reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21M - Students with Disabilities Scholarship Act › Section 21-21M-7 - Fund created.

The "students with disabilities scholarship fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations and income from investment of the fund. The department shall administer the fund and, subject to appropriation by the legislature, shall provide scholarships to students with disabilities as provided in the Students with Disabilities Scholarship Act. Expenditures from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary or the secretary's authorized representative.
History:
Laws 2007, ch. 75, § 7 and Laws 2007, ch. 76, § 7.
ANNOTATIONS
Compiler's notes.
— Laws 2007, ch. 75, § 7 and Laws 2007, ch. 76, § 7 enacted identical provisions, effective June 15, 2007.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21M - Students with Disabilities Scholarship Act › Section 21-21M-8 - Report.

A. Each public post-secondary educational institution shall submit an annual students with disabilities scholarship report to the department that includes information required by the department. The department shall submit an annual report to the legislative finance committee and to the legislative education study committee.
B. The department and public post-secondary educational institutions shall cooperate in data collection and data sharing and for other matters necessary to carry out the provisions of the Students with Disabilities Scholarship Act.
History:
Laws 2007, ch. 75, § 8 and Laws 2007, ch. 76, § 8.
ANNOTATIONS
Compiler's notes.
— Laws 2007, ch. 75, § 8 and Laws 2007, ch. 76, § 8 enacted identical provisions, effective June 15, 2007.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21N - Legislative Lottery Tuition Scholarship › Section 21-21N-1 - Short title.

Chapter 21, Article 21N NMSA 1978 may be cited as the "Legislative Lottery Tuition Scholarship Act".
History:
Laws 2014, ch. 80, § 1; 2015, ch. 84, § 1.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, changed the statutory reference of the Legislative Lottery Tuition Scholarship Act from "Sections 1 through 6 of this act" to "Chapter 21, Article 21N NMSA 1978".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21N - Legislative Lottery Tuition Scholarship › Section 21-21N-5 - Lottery tuition fund created; purpose.

A. The "lottery tuition fund" is created in the state treasury. The fund shall be administered by the department. Earnings from investment of the fund shall accrue to the credit of the fund. The fund shall maintain an annual average balance of two million dollars ($2,000,000), and any balance in the fund at the end of any fiscal year shall remain in the fund for appropriation by the legislature as provided in this section.
B. Money in the fund shall be appropriated by the legislature to the department for distribution to New Mexico's public post-secondary educational institutions and tribal colleges to provide tuition assistance for qualified students and legacy students as provided in the Legislative Lottery Tuition Scholarship Act.
History:
Laws 1995, ch. 155, § 23; 1997, ch. 106, § 1; 2001, ch. 300, § 2; 1978 Comp., § 6-24-23, recompiled and amended as § 21-21N-5 by Laws 2014, ch. 80, § 5; 2019, ch. 54, § 4.
ANNOTATIONS
Recompilations.
— Laws 2014, ch. 80, § 5 recompiled and amended former 6-24-23 NMSA 1978 as 21-21N-5 NMSA 1978, effective March 12, 2014.
The 2019 amendment,
effective July 1, 2019, provided for tribal colleges to receive funds from the lottery tuition fund; and in Subsection B, after "educational institutions", added "and tribal colleges".
The 2014 amendment,
effective March 12, 2014, required that the fund maintain an annual average balance; provided that the fund shall be used to assist qualified students and legacy students; in Subsection A, in the second sentence, after "administered by the", changed "commission on higher education" to "department"; and at the beginning of the fourth sentence, added "The fund shall maintain an annual average balance of two million dollars ($2,000,000), and"; and in Subsection B, after "Money in the", deleted "lottery tuition", changed "is" to "shall be", after "shall be appropriated", added "by the legislature", after "by the legislature", changed "commission on higher education" to "department", and after "tuition assistance for", deleted the "New Mexico undergraduates as provided by law" and added "qualified students and legacy students as provided in the Legislative Lottery Tuition Scholarship Act".
Appropriations.
— Laws 2014, ch. 80, § 9, effective March 12, 2014, appropriated $11,000,000 from the student financial aid fund of the higher education department to the lottery tuition fund for expenditure in fiscal year 2014 and subsequent fiscal years to supplement the lottery tuition fund. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21N - Legislative Lottery Tuition Scholarship › Section 21-21N-6 - Department rulemaking and reporting.

