged with a concern for all types of post-secondary education and all types of educational institutions and programs as enumerated in Section 21-2-2 NMSA 1978. Whenever federal statutes and regulations so require, the state commission may request the governor to appoint, for specific functions relating to federally sponsored programs, supplementary members to the state commission, and members shall be appointed by the governor to fulfill those specific functions as requested. When sitting with the state commission, the supplementary members shall have, for purposes of the specific functions for which they were appointed, all the powers and perquisites of regular members of the state commission.
History:
1953 Comp., § 73-44-3, enacted by Laws 1973, ch. 233, § 3; 1986, ch. 24, § 8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the commission on higher education as the higher education department,
see
9-25-4.1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Colleges and Universities §§ 3, 11.
14A C.J.S. Colleges and Universities §§ 14, 15.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 2 - Post-Secondary Educational Planning › Section 21-2-4 - State commission; appointment of committees and task forces.

The state commission may establish committees or task forces, not necessarily consisting of commission members, and may use existing agencies or organizations to make studies, conduct surveys, submit recommendations or otherwise contribute expertise from the post-secondary educational institutions, programs, interest groups and segments of the society most concerned with a particular aspect of the state commission's work.
History:
1953 Comp., § 73-44-4, enacted by Laws 1973, ch. 233, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
63A Am. Jur. 2d Public Officers and Employees § 97.
81A C.J.S. States § 120.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 2 - Post-Secondary Educational Planning › Section 21-2-6 - Statewide planning; participating agencies and persons.

A. The state commission in carrying out its planning activities for post-secondary education shall consult with and invite the active participation of:
(1) representatives of post-secondary educational institutions of the several types enumerated in Paragraph (2) of Subsection A of Section 21-2-2 NMSA 1978;
(2) the public education commission;
(3) the public education department;
(4) representatives of public and private elementary and secondary schools;
(5) the secretary of labor;
(6) the tourism department;
(7) the apprenticeship council;
(8) the economic development department;
(9) the state advisory council on vocational education;
(10) the secretary of finance and administration or the secretary's designee;
(11) persons familiar with the education needs of persons with a disability and persons disadvantaged by economic, racial or ethnic status;
(12) representatives of business, industry, organized labor and agriculture;
(13) the general public; and
(14) private in-state post-secondary institutions.
B. Whenever the planning activities carried out under the provisions of Section 21-2-5 NMSA 1978 are concerned with the types of post-secondary education enumerated in Subparagraphs (a) through (e) of Paragraph (1) of Subsection A of Section 21-2-2 NMSA 1978, the state commission shall directly involve the public education commission and the public education department in all planning activities.
History:
1953 Comp., § 73-44-6, enacted by Laws 1978, ch. 54, § 1; 1986, ch. 24, § 9; 1991, ch. 21, § 33; 2007, ch. 46, § 8.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, ch. 54, § 1 repealed former 73-44-6, 1953 Comp. (former 21-2-6 NMSA 1978) and enacted a new 73-44-6, 1953 Comp.
The 2007 amendment,
effective June 15, 2007, amended Paragraphs (2) and (3) of Subsection A and Subsection B to change the names of the departments and made other non-substantive language changes.
The 1991 amendment,
effective March 27, 1991, in Subsection A, substituted "labor" for "employment security" in Paragraph (5), substituted "tourism department" for "labor commissioner" in Paragraph (6), and deleted "and tourism" following "development" in Paragraph (8).
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 2 - Post-Secondary Educational Planning › Section 21-2-7 - Annual report.

The state commission shall submit an annual report to the governor and the legislature prior to November 15 each year. Such report shall describe the planning activities undertaken, present data on the status of all types of post-secondary education and set forth all recommendations developed under Section 5 [21-2-5 NMSA 1978], Items I, J and K of the Post-Secondary Educational Planning Act. Prior to the final adoption of the annual report the state commission shall distribute a draft of the report to all institutions and programs of the types enumerated in Section 2A(2) [21-2-2A(2) NMSA 1978] and to representatives of all other interests enumerated in Section 6 [21-2-6 NMSA 1978] and shall then hold a hearing at which all such institutions, programs and interests may comment upon the draft report.
History:
1953 Comp., § 73-44-7, enacted by Laws 1973, ch. 233, § 7.
ANNOTATIONS
Compiler's notes.
— Section 6 of the Post-Secondary Educational Planning Act, referred to near the middle of the last sentence, was compiled as 21-2-6 NMSA 1978, and was repealed by Laws 1978, ch. 54, § 1, which enacted a new 21-2-6 NMSA 1978 relating to the same subject matter and containing only minor differences from the former 21-2-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 2 - Post-Secondary Educational Planning › Section 21-2-8 - Designation of state commission as agency required for certain federal programs.

