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 21-1-26.2 - Post-secondary education; adult correctional facilities.

Upon approval by the corrections department in consultation with the higher education department, state-supported post-secondary educational institutions shall receive credit on a full-time equivalency basis for students enrolled in their respective programs within adult correctional facilities. Funding recommendations to implement the provisions of this section shall be developed by the higher education department or the public education department as appropriate in the same manner that funding recommendations for similar programs at other institutions are calculated.
History:
Laws 1981, ch. 69, § 1; 2005, ch. 289, § 17.
ANNOTATIONS
The 2005 amendment,
effective April 7, 2005, changed "board of educational finance" to "higher education department" and changed "public school finance division of the department of finance and administration" to "public education department".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
60 Am. Jur. 2d Penal and Correctional Institutions § 100.
72 C.J.S. Prisons and Rights of Prisoners § 59.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-26.3 - Verification function.

The higher education department shall annually conduct special verifications of the institutions of higher education. The verifications shall include enrollments, fund balances, compliance with legislation, comparison of expenditures to budgets and other areas to be determined by the department. Reports on the verifications shall be made annually to the department of finance and administration and the legislative finance committee. The department shall consider the verification findings in making its annual recommendations to the executive and legislature for higher education funding.
History:
1978 Comp., § 21-1-26.3, enacted by Laws 1986, ch. 24, § 3; 1999, ch. 173, § 1; 2005, ch. 289, § 18.
ANNOTATIONS
The 2005 amendment,
effective April 7, 2005, changed "commission on education" to "higher education department".
The 1999 amendment,
effective June 18, 1999, substituted "verification" for "audit" in the section heading and throughout the section and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-26.5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1995, ch. 224, § 29 repealed 21-1-26.4 and 21-1-26.5 NMSA 1978, as enacted by Laws 1989, ch. 381, §§ 1 and 2, relating to legislative findings and development of a statewide articulation plan, effective June 16, 1995. For provisions of former sections,
see
the 1994 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-26.6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 173, § 3 repealed 21-1-26.6 NMSA 1978, as enacted by Laws 1990 (1st S.S.), ch. 4, § 1, relating to indicators of performance of educational institutions in the state, effective June 18, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
21-1-26.7 NMSA 1978.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-26.8 - Repealed.

History:
Laws 1995, ch. 144, § 1; repealed by Laws 2005, ch. 321, § 14.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 321, § 14 repealed 21-1-26.8 NMSA 1978, as enacted by Laws 1995, ch. 144, § 1, relating to creation of health profession advisory committee, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-26.9 - Limitation; higher education department; review of proposed campuses.

Effective January 1, 1998, no new public post-secondary educational institution, branch campus or off-campus instructional center shall be created except as specifically created by the legislature. The higher education department shall review any proposal for the establishment of a new public post-secondary educational institution or campus and submit its recommendations to the legislature. In reviewing proposals, the department may consider:
A. provisions for a local mill levy of at least two mills;
B. population base to provide at least five hundred full-time students;
C. whether at least fifty percent of the costs of initial construction comes from private or local sources;
D. governance structure;
E. means for acquisition of property, including purchase, lease, donations or any other means;
F. eligibility and level of funding request of the state; and
G. brokering of extended learning provisions.
History:
Laws 1998, ch. 61, § 2; 2005, ch. 289, § 20.
ANNOTATIONS
The 2005 amendment,
effective April 7, 2005, changed "commission on higher education" to "higher education department".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-26.10 - Higher education department; plan for funding significant post-secondary educational infrastructure needs.