A. The department shall promulgate rules setting forth explicit criteria in accordance with the Legislative Lottery Tuition Scholarship Act for:
(1) student qualification and continuing eligibility; and
(2) calculating the tuition scholarship award amount pursuant to Section 4 [21-21N-4 NMSA 1978] of the Legislative Lottery Tuition Scholarship Act and guidelines for the administration of the tuition scholarship program.
B. The department shall report by November 1 of each year to the legislative finance committee and the department of finance and administration on:
(1) the status of the fund;
(2) tuition scholarship program participation data aggregated for each public post-secondary educational institution to show:
(a) the number of qualified students and the number of legacy students who received tuition scholarships in the prior twelve-month period;
(b) the total number of students, including qualified students and legacy students, enrolled in the prior twelve-month period;
(c) for each semester, the amount of tuition scholarships funded and the amount of tuition costs that were not offset by the tuition scholarship; and
(d) the number of qualified students and the number of legacy students who graduated with a degree and, for each qualified student, the number of consecutive semesters and nonconsecutive semesters attended prior to graduation; and
(3) any additional information required or requested by the legislative finance committee or the department of finance and administration.
History:
Laws 2014, ch. 80, § 6.
ANNOTATIONS
Emergency clauses.
— Laws 2014, ch. 80, § 11, contained an emergency clause and was approved March 12, 2014.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21O - Teacher Preparation Affordability › Section 21-21O-1 - Short title.

Chapter 21, Article 21O NMSA 1978 may be cited as the "Teacher Preparation Affordability Act".
History:
Laws 2019, ch. 193, § 7; 2023, ch. 201, § 1.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, deleted "Sections 7 through 14 of this act" and added "Chapter 21, Article 21O NMSA 1978".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21O - Teacher Preparation Affordability › Section 21-21O-2 - Definitions.

As used in the Teacher Preparation Affordability Act:
A. "department" means the higher education department;
B. "eligible student" means a New Mexico resident who is enrolled or enrolling in an accredited public education department-approved teacher preparation program at a New Mexico public post-secondary educational institution or tribal college at any time later than one hundred twenty days following high school graduation or the award of a high school equivalency credential and who is pursuing a teaching degree or is a licensed teacher and is pursuing a graduate degree in education or related to their teaching speciality;
C. "scholarship" means a teacher preparation affordability scholarship; and
D. "tribal college" means a tribally, federally or congressionally chartered tribal post-secondary educational institution located in New Mexico that is accredited by the higher learning commission.
History:
Laws 2019, ch. 193, § 8; 2023, ch. 201, § 2.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, revised the definition of "eligible student" and "tribal college" as used in the Teacher Preparation Affordability Act; in Subsection B, after "enrolled or enrolling", deleted "at least half-time", and after "teaching degree", added "or is a licensed teacher and is pursuing a graduate degree in education or related to their teaching specialty"; and in Subsection D, after "accredited by the", deleted "north central association of colleges and schools" and added "higher learning commission".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21O - Teacher Preparation Affordability › Section 21-21O-3 - Conditions for eligibility.

A scholarship may be awarded to an eligible student who:
A. has not earned appropriate educational credentials to be licensed as a teacher by the public education department or is a licensed teacher and is pursuing a graduate degree;
B. has demonstrated financial need consistent with the criteria promulgated by the department; and
C. has complied with other rules promulgated by the department to carry out the provisions of the Teacher Preparation Affordability Act.
History:
Laws 2019, ch. 193, § 9; 2023, ch. 201, § 3.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, expanded the eligibility of the Teacher Preparation Affordability Act to include a licensed teacher who is pursuing a graduate degree; and in Subsection A, after "public education department", added "or is a licensed teacher and is pursuing a graduate degree".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21O - Teacher Preparation Affordability › Section 21-21O-4 - Scholarship authorized; administration; preference in scholarship awards.