The state commission is designated the agency required under the provisions of Section 1202 of the Higher Education Act of 1965, as amended (P.L. 92-318, June 23, 1972). After July 1, 1973, the state commission shall be the successor agency to those agencies required and designated under Sections 105, 603 and 704 of the Higher Education Act of 1965, as amended (20 USCA Sections 1005, 1123 and 715). The state commission is designated the agency to administer any programs for the benefit of post-secondary education or post-secondary education students provided by acts of congress in the future and requiring a state-level agency for their administration, except as otherwise provided by law.
History:
1953 Comp., § 73-44-8, enacted by Laws 1973, ch. 233, § 8.
ANNOTATIONS
Compiler's notes.
— Section 1202 of the Higher Education Act of 1965, as amended by P.L. 92-318, June 23, 1972, was compiled at 20 U.S.C. 1142a but was repealed by P.L. 96-374.
Section 105 of the Higher Education Act of 1965, as amended, was compiled at 20 U.S.C. 1005 but was omitted in the general revision by P.L. 99-498.
Section 704 of the Higher Education Act of 1965, as amended, was compiled at 20 U.S.C. 1132a-3 but was omitted in the general revision by P.L. 96-374.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities § 33.
14A C.J.S. Colleges and Universities § 7.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 2 - Post-Secondary Educational Planning › Section 21-2-9 - Designation of state agency required for certain federal occupational education programs.

The state board of education is designated as the state agency required under the provisions of Section 1055(a) of the Higher Education Act of 1965, as amended (P.L. 92-318, June 23, 1972) and shall exercise all the powers and perform all the duties required of that state agency. In exercising such powers and performing such duties, the state board of education shall afford the state commission, on a regular basis, an opportunity to review and comment upon any policies, procedures, programs or allocation of resources prior to their final adoption.
History:
1953 Comp., § 73-44-9, enacted by Laws 1973, ch. 233, § 9.
ANNOTATIONS
Compiler's notes.
— Section 1055(a) of the Higher Education Act of 1965, as amended by P.L. 92-318, June 23, 1972, was compiled at 20 U.S.C. 1135b-4(a), and was repealed by P.L. 94-482, title I, § 176(c).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities § 33.
14A C.J.S. Colleges and Universities § 7.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 2A - College District Tax › Section 21-2A-1 - Short title.

Sections 21-2A-1 through 21-2A-10 NMSA 1978 may be cited as the "College District Tax Act".
History:
Laws 1995, ch. 224, § 7; 2013, ch. 37, § 1.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, deleted "Sections 7 through 16 of this act" and added "Sections 21-2A-1 through 21-2A-10 NMSA 1978".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 2A - College District Tax › Section 21-2A-3 - Purpose.

The purpose of the College District Tax Act is to provide a uniform procedure for the authorization, imposition and collection of tax levies for the operation of college districts and the issuance of college district general obligation and revenue bonds for capital improvements in a college district.
History:
Laws 1995, ch. 224, § 9.
ANNOTATIONS
Effective dates.
— Laws 1995, ch. 224 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1995, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 2A - College District Tax › Section 21-2A-4 - Application of act.

The College District Tax Act applies to all educational institutions organized pursuant to the provisions of Chapter 21, Article 14 [13] NMSA 1978, the Community College Act, Chapter 21, Article 17 [16] NMSA 1978, the Technical and Vocational Institute Act [Chapter 21, Article 16 NMSA 1978] and the Off-Campus Instruction Act [21-14A-1 to 21-14A-10 NMSA 1978].
History:
Laws 1995, ch. 224, § 10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The Community College Act is compiled as Chapter 21, Article 13, not Article 14.
The Technical and Vocational Institute Act is compiled as Chapter 21, Article 16, not Article 17.
Effective dates.
— Laws 1995, ch. 224 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1995, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 2A - College District Tax › Section 21-2A-7 - Payment of general obligation bonds; bond provisions.

A. The principal of and interest on general obligation bonds authorized in the College District Tax Act to be issued, and any prior redemption premiums, shall be payable from the proceeds of general property taxes levied without limitation as to rate or amount, except for the limitation for general obligation bond issuances established in the College District Tax Act, and except to the extent other revenues are made available for that purpose. All bonds shall be the general obligations of the college district, and the full faith and credit of the college district shall be pledged for the payments of the bonds.
B. It may be provided in any proceedings authorizing any bonds under the College District Tax Act that the bond shall recite that it is issued under authority of the College District Tax Act. The recital shall conclusively impart full compliance with all of the provisions of the College District Tax Act, and all bonds issued containing the recital shall be incontestable for any cause whatsoever after their delivery for value.
C. All bonds issued by a college district shall be fully negotiable and constitute negotiable instruments within the meaning of and for all the purposes of the Uniform Commercial Code [Chapter 55 NMSA 1978] as that law is now or may hereafter be in force in this state. If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner furnishing to the satisfaction of the board:
(1) proof of ownership;
(2) proof of loss or destruction;
(3) a surety bond in twice the face amount of the bond and coupons; and
(4) payment of the cost of preparing and issuing the new bond and coupons.
D. Notwithstanding any other provision of law, the board may in any proceedings authorizing bonds under the College District Tax Act provide for the initial issuance of one or more bonds, in this section called "bond", aggregating the amount of the entire issue, may make such provision for installment payments of the principal amount of any bond as it may consider desirable and may provide for the making of any bond payable to bearer or otherwise, registrable as to principal or as to both principal and interest and, where interest accruing on the bond is not represented by interest coupons, for the endorsing of payments of interest on the bond. The board may further make provisions in any such resolution for the manner and circumstances in and under which any bond may, at the request of the holder of the bond, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal or principal and interest.
History:
Laws 1995, ch. 224, § 13.
ANNOTATIONS
Effective dates.
— Laws 1995, ch. 224 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1995, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 2A - College District Tax › Section 21-2A-8 - Refunding bonds; general obligation college district bonds.