The higher education department, in conjunction with the governing bodies of the post-secondary educational institutions and other state educational institutions confirmed in Article 12, Section 11 of the constitution of New Mexico, shall develop and approve a five-year plan for funding the infrastructure renovation and expansion projects designated by the department as the highest priority of significant needs. The department shall determine the projects and amounts to be funded, with a timetable for the projects and amounts to be funded each year over the five-year period, subject to review and comment by the educational institutions and subject to appropriations.
History:
Laws 1999 (1st S.S.), ch. 6, § 18; 2005, ch. 289, § 21.
ANNOTATIONS
The 2005 amendment,
effective April 7, 2005, changed "commission on higher education" to "higher education department"; deleted the former provisions in Subsection A that the five-year plan will be funded with supplemental severance tax bonds and that projects were subject to the amount of supplemental severance tax bonds issued each year; provided in Subsection A that projects are subject to appropriations; and deleted former Subsection B which provided that the commission on higher education shall administer the proceeds for supplemental severance tax bonds and distribute the proceeds to educational institutions with projects funded with the proceeds.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-26.11 - Higher education department; additional duties.

In addition to the duties imposed upon the higher education department by the Post-Secondary Educational Planning Act [Chapter 21, Article 2 NMSA 1978], the department shall plan and budget for the statewide adult basic education program and shall adopt and promulgate rules for all such adult educational programs. The department shall establish a uniform protocol for identifying, communicating with and providing direct and equitable access to funding for eligible agencies, which include:
A. local educational agencies;
B. community-based organizations;
C. volunteer literacy organizations;
D. post-secondary institutions;
E. public or private nonprofit agencies;
F. public libraries;
G. public housing authorities; and
H. a consortium of agencies, organizations, institutions, libraries or authorities as described in Section 203 of Public Law 105.
History:
Laws 2003, ch. 394, § 1; 2005, ch. 289, § 22.
ANNOTATIONS
The 2005 amendment,
effective April 7, 2005, changed "commission on higher education" to "higher education department".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-26.12 - Educational needs and guidelines; accountability reports.

A. The higher education department shall, through consultation with all public post-secondary educational institutions, develop and publish a statement of statewide educational needs and guidelines to assist the institutions in the development or modification of institutional strategic plans. The department may conduct studies of statewide educational needs and make recommendations to the governor, the legislature and public post-secondary educational institutions.
B. All public post-secondary educational institutions, including off-campus instruction programs and learning centers, shall:
(1) approve and submit accountability reports prepared in accordance with the statewide public agenda; and
(2) submit budgets for review no later than August 1 each year for the following fiscal year.
History:
Laws 2005, ch. 289, § 14.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 289, § 31 made the act effective April 7, 2005.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-27 - Higher education department; distribution of available funds.

In its distribution of available funds and its adjustment and approval of budgets, the higher education department shall not, in any event or in any manner, substitute for public funds any gift, donation, private endowment, patent income or other gratuity received or enjoyed by an institution in determining the adequate financing of an institution under its charge.
History:
1953 Comp., § 73-29-15.1, enacted by Laws 1965, ch. 267, § 1; 1986, ch. 24, § 4; 2005, ch. 289, § 23.
ANNOTATIONS
The 2005 amendment,
effective April 7, 2005, changed "commission on higher education" to "higher education department".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities §§ 2, 33, 37.
14A C.J.S. Colleges and Universities §§ 10, 12.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-27.2 - Technology enhancement fund created; allocations; application review panels.

A. The "technology enhancement fund" is created in the state treasury. The fund shall consist of appropriations, income from investment of the fund, gifts, grants, donations and bequests. Money in the fund shall not revert at the end of any fiscal year. The fund shall be administered by the commission on higher education [higher education department]. Money in the fund shall be used to provide matching funds to state research universities to support innovative applied research that advances knowledge and creates new products and production processes in the fields of agriculture, biotechnology, biomedicine energy, materials science, microelectronics, water resources, aerospace, telecommunications, manufacturing science and similar research areas. Money from the fund shall be expended on warrants of the secretary of finance and administration upon vouchers signed by the executive director of the commission on higher education [higher education department] or the executive director's authorized representative.
B. Grants from the fund are available to state research universities that are conducting collaborative research with corporate and nonprofit organizations. A state research university may apply for a grant from the fund in accordance with rules promulgated by the commission on higher education [higher education department]. Allocations from the fund shall be based on a competitive process with applications reviewed by a panel of scientific and business experts established by the commission [department]. The review panel shall judge proposals based on excellence in research design and possible innovation in cross-disciplinary, multi-campus and higher education-industry research collaboration. The review panel may determine new research areas.
C. To apply for a grant, a state research university must have equal or greater matching funds for the proposal from sources other than the state.
History:
Laws 2003, ch. 367, § 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.
Effective dates.
— Laws 2003, ch. 367 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 20, 2003, 90 days after 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 21-1-27.3 - Higher education performance fund; created; administration; distributions.