A. The department shall administer the Teacher Preparation Affordability Act and shall promulgate rules to carry out the provisions of that act.
B. Scholarships shall be awarded to qualified eligible students. Qualifications shall be determined by rule of the department.
C. The department shall allocate money to public post-secondary educational institutions and tribal colleges based on a student need formula calculated according to income reported on the free application for federal student aid, on the number of students enrolled in each public education department-approved teacher preparation program at a New Mexico public post-secondary educational institution or tribal college and on the percentage of the teacher preparation program's students classified as returning adults who are otherwise ineligible for state financial aid.
D. Public post-secondary educational institutions and tribal colleges shall make awards to qualifying eligible students based on financial need in an amount not to exceed six thousand dollars ($6,000) per year for not more than five years as determined by rule of the department.
E. Public post-secondary educational institutions and tribal colleges shall make awards first to qualifying eligible students who:
(1) are English language learners;
(2) are minority students; or
(3) have declared intent to teach in a high-need teacher position as defined by the public education department.
F. After scholarships have been awarded to eligible students pursuant to Subsection E of this section, a public post-secondary educational institution or tribal college shall award scholarships to other eligible students as determined by department rule.
G. Money for the scholarship shall be placed in an account at the public post-secondary educational institution or tribal college in the name of the eligible student, and the money may be drawn upon to pay educational expenses charged by the institution, including tuition, fees, books and course supplies, and living expenses.
History:
Laws 2019, ch. 193, § 10.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 193 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 21O - Teacher Preparation Affordability › Section 21-21O-5 - Duration of scholarship.

Each scholarship is for a period of one semester. A scholarship may be renewed as long as the eligible student continues to meet the conditions of eligibility, until the eligible student graduates from a public post-secondary educational institution or tribal college.
History:
Laws 2019, ch. 193, § 11.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 193 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 21O - Teacher Preparation Affordability › Section 21-21O-6 - Termination of scholarship.

A scholarship is terminated upon occurrence of one or more of the following:
A. the eligible student withdraws from the public post-secondary educational institution or tribal college or from the teacher preparation program;
B. the eligible student fails to achieve satisfactory academic progress; or
C. the eligible student is in substantial noncompliance with the Teacher Preparation Affordability Act or the rules promulgated pursuant to that act.
History:
Laws 2019, ch. 193, § 12; 2023, ch. 201, § 4.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, removed the requirement that an eligible student be enrolled at least half-time; and in Subsection A, after "teacher preparation program", deleted "or the eligible student fails to remain at least a half-time student".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21O - Teacher Preparation Affordability › Section 21-21O-7 - Fund created.

The "teacher preparation affordability scholarship fund" is created as a nonreverting fund in the state treasury that consists of income from investment of the fund; specified distributions; appropriations; and unspecified gifts, grants and donations to the fund. Money in the fund is subject to appropriation by the legislature to the department for scholarship awards as provided in the Teacher Preparation Affordability Act. Expenditures from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of higher education or the secretary's authorized representative.
History:
Laws 2019, ch. 193, § 13.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 193 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 21P - Grow Your Own Teachers › Section 21-21P-1 - Short title.

Sections 1 through 8 [21-21P-1 to 21-21P-8 NMSA 1978] of this act may be cited as the "Grow Your Own Teachers Act".
History:
Laws 2019, ch. 230, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 230 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.
Temporary provisions.
— Laws 2019, ch. 230, § 9 provided:
A. At any time before releasing proposed initial rules for the Grow Your Own Teachers Act, the higher education department shall consult with the public education department, and the two departments shall convene or survey a geographically representative sample of educational assistants who want to pursue higher education and teachers who began their education careers as educational assistants to hear problems and concerns based on their experiences, challenges and expectations in pursuing higher education in general and teacher licensure in particular. The higher education department shall take those problems and concerns into account when issuing proposed rules.
B. The public education department shall report the findings from the consultation or survey of educational assistants and teachers who began their career as educational assistants to all educational assistants in school districts, charter schools, constitutional special schools, state institutions and state agencies that employ educational assistants and shall include copies of the Grow Your Own Teachers Act and the proposed rules.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21P - Grow Your Own Teachers › Section 21-21P-2 - Definitions.

As used in the Grow Your Own Teachers Act:
A. "department" means the higher education department;
B. "public school" includes constitutional special schools and state institutions and state agencies that educate children;
C. "school employee" means a resident of New Mexico who is authorized to work in the United States and who has been employed by a public school in a position that works directly with students for at least two years and is in good standing with the school district and who is enrolled in or accepted by an undergraduate teacher preparation program at a regionally accredited public post-secondary educational institution in New Mexico; and
D. "teacher preparation program" means a program that has been formally approved as meeting the requirements of the public education department and that leads to level one teacher licensure, including a program in a two-year post-secondary educational institution that meets the requirements for a teacher education transfer module established pursuant to Subsection C of Section 21-1B-4 NMSA 1978.
History:
Laws 2019, ch. 230, § 2; 2021, ch. 11, § 1.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, defined "school employee", removed the definition of "educational assistant", and revised the definition of "public school" as used in the Grow Your Own Teachers Act; deleted former Subsection B, which defined "educational assistant", and redesignated former Subsection C as new Subsection B; in Subsection B, after "educate children", deleted "and employ educational assistants"; and added a new Subsection C.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21P - Grow Your Own Teachers › Section 21-21P-3 - Fund created; method of payment.