The board of any college district may, with the approval of the commission on higher education [higher education department], issue bonds, to be denominated refunding bonds, for the purpose of refunding any of the general obligation bonded indebtedness of the college district. Whenever the board of any college district deems it expedient to issue refunding bonds, it shall adopt a resolution setting out the facts making the issuance of the refunding bonds necessary or advisable, the determination of such necessity or advisability by the board and the amount of refunding bonds that the board deems necessary and advisable to issue. The resolution shall fix the form of the bonds; the rate or rates of interest of the bonds, provided that the net effective interest rate of the bonds shall not exceed the maximum net effective interest rate permitted by the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978], as hereafter amended and supplemented; the date of the refunding bonds; the denominations of the refunding bonds; the maturity dates, the last of which shall not be more than twenty years from the date of the refunding bonds; and the place or places of payment within or without the state of both principal and interest. Refunding bonds when issued, except for bonds issued in book entry or similar form without the delivery of physical securities, shall be negotiable in form, shall bear the signature or the facsimile signature of the chairman of the board, with the seal of the college district affixed thereto, and shall be attested by the secretary of the board. All refunding bonds may be exchanged dollar for dollar for the bonds to be refunded or they may be sold as directed by the board, and the proceeds of the sale shall be applied only to the purpose for which the bonds were issued and the payment of any expenses incidental thereto.
History:
Laws 1995, ch. 224, § 14.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the commission on higher education as the higher education department,
see
9-25-4.1 NMSA 1978.
Effective dates.
— Laws 1995, ch. 224 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1995, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 2A - College District Tax › Section 21-2A-10 - Procedure for election.

A. In all elections held under the College District Tax Act, the board shall issue a resolution calling for an election. The resolution shall be filed with each county clerk in the college district.
B. All elections held under the College District Tax Act shall be conducted and canvassed pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978].
C. Any person or corporation may institute, in the district court of any county in which the college district affected lies, an action or suit to contest the validity of any proceedings held under the College District Tax Act, but no such suit or action shall be maintained unless it is instituted within ten days after the issuance by the proper official of a certificate or notification of the results of the election.
History:
Laws 1995, ch. 224, § 16; 2019, ch. 212, § 215.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, revised certain notice provisions, and provided that all elections held under the College District Tax Act shall be conducted pursuant to the Local Election Act; in Subsection A, deleted the last sentence of the subsection, which provided "The board shall publish the resolution in a newspaper of general circulation in the college district at least once a week for three consecutive weeks, the last insertion to be not less than thirty days prior to the proposed election."; and in Subsection B, after "conducted and canvassed" deleted "in the same manner as municipal school elections, unless otherwise specifically provided in the College District Tax Act" and added "pursuant to the provisions of the Local Election Act".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 2A - College District Tax › Section 21-2A-11 - Extended learning programs; purpose; commission on higher education [higher education department] responsibilities; reporting.

A. The commission on higher education [higher education department] shall coordinate the role and participation of public post-secondary higher education institutions in the development and operation of extended learning programs. Extended learning programs shall be established to ensure equitable student access to educational opportunities throughout the state. The commission [department] shall work to ensure access, efficiency, coordination and accountability in the development and operation of the extended learning programs.
B. In coordinating the development and operation of extended learning programs, the commission on higher education [higher education department] shall make awards from the extended learning fund for the purpose of establishing pilot extended learning programs. Pilot programs shall focus on the creation and operation of community-based extended learning centers, the development of regional resources and the expanded use of technology in instruction.
C. Annually, prior to October 1, the commission on higher education [higher education department] shall report to the legislature and the governor on the status of extended learning programs and make recommendations on the funding level for such projects for the upcoming year.
History:
Laws 1995, ch. 224, § 17.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For designation of the commission on higher education as the higher education department,
see
9-25-4.1 NMSA 1978.
Effective dates.
— Laws 1995, ch. 224 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1995, 90 days after adjournment of the legislature.