A. The "higher education performance fund" is created in the state treasury. The fund consists of appropriations, gifts, grants, donations and income from investment of the fund. Money in the fund shall not revert to any other fund. The fund shall be administered by the commission on higher education [higher education department] and money in the fund is appropriated to the commission [department] for distributions to public post-secondary educational institutions.
B. The commission [department] shall distribute money in the fund annually to each public post-secondary educational institution that met its performance standards in the preceding year.
C. The commission [department] shall develop rules for the assessment of performance measures and standards for public post-secondary educational institutions and shall annually assess the performance of each institution according to those measures and standards.
History:
Laws 2003, ch. 388, § 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.
Effective dates.
— Laws 2003, ch. 388 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after 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 21-1-27.4 - Higher education program development enhancement fund; purpose.

A. The "higher education program development enhancement fund" is created in the state treasury. All income earned on investment of the fund shall be credited to the fund and money in the fund shall not revert to any other fund at the end of a fiscal year. The fund shall be administered by the commission on higher education [higher education department] and money in the fund is appropriated to the commission [department] to carry out the purposes of this section. Disbursements from the fund shall be by warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the executive director of the commission on higher education [higher education department] or his authorized representative.
B. The higher education program development enhancement fund shall be used to enhance the contribution of post-secondary educational institutions to the resolution of critical state issues and the advancement of the welfare of state citizens.
C. At the beginning of each fiscal year in which the commission [department] determines that the balance of the fund is sufficient to make awards, the commission [department] shall define or reaffirm no more than four critical issues to be addressed through awards from the fund. Issues to be addressed may include:
(1) expanding instructional programs to meet critical statewide work force and professional training needs;
(2) enhancing instructional programs that provide employment opportunity for New Mexico students in a global economy; and
(3) developing mission-specific instructional programs that build on existing institutional academic strengths.
D. The commission [department] shall establish criteria and procedures for making awards from the fund based on evaluation of competitive proposals submitted by post-secondary educational institutions. Each winning proposal shall address at least one of the critical issues defined for use of the fund that year. Criteria may include:
(1) collaboration among educational agencies and other public or private entities that demonstrate a competency regarding the issues addressed by the proposal;
(2) the commitment of matching money; and
(3) evaluation components.
E. The commission [department] shall report annually to the legislature and the governor on the status of the fund and projects supported by the fund.
History:
Laws 2003, ch. 389, § 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.
Effective dates.
— Laws 2003, ch. 389, § 2 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-27.5 - Adult basic education fund created.

The "adult basic education fund" is created in the state treasury. Money in the fund is appropriated to the commission on higher education [higher education department] for the purpose of funding adult basic education programs for educationally disadvantaged adults. Money in the fund shall be distributed by the commission [department] pursuant to an equitable formula established by the commission [department] in consultation with representatives from the adult basic education administrative sites. Any unexpended or unencumbered balance remaining in the fund at the end of each fiscal year shall revert to the general fund.
History:
Laws 1995, ch. 56, § 1; 2003, ch. 394, § 3; § 22-8-30.1, recompiled as § 21-1-27.5 by Laws 2004, ch. 27, § 28.
ANNOTATIONS
Recompilations.
— Laws 2004, ch. 27, § 28 recompiled former 22-8-30.1 NMSA 1978 as 21-1-27.5 NMSA 1978, effective May 19, 2004.
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 2003 amendment,
effective April 8, 2003, substituted "commission on higher education" for "department of education" following "appropriated to the", substituted "commission" for "department of education" following "distributed by the", substituted "commission" for "state board" following "established by the", deleted "and with the approval of the commission on higher education as provided by law" following "education administrative sites".
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-27.6 - Adult basic education; distribution of money; objective formula; higher education department; adoption of formula.