The "grow your own teachers fund" is created in the state treasury. The fund consists of money appropriated for scholarships pursuant to the Grow Your Own Teachers Act, earnings from investment of the fund, gifts, grants and donations to the fund. Money in the fund shall not revert at the end of a fiscal year. Money in the fund is subject to appropriation by the legislature to implement the provisions of the Grow Your Own Teachers Act. The fund shall be administered by the department. All payments of money for loans shall be made on warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of higher education or the secretary's designated representative.
History:
Laws 2019, ch. 230, § 3; 2021, ch. 11, § 2.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, clarified that money in the "grow your own teachers fund" is subject to legislative appropriation; and added "Money in the fund is subject to appropriation by the legislature to implement the provisions of the Grow Your Own Teachers Act".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21P - Grow Your Own Teachers › Section 21-21P-4 - School employees; teacher preparation; professional leave.

A. A school employee who wants to become a teacher may petition the public school in which the school employee is employed to grant professional leave for college classes, examinations and practice teaching, as needed. The public school shall grant professional leave if the school employee is a recipient of a scholarship pursuant to the Grow Your Own Teachers Act and the professional leave minimizes disruption to the school day. The public school may require school employees to make up hours in exchange for hours missed during the school day.
B. If a school employee who is accepted into or enrolled in a teacher preparation program offered by a regionally accredited public post-secondary educational institution in New Mexico does not live within a reasonable distance of the public post-secondary educational institution's campus, the public school shall allow the school employee to use the distance education resources of the school district to take classes.
History:
Laws 2019, ch. 230, § 4; 2021, ch. 11, § 3.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, substituted each occurrence of "educational assistant" with "school employee" to conform to revised definitions in the Grow Your Own Teachers Act, and clarified provisions related to professional leave for recipients of a scholarship pursuant to the Grow Your Own Teachers Act; replaced each occurrence of "educational assistant" with "school employee" throughout; and in Subsection A, after "Grow Your Own Teachers Act", added "and the professional leave minimizes disruption to the school day. The public school may require school employees to make up hours in exchange for hours missed during the school day".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21P - Grow Your Own Teachers › Section 21-21P-5 - Conditions for eligibility.

A scholarship may be awarded to a school employee who:
A. has not earned appropriate educational credentials to be licensed as a teacher by the public education department;
B. has demonstrated financial need consistent with the criteria promulgated by the department; and
C. has complied with other rules promulgated by the department to carry out the provisions of the Grow Your Own Teachers Act.
History:
Laws 2019, ch. 230, § 5; 2021, ch. 11, § 4.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, expanded the scholarship program eligibility to allow school employees, as defined in the Grow Your Own Teachers Act, to qualify; and after "awarded to", changed "an educational assistant" to "a school employee".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21P - Grow Your Own Teachers › Section 21-21P-7 - Duration of scholarship.

Each scholarship is for a period of one semester. A scholarship may be renewed, as long as the school employee continues to meet the conditions of eligibility, until the school employee graduates from a public post-secondary educational institution.
History:
Laws 2019, ch. 230, § 7; 2021, ch. 11, § 6.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, applied the provisions of the section to "school employees" as newly defined in the Grow Your Own Teachers Act; and replaced "educational assistant" with "school employee" throughout the section.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21P - Grow Your Own Teachers › Section 21-21P-8 - Termination of scholarship.

A scholarship is terminated upon occurrence of one or more of the following:
A. the school employee withdraws from the public post-secondary educational institution or from the teacher preparation program, or the school employee fails to remain at least a half-time student;
B. the school employee fails to achieve satisfactory academic progress; or
C. the school employee is in substantial noncompliance with the Grow Your Own Teachers Act or the rules promulgated pursuant to that act.
History:
Laws 2019, ch. 230, § 8; 2021, ch. 11, § 7.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, applied the provisions of the section to "school employees" as newly defined in the Grow Your Own Teachers Act; and replaced "educational assistant" with "school employee" throughout the section.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21Q - Community Governance Attorney › Section 21-21Q-1 - Short title.