The higher education department in consultation with representatives of adult basic education administrative sites shall create an equitable formula for the distribution of money in the adult basic education fund, including funding for instructional materials for adult basic education students. In establishing an equitable formula, the department shall consider the types of programs conducted, the cost of service delivery, the types and cost of instructional materials and the socioeconomic profiles of the adult receiving services. The department shall review the formula and any proposed changes with the adult basic education administrative sites prior to adoption or amendment.
History:
Laws 1995, ch. 56, § 2; 2003, ch. 394, § 4; § 22-8-30.2, recompiled as § 21-1-27.6 by Laws 2004, ch. 27, § 28; 2009, ch. 221, § 1.
ANNOTATIONS
Recompilations.
— Laws 2004, ch. 27, § 28 recompiled former 22-8-30.2 NMSA 1978 as 21-1-27.6 NMSA 1978, effective May 19, 2004.
The 2009 amendment,
effective July 1, 2010, after "adult basic education fund", added "including funding for instructional materials for basic adult education students" and after "the cost of service delivery", added "the types and cost of instructional materials".
The 2003 amendment,
effective April 8, 2003, in the catchline, substituted "commission on higher education" for "state board", deleted "commission on higher education approval"; in the section text, substituted "commission on higher education" for "state board" near the beginning, substituted "create" for "by regulation, establish" following "administrative sites shall", substituted "commission" for "state board" following "equitable formula", substituted "commission shall review the formula and any proposed changes with the adult basic education administrative sites" for "state board shall submit the proposed formula to the commission on higher education for approval" following "receiving services. The", and inserted "or amendment" at the end.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-27.7 - Fund created.

A. There is created in the state treasury the "nurse educators fund". The state treasurer shall deposit in the fund all amounts appropriated or credited to the fund. The fund shall be administered by the higher education department, which shall charge not more than a five percent administrative fee. Earnings from investment of the fund shall accrue to the credit of the fund. Any balance in the fund at the end of any fiscal year shall remain in the fund for appropriation by the legislature.
B. The purpose of the fund is to enable the attainment of bachelor of science, master of science, doctor of nursing practice and doctor of philosophy degrees in nursing programs by nursing educators employed by a public post-secondary educational institution and registered nurses seeking employment as nursing educators in a public post-secondary educational institution.
C. The higher education department shall develop rules for continuing employment or pay-back provisions for current and future nursing educators who use the fund.
History:
Laws 2005, ch. 136, § 1; 2015, ch. 41, § 1; 2015, ch. 47, § 1.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, expanded the purpose of the nurse educators fund to allow registered nurses who are seeking employment as nurse educators to use the fund to obtain a higher degree; in Subsection A, in the first sentence, after "created in the", deleted "commission on higher education" and added "state treasury", in the second sentence, after "appropriated", added "or credited", in the third sentence, after "administered by the", deleted "commission on" and after "higher education", added "department", and in the last sentence, after "legislature", deleted "as provided in this section"; in Subsection B, after "fund is to", deleted "enhance the ability of college and university employed nursing educators to obtain" and added "enable the attainment of", after "master of science", added "doctor of nursing practice", and after "philosophy degrees", added the remainder of the sentence; and in Subsection C, after "The", deleted "commission on", after "higher education", added "department", and after "provisions for", added "current and future".
Laws 2015, ch. 41, § 1 and Laws 2015, ch. 47, § 1, both effective June 19, 2015, enacted identical amendments to this section. The section was set out as amended by Laws 2015, ch. 47, § 1.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-27.8 - Adult basic education; instructional materials.

The higher education department shall promulgate rules on the purchase and provision of instructional materials for the free use of adult basic education students. The rules shall include:
A. the responsibilities of adult basic education administrative units as agents for the benefit of students entitled to the free use of instructional materials; and
B. inventory and accounting procedures to be followed by the adult basic education administrative units.
History:
Laws 2009, ch. 221, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 221, § 11 made Laws 2009, ch. 221, § 2 effective July 1, 2010.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-27.9 - Alternative energy and energy efficiency programs; fund created; awards; criteria.

A. The "higher education new energy development fund" is created in the state treasury. The fund shall consist of appropriations, gifts, grants, donations and bequests made to the fund and federal grants or distributions made to the fund or to the higher education department for deposit into the fund. All income earned on investment of the fund shall be credited to the fund, and money in the fund shall not revert to any other fund at the end of a fiscal year. The fund shall be administered by the higher education department, and money in the fund is appropriated to the department to carry out the purposes of this section. Disbursements from the fund 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 authorized representative.
B. The higher education new energy development fund shall be used to provide financial incentives to:
(1) four-year public post-secondary educational institutions to develop research programs, courses of instruction and degree programs in the fields of alternative energy and energy efficiency; and
(2) two-year public post-secondary educational institutions to provide alternative energy and energy efficiency programs and courses of instruction for students seeking licensure or certification as electricians, plumbers, mechanics, welders and heating, ventilation and air conditioning personnel or similar professions.
C. The higher education department shall, by rule, establish criteria and procedures for making awards from the fund based on evaluation of competitive proposals submitted by public post-secondary educational institutions. The criteria shall include:
(1) a requirement that the application demonstrate how the award will be used to establish permanent educational programs in the fields of alternative energy and energy efficiency;
(2) a requirement that the application demonstrate how local resources will be utilized, including how the institution will cooperate with local employers with a potential need for interns or graduates;
(3) the commitment of matching money; and
(4) such other evaluation components as the department deems useful.
D. No more than an amount equal to five percent of the total awards made during a fiscal year shall be expended from the fund in that fiscal year for administrative costs, including project management, auditing and other oversight functions.
E. The higher education department shall report annually to the legislature and the governor on the status of the fund and programs supported by the fund.
History:
Laws 2009, ch. 281, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2009, ch. 281, § 2 contained an emergency clause and was approved on April 9, 2009.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-27.10 - Fund created; tribal college dual credit program fund; administration.

A. The "tribal college dual credit program fund" is created in the state treasury. The fund shall be administered by the higher education department. Money in the fund is appropriated to the higher education department to be used only to compensate tribal colleges for the tuition and fees waived to allow high school students to attend classes on the college campus or electronically pursuant to the dual credit program set forth in Section 21-1-1.2 NMSA 1978.
B. The fund shall consist of:
(1) money appropriated by the legislature for the purposes of the tribal college dual credit program fund as it applies to tribal colleges;
(2) grants, gifts, donations and bequests for the dual credit program as it applies to tribal colleges; and
(3) earnings on the money in the fund.
C. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of higher education or the secretary's designee.
D. Unexpended and unencumbered balances in the fund shall revert to the general fund at the end of each fiscal year.
History:
Laws 2012, ch. 44, § 1.
ANNOTATIONS
Effective dates.
— Laws 2012, ch. 44, § 2 made Laws 2012, ch. 44, § 1 effective July 1, 2012.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-27.11 - Centers of excellence.