This act [21-21Q-1 to 21-21Q-5 NMSA 1978] may be cited as the "Community Governance Attorney Act".
History:
Laws 2019, ch. 43, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 43, § 6 made Laws 2019, ch. 43 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21Q - Community Governance Attorney › Section 21-21Q-2 - Definitions.

As used in the Community Governance Attorney Act:
A. "acequia" means a political subdivision organized pursuant to Chapter 73, Article 2 or 3 NMSA 1978;
B. "colonia" means a community as defined in the Colonias Infrastructure Act [Chapter 6, Article 30 NMSA 1978];
C. "commission" means the community governance attorney commission;
D. "community governance attorney" means an attorney with a legal practice that is focused on the requirements and challenges faced by small political subdivisions and unincorporated communities, including the promulgation of land and water use ordinances, contracting and the collection or payment of taxes and fees;
E. "course of study" means a law student's legal education, including clinical and internship programs and preparation courses for the state bar examination;
F. "department" means the higher education department;
G. "fund" means the community governance attorney and conditional tuition waiver fund;
H. "land grant-merced" means a political subdivision organized pursuant to Chapter 49, Article 1 or 4 NMSA 1978;
I. "participant" means an individual who has applied to participate in, has been accepted into and has signed a contract agreeing to the terms of the program;
J. "program" means the community governance attorney and conditional tuition waiver program;
K. "secretary" means the secretary of higher education;
L. "university" means the university of New Mexico school of law; and
M. "waiver" means a loan to cover tuition, fees and a reasonable living stipend that is forgiven in whole or in part if the participant renders service as a community governance attorney.
History:
Laws 2019, ch. 43, § 2.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 43, § 6 made Laws 2019, ch. 43 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21Q - Community Governance Attorney › Section 21-21Q-4 - Commission; duties.

A. The "community governance attorney commission" is created. The commission shall be composed of five members as follows:
(1) the secretary or the secretary's designee;
(2) the dean of the university or the dean's designee; and
(3) three members appointed by the governor; provided that one member shall be a member of an acequia, one member shall be a current or past member of the land grant council and one member shall be a current or past member of the colonias infrastructure board and a resident of a colonia.
B. Staff and meeting space for the commission shall be provided by the university. The commission shall elect a chair and such other officers as it deems appropriate and shall meet at the call of the chair. Members of the commission shall receive per diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation.
C. The commission shall:
(1) make recommendations to the department on applicants for the program;
(2) advise the department on the adoption of rules to implement the provisions of the Community Governance Attorney Act;
(3) pursuant to the Procurement Code [13-1-28 to 13-1-199 NMSA 1978], solicit proposals for disbursement from the fund for legal services;
(4) enter into contracts for expenditure of the fund for the purpose of providing community governance attorney services for acequias, land grants-mercedes and low-income residents of colonias on issues regarding the governance of colonias. The contracts shall be entered into with the university or with nonprofit organizations whose mission is to provide a range of free legal services to low-income New Mexicans. No contract shall provide funding in excess of one-half of a full-time community governance attorney position, and each contract shall be executed only with service providers that have secured sufficient matching nonstate funding to provide a full-time position; and
(5) adopt such rules as are necessary to carry out the provisions of this section.
D. The department, pursuant to rules of the commission, shall administer the contracts and programs provided for in this section.
History:
Laws 2019, ch. 43, § 4.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 43, § 6 made Laws 2019, ch. 43 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21Q - Community Governance Attorney › Section 21-21Q-5 - Fund created; disbursement.

A. The "community governance attorney and conditional tuition waiver fund" is created in the state treasury. The fund shall consist of money appropriated, donated or otherwise accruing to the fund. All payments for repayment of waivers and penalties shall be credited to the fund. Balances in the fund shall not revert to any other fund at the end of a fiscal year.
B. Expenditures from the fund shall only be used to make waivers to participants in the program, to pay contracts for community governance attorney services and to pay the administrative expenses associated with the program and collection activity on its behalf; provided that no more than five percent of the annual expenditures from the fund shall be for administrative costs. The department shall require an annual accounting from each organization receiving funds pursuant to this section.
C. All waiver loan payments shall be by warrant drawn by the secretary upon vouchers signed by the designated representative of the department. All disbursements from the fund for community governance attorney services shall be by warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of higher education or the secretary's designee. Money in the fund is subject to appropriation by the legislature to the department for the purposes of carrying out the provisions of the Community Governance Attorney Act.
D. Money disbursed pursuant to this section shall not be used by a recipient to:
(1) support lobbying, as defined in the Lobbyist Regulation Act [Chapter 2, Article 11 NMSA 1978]; or
(2) bring suit against the state.
History:
Laws 2019, ch. 43, § 5.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 43, § 6 made Laws 2019, ch. 43 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21R - Opportunity Scholarship › Section 21-21R-1 - Short title.

This act [21-21R-1 to 21-21R-8 NMSA 1978] may be cited as the "Opportunity Scholarship Act".
History:
Laws 2022, ch. 42, § 1.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 42, § 11 made Laws 2022, ch. 42, § 1 effective July 1, 2022.
Temporary provisions.
— Laws 2022, ch. 42, § 9 provided that on July 1, 2022, the Opportunity Scholarship Act:
A. all balances of the legislative endowment scholarship fund and the college affordability endowment fund shall be transferred to the opportunity scholarship fund; and
B. any appropriation to the opportunity scholarship program within the General Appropriation Act of 2022 shall be transferred to the opportunity scholarship fund.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21R - Opportunity Scholarship › Section 21-21R-2 - Definitions.

As used in the Opportunity Scholarship Act:
A. "community college" means a branch community college of a four-year state educational institution, a two-year state educational institution or a community college or technical and vocational institute established pursuant to Chapter 21, Article 13 or 16 NMSA 1978;
B. "department" means the higher education department;
C. "eligible student" means a New Mexico resident who is enrolled or enrolling in at least six credit hours, excluding the summer semester, in a public post-secondary educational institution or tribal college at any time following high school graduation or the award of a high school equivalency credential;
D. "public post-secondary educational institution" means a four-year state educational institution or a community college;
E. "scholarship" means an opportunity scholarship;
F. "state educational institution" means an institution of higher education enumerated in Article 12, Section 11 of the constitution of New Mexico; and
G. "tribal college" means a tribally, federally or congressionally chartered post-secondary educational institution located in New Mexico that is accredited by the higher learning commission.
History:
Laws 2022, ch. 42, § 2.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 42, § 11 made Laws 2022, ch. 42, § 2 effective July 1, 2022.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21R - Opportunity Scholarship › Section 21-21R-3 - Conditions for eligibility.

A. A scholarship may be awarded to an eligible student who:
(1) has not earned a baccalaureate degree at the time the scholarship is awarded;
(2) is enrolled in a minimum of six credit hours per semester and no more than eighteen credit hours per fall or spring semester;
(3) maintains a cumulative grade point average of 2.5 on a 4.0 scale; and
(4) has complied with other rules promulgated by the department to carry out the provisions of the Opportunity Scholarship Act.
B. A scholarship may be awarded for the summer semester; provided that the student enrolls in no less than three and no more than nine credit hours.
C. A scholarship may be awarded for one credit-bearing certificate or certificates, only one associate degree and only one bachelor's degree per student.
D. A scholarship for a credit-bearing certificate may only be awarded where data indicates that the certificate is in high demand by New Mexico employers as determined by the department in consultation with the workforce solutions department.
E. Students with disabilities or exceptional mitigating circumstances may petition for a waiver of eligibility requirements on a per semester basis. The lead financial aid officer of the public post-secondary institution or tribal college shall exercise professional judgment in consideration of any request for a waiver.
History:
Laws 2022, ch. 42, § 3.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 42, § 11 made Laws 2022, ch. 42, § 3 effective July 1, 2022.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21R - Opportunity Scholarship › Section 21-21R-4 - Scholarship authorized; administration.

A. The department shall administer the Opportunity Scholarship Act and shall promulgate rules to carry out the provisions of that act.
B. Scholarships shall be awarded to qualified eligible students in an amount not to exceed one hundred percent of tuition and fees after all other state financial aid has been applied. Qualifications shall be determined by rule of the department.
C. Prior to June 1 of each year, based on the amount appropriated by the legislature from the opportunity scholarship fund and on the projected enrollment at all public post-secondary educational institutions and tribal colleges, the department shall:
(1) determine the total amount of money available for all scholarships for eligible students;
(2) determine the award amount for public post-secondary educational institutions and tribal colleges; and
(3) notify all public post-secondary educational institutions and tribal colleges of the determinations made pursuant to Paragraphs (1) and (2) of this subsection.
D. In determining distribution and award amounts for the scholarships, the department shall:
(1) distribute to all public post-secondary educational institutions and tribal colleges an amount not to exceed the remaining balance in the opportunity scholarship fund; and
(2) subject to the provisions of Paragraph (1) of this subsection, distribute to each public post-secondary educational institution and tribal college an amount based on the projected enrollment at each public post-secondary educational institution and tribal college.
History:
Laws 2022, ch. 42, § 4.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 42, § 11 made Laws 2022, ch. 42, § 4 effective July 1, 2022.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21R - Opportunity Scholarship › Section 21-21R-5 - Duration of scholarship authorized.