A. A "center of excellence" is established at the following higher education institutions:
(1) the New Mexico institute of mining and technology to work toward developing and promoting innovation in and expanding cybersecurity industries;
(2) New Mexico state university to work toward developing and promoting innovation in and expanding sustainable agricultural industries;
(3) San Juan college to work toward developing and promoting innovation in and expanding sustainable and renewable energy industries; and
(4) the university of New Mexico health sciences center-affiliated entity, the New Mexico bioscience authority, to continue its work toward developing, promoting innovation in and expanding the bioscience industry in New Mexico.
B. Each center of excellence provided for in Subsection A of this section shall foster excellence in the noted field through:
(1) collaboration among leaders of the state's agencies, higher education institutions, business sector, national laboratories and community organizations;
(2) the development by those leaders of strategies to accomplish that aim; and
(3) the execution of those strategies.
C. Each center of excellence provided for in Subsection A of this section shall:
(1) actively seek, and may accept, public and private funding for its work;
(2) establish short- and long-term goals for job creation, business creation and private equity investment outcomes of its work; and
(3) beginning in 2020, report annually to the higher education department and the legislative finance committee on its goals and achievements.
History:
Laws 2019, ch. 60, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 60, § 2 made Laws 2019, ch. 60, § 1 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-28 - Repealed.

History:
1953 Comp., § 73-29-15.2, enacted by Laws 1977, ch. 246, § 49; 1980, ch. 151, § 44; repealed by Laws 2005, ch. 289, § 30.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 289, § 30 repealed 21-1-28 NMSA 1978, as enacted by Laws 1977, ch. 246, § 49, relating to administrative services of commission on higher education, effective April 7, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-29 - Repealed.

History:
1978 Comp., § 21-1-29, enacted by Laws 1971, ch. 224, § 1; 1990, ch. 77, § 1; 1991, ch. 241, §§ 1, 2; repealed by Laws 2005, ch. 289, § 30.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 289, § 30 repealed 21-1-29 NMSA 1978, as enacted by Laws 1971, ch. 224, § 1, relating to membership of commission on higher education, effective April 7, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-30 - Repealed.

History:
1941 Comp., § 55-2716, enacted by Laws 1951, ch. 190, § 3; 1953 Comp., § 73-29-17; Laws 1977, ch. 365, § 2; 1986, ch. 24, § 6; repealed by Laws 2005, ch. 289, § 30.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 289, § 30 repealed 21-1-30 NMSA 1978, as enacted by Laws 1977, ch. 365, § 2, relating to executive director of commission on higher education, effective April 7, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-31 - Repealed.

History:
1941 Comp., § 55-2717, enacted by Laws 1951, ch. 190, § 4; 1953 Comp., § 73-29-18; Laws 1973, ch. 82, § 1; repealed by Laws 2005, ch. 289, § 3.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 289, § 30 repealed 21-1-31 NMSA 1978, as enacted by Laws 1973, ch. 82, § 1, relating to per diem and mileage allowance for commission members, effective April 7, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-32 - Purpose of act.

It is the purpose of this act [21-1-32, 21-1-33 NMSA 1978] to provide for the compilation and utilization of an accounting, budgeting and reporting manual for institutions of higher learning for the purpose of ensuring full disclosure and consistent reporting of all financial data.
History:
1953 Comp., § 73-29-19, enacted by Laws 1974, ch. 30, § 1.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-33 - System of accounting and reporting; manual.

A. The higher education department, in consultation with the state auditor, shall compile a manual prescribing a uniform classification of accounts and a uniform system for budgeting and reporting that includes the reporting of all funds available. The manual shall apply to all institutions enumerated in Article 12, Section 11 of the constitution of New Mexico and all their branches, except the New Mexico school for the blind and visually impaired and the New Mexico school for the deaf. The manual shall also apply to the two-year public post-secondary educational institutions.
B. The uniform system for budgeting and reporting shall require the submission of at least quarterly financial reports.
C. Following review by the legislative finance committee, the manual shall be reproduced by the department and filed as required by the State Rules Act [Chapter 14, Article 4 NMSA 1978]. Upon the filing, the requirements set forth in the manual shall constitute rules of the department and have the force of law. The department shall review the manual annually. Sections of the manual may be revised or amended from time to time by the department, and revisions or amendments shall become effective upon review by the legislative finance committee and reproduction and filing as provided in this section.
D. All institutions to which this section and Section 21-1-32 NMSA 1978 apply shall comply with all of the requirements in the manual, submit reports to the department as requested and furnish such additional information as the department deems necessary.
History:
1953 Comp., § 73-29-20, enacted by Laws 1974, ch. 30, § 2; 2003, ch. 273, § 21; 2005, ch. 289, § 24.
ANNOTATIONS
The 2005 amendment,
effective April 7, 2005, changed "commission on higher education" to "higher education department" and provided in Subsection A that the manual shall apply to two-year public post-secondary educational institutions.
The 2003 amendment,
effective July 1, 2003, rewrote the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
2 Am. Jur. 2d Administrative Law §§ 92 to 137.
73 C.J.S. Public Administrative Law and Procedure §§ 87 to 102.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-34 - Educational television equipment replacement fund; disbursement.