A. Each scholarship is for a period of one semester, including the summer semester. A scholarship may be renewed; provided that the eligible student continues to meet the conditions of eligibility.
B. Scholarships may be provided to an eligible student until the eligible student receives a credit-bearing certificate or certificates.
C. Scholarships may be provided to an eligible student for up to ninety credit hours for the completion of an associate degree.
D. Scholarships may be provided to an eligible student for up to one hundred sixty credit hours for the completion of a bachelor's degree.
E. Scholarships may be provided to an eligible student until the eligible student graduates from a four-year public post-secondary educational institution or tribal college.
History:
Laws 2022, ch. 42, § 5.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 42, § 11 made Laws 2022, ch. 42, § 5 effective July 1, 2022.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21R - Opportunity Scholarship › Section 21-21R-6 - Termination of scholarship authorized.

A scholarship is terminated upon occurrence of:
A. withdrawal of the eligible student from the public post-secondary educational institution or tribal college or failure to remain enrolled in at least six credit hours per semester, excluding the summer semester;
B. failure of the eligible student to achieve satisfactory academic progress set by the public post-secondary educational institution or tribal college; or
C. substantial noncompliance by the eligible student with the Opportunity Scholarship Act or the rules promulgated pursuant to that act.
History:
Laws 2022, ch. 42, § 6.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 42, § 11 made Laws 2022, ch. 42, § 6 effective July 1, 2022.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21R - Opportunity Scholarship › Section 21-21R-7 - Fund created.

The "opportunity scholarship fund" is created as a nonreverting fund in the state treasury, consisting of income from investment of the fund and any specified distributions, appropriations, gifts, grants and donations to the fund. Money in the fund is appropriated to the department for scholarship awards as provided in the Opportunity Scholarship Act. Expenditures from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of higher education or the secretary's authorized representative.
History:
Laws 2022, ch. 42, § 7.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 42, § 11 made Laws 2022, ch. 42, § 7 effective July 1, 2022.
Temporary provisions.
— Laws 2022, ch. 42, § 9 provided that on July 1, 2022, the Opportunity Scholarship Act:
A. all balances of the legislative endowment scholarship fund and the college affordability endowment fund shall be transferred to the opportunity scholarship fund; and
B. any appropriation to the opportunity scholarship program within the General Appropriation Act of 2022 shall be transferred to the opportunity scholarship fund.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 21R - Opportunity Scholarship › Section 21-21R-8 - Department rulemaking and reporting.

A. The department shall promulgate rules setting forth explicit criteria in accordance with the Opportunity Scholarship Act for:
(1) student qualification and continuing eligibility;
(2) calculating the total amount of money necessary to pay for opportunity scholarships at each eligible institution pursuant to Section 4 [21-21R-4 NMSA 1978] of the Opportunity Scholarship Act and guidelines for the administration of the Opportunity Scholarship Act; and
(3) requirements for the memoranda of understanding regarding institution eligibility to participate in the opportunity scholarship program.
B. The department shall report by November 1 of each year to the legislative finance committee and the department of finance and administration on the:
(1) status of the opportunity scholarship fund; and
(2) Opportunity Scholarship Act participation data aggregated for each eligible institution to show the:
(a) number of eligible students who received scholarships in the prior academic year;
(b) total number of students enrolled in eligible institutions in the prior academic year; and
(c) number of eligible students who graduated with a degree and, for each eligible student, the number of consecutive semesters and nonconsecutive semesters attended prior to graduation.
History:
Laws 2022, ch. 42, § 8.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 42, § 11 made Laws 2022, ch. 42, § 8 effective July 1, 2022.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 22 - Medical Student Loans › Section 21-22-1 - Short title.

Chapter 21, Article 22 NMSA 1978 may be cited as the "Medical Student Loan for Service Act".
History:
1953 Comp., § 73-38A-1, enacted by Laws 1975, ch. 244, § 1; 1991, ch. 262, § 27.
ANNOTATIONS
Cross references.
— For the Osteopathic Medical Student Loan for Service Act,
see
Chapter 21, Article 22A NMSA 1978.
For the Nursing Student Loan for Service Act,
see
Chapter 21, Article 22B NMSA 1978.
For the Allied Health Student Loan for Service Act,
see
Chapter 21, Article 22C NMSA 1978.
For the Health Professional Loan Repayment Act,
see
Chapter 21, Article 22D NMSA 1978.
For authorization for program of loans to students of healing arts,
see
N.M. Const., art. IX, § 14.
The 1991 amendment,
effective June 14, 1991, rewrote this section which read "This act may be cited as the 'Medical Student Loan Act'."
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 22 - Medical Student Loans › Section 21-22-2 - Purpose.

The purpose of the Medical Student Loan for Service Act is to meet the emergency currently existing resulting from the shortage of medical doctors and physician assistants in the less populated areas of the state by increasing the number of practitioners in rural areas through a program of loans for medical and physician assistant students. The program shall require as a condition of each loan that the student declare his intent that after licensure he will commence his practice of medicine within one of the areas of the state designated by the commission [department].
History:
1953 Comp., § 73-38A-2, enacted by Laws 1975, ch. 244, § 2; 1991, ch. 262, § 28; 1995, ch. 144, § 2; 2005, ch. 321, § 1.
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.
Cross references.
— For provisions on the health profession advisory committee,
see
21-1-26.8 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, changed "health profession advisory committee" to "commission".
The 1995 amendment,
effective July 1, 1995, deleted Subsection B and, in the former Subsection A, deleted the subsection designation, substituted "health profession advisory committee" for "medical shortage area committee" in the second sentence, and made a minor stylistic change at the end.
The 1991 amendment,
effective June 14, 1991, added "Committee" in the catchline and rewrote the section to the extent that a detailed analysis would be impracticable.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 22 - Medical Student Loans › Section 21-22-3 - Definitions.

As used in the Medical Student Loan for Service Act:
A. "commission" ["department"] means the commission on higher education [higher education department];
B. "loan" means a grant of funds to defray the costs incidental to a medical education under a contract between the commission [department] and a medical student requiring either repayment with interest or repayment in services; and
C. "student" means a resident of New Mexico who is a student enrolled in a school of medicine.
History:
1953 Comp., § 73-38A-3, enacted by Laws 1975, ch. 244, § 3; 1982, ch. 34, § 1; 1987, ch. 299, § 11; 1991, ch. 262, § 29.
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.
The 1991 amendment,
effective June 14, 1991, substituted "Medical Student Loan for Service Act" for "Medical Student Loan Act" in the introductory paragraph and deleted " 'board' or" at the beginning of Subsection A.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 22 - Medical Student Loans › Section 21-22-3.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 299, § 12 repealed 21-22-3.1 NMSA 1978, as enacted by Laws 1982, ch. 34, § 5, defining "students for the healing arts", effective June 19, 1987.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 22 - Medical Student Loans › Section 21-22-5 - Delegation of duties to other agencies.

The commission [department] may arrange with other agencies for the performance of services required by the provisions of Section 21-22-4 NMSA 1978.
History:
1953 Comp., § 73-38A-5, enacted by Laws 1975, ch. 244, § 5; 1982, ch. 34, § 3; 1991, ch. 262, § 31.
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.
The 1991 amendment,
effective June 14, 1991, substituted "commission" for "board".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 22 - Medical Student Loans › Section 21-22-7 - Contracts; legal assistance; enforcement.

The general form of the contract provided for in Section 21-22-6 NMSA 1978 shall be prepared and approved by the attorney general and signed by the student and a designee of the commission [department] on behalf of the state. The commission [department] is vested with full and complete authority and power to sue in its own name for any balance due the state from any student on any such contract.
History:
1953 Comp., § 73-38A-7, enacted by Laws 1975, ch. 244, § 7; 1991, ch. 262, § 33.
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.
The 1991 amendment,
effective June 14, 1991, inserted "provided for in Section 21-22-6 NMSA 1978" and substituted "a designee of the commission" for "the chairman and executive secretary of the board" in the first sentence and "commission" for "board" in the second sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities § 5.
14A C.J.S. Colleges and Universities § 17.