The "educational television equipment replacement fund" is created. The higher education department shall develop criteria and promulgate rules for the disbursement of money in this fund for the replacement of equipment at educational television stations operated by institutions of higher education. Disbursement shall be made to the institutions by warrant of the department of finance and administration upon vouchers signed by the secretary of higher education. It is the intent of the legislature that in subsequent years a specific line item for educational television replacement shall be included in the appropriations recommended for educational television by the department. The appropriation to the fund in the General Appropriation Act of 1982 shall not revert to the general fund at the end of any fiscal year, and no subsequent appropriation to the fund shall revert unless it contains the sentence "The appropriation to the educational television equipment replacement fund shall revert.".
History:
1953 Comp., § 73-26-36, enacted by Laws 1977, ch. 330, § 1; 1983, ch. 66, § 1; 2005, ch. 289, § 25.
ANNOTATIONS
Compiler's notes.
— The General Appropriation Act of 1982, referred to in the last sentence, is Laws 1982, ch. 4, §§ 1 to 8.
The 2005 amendment,
effective April 7, 2005, changed "board of educational finance" to "higher education department".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
74 Am. Jur. 2d Telecommunications § 192.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-36 - New Mexico cooperative education program; purpose.

The purpose of the New Mexico cooperative education program is to provide an opportunity for students in New Mexico post-secondary educational institutions to combine academic and employment experience by creating and expanding cooperative education programs in New Mexico colleges and universities, thereby enhancing the educational benefits and job training received by students who participate in cooperative education. The program shall encourage cooperative education for students from groups most severely underrepresented in specified fields of study or employment, particularly women and minorities in engineering.
History:
Laws 1988, ch. 117, § 1; 1993, ch. 236, § 1.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, added the second sentence.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-37 - New Mexico cooperative education program created; administration; duties.

There is created the "New Mexico cooperative education program" which shall be administered by the commission on higher education [higher education department]. The New Mexico cooperative education program shall supplement existing cooperative education programs to allow cooperative education to incorporate employment experience in rural areas, small businesses and fields not included in traditional campus-based programs. The commission [department] shall establish procedures to identify employment opportunities for cooperative education throughout New Mexico in private, governmental and nonprofit sectors and shall work with the public post-secondary institutions to encourage involvement of students in the cooperative education program. The commission [department] shall identify those groups of students and fields of study or employment for which the most severe underrepresentation exists and for which cooperative education shall be encouraged. The program shall include:
A. parallel cooperative education, in which students who are enrolled full-time in public post-secondary institutions may be employed a maximum of twenty hours in a career-related work assignment;
B. alternating cooperative education, in which students who are enrolled full-time in public post-secondary institutions may alternate employment in a career-related field with academic study; and
C. summer cooperative education, in which students who are enrolled full-time in public post-secondary institutions may be employed in a career-related work assignment during the summer months.
History:
Laws 1988, ch. 117, § 2; 1993, ch. 236, § 2.
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 1993 amendment,
effective June 18, 1993, added the present fourth sentence.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-39 - Legislative findings.

The legislature finds that the state currently has six universities established by the constitution of New Mexico. The legislature has authorized these institutions to create branches of their institutions in conjunction with local school districts. The legislature also finds that proliferation of post-secondary educational institutions is not in the best interest of the state.
History:
Laws 1997, ch. 167, § 1; 1998, ch. 61, § 1.
ANNOTATIONS
Cross references.
— For provisions relating to the establishment of branch community colleges,
see
21-14-2 NMSA 1978.
The 1998 amendment,
effective March 9, 1998, deleted "prohibition" from the end of the section heading; deleted the designation "A" at the beginning of the first sentence, deleted "four-year" at the beginning of the second sentence and deleted the language beginning "and shall not be funded by the legislature" at the end of that sentence; and deleted Subsection B.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-40 - Prepaid higher education tuition program; feasibility study; guidelines.

A. The commission on higher education [higher education department] shall conduct a thorough study to determine the feasibility of creating a prepaid higher education tuition program, which shall include requirements that:
(1) prepaid tuition contracts, once paid, will cover all tuition and required fees of the institution of higher education;
(2) payments for prepaid tuition contracts may be made either in a lump sum or in installments;
(3) the prepaid tuition contracts shall:
(a) allow purchasers to choose from payment plans that pay the tuition and required fees for either a community college, four-year or in-state, private post-secondary educational institution;
(b) allow for rollover of prepaid higher education tuition benefits from one plan to another, and that provide that benefits may be used at any community college, four-year or in-state, private post-secondary educational institution;
(c) include penalties for termination of the contract or default on any of the contract's terms or conditions; and
(d) include provisions that allow purchasers to change or switch beneficiaries;
(4) beneficiaries meet certain minimum eligibility requirements;
(5) when setting contract prices, the commission [department] consider:
(a) the amount and estimated rate of increase of tuition and fees at institutions of higher education;
(b) expected investment returns;
(c) estimated administrative costs; and
(d) the period between the date the contract is entered into and the date the beneficiary is projected to graduate from high school;
(6) allow for gifts or bequests either on behalf of a beneficiary or to the fund generally;
(7) institutions of higher education are either required to participate or that the commission [department] may specify how and when institutions of higher education become eligible to participate in the program;
(8) benefits under a prepaid tuition contract are excluded from any calculation of a beneficiary's state student-aid eligibility; and
(9) a program established pursuant to the requirements set forth in this section shall not obligate or encumber any money deposited in the state permanent fund, the severance tax bond fund or any money that is a part of a state-funded financial aid program.
B. The commission [department] shall report its findings to the appropriate interim legislative committee no later than October 15, 1997. The report shall include a recommendation from the commission [department] regarding the feasibility of implementing a prepaid higher education tuition program based on the requirements set forth in Subsection A of this section.
History:
Laws 1997, ch. 206, § 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.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-41 - Military access to a post-secondary educational institution.

A public post-secondary educational institution shall provide on a mutually acceptable schedule on-campus recruitment opportunities and facilities to a branch or service of the United States military to the same degree that it provides such opportunities and facilities to members of the public.
History:
Laws 2007, ch. 113, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 113, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 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 21-1-42 - Public post-secondary educational institutions; student identification number.

A. The higher education department shall, in collaboration with public post-secondary educational institutions, use the same student identification number issued to a New Mexico public school student pursuant to Section 22-2C-11 NMSA 1978 for a student enrolled in a public post-secondary educational institution, including an off-campus instructional program or learning center.
B. In collaboration with the public education department, the higher education department shall:
(1) develop a system for assigning a unique student identifier to a student who did not attend a New Mexico public school;
(2) add an additional identifier to the student identification number for those students who enter a teacher preparation program; and
(3) adopt the format to report individual student data into the public education department's student teacher accountability reporting system.
C. The higher education department shall promulgate rules to carry out the provisions of this section.
History:
Laws 2007, ch. 264, § 4.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 264 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.