New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 100 - PRIVATE INSTITUTIONS OF HIGHER LEARNING › Part 8 - CLOSURE OR SUBSTANTIAL CHANGE TO LOCATION UNDER THE POST- SECONDARY EDUCATIONAL INSTITUTION ACT › Section 5.100.8.10 - TEACH-OUT AGREEMENT OR PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A post-secondary institution operating with a physical presence in the state of
				New Mexico that has served notice of closure, intent to cease program offerings
				that contain enrolled students or intent to make a substantial change to
				location shall provide to the department a teach-out plan or
				agreement.
B. A post-secondary
				institution that is closing, ceasing a program offering that contains enrolled
				students, or has a substantial change to location shall enter into a teach-out
				agreement with at least one other provider of post-secondary education offering
				similar programs, for provision of the remaining program requirements of
				enrolled students, or provide a teach-out plan that allows students to complete
				their program of study at the closing institution within a timeframe accepted
				by the department.
C. A
				post-secondary institution that has a substantial change to location may be
				required to present evidence that the institution has made efforts to enter
				into a teach-out agreement with an institution within a reasonable
				proximity.
D. Enrolled students
				impacted by teach-out agreements or plans must be notified of the agreement or
				plan when it is finalized. Teach-out plans or agreements shall be arranged at
				no additional cost to the students beyond that originally agreed to by the
				student.
E. Licensed post-secondary
				institution operating under 5.100.7 NMAC must comply with the teach-out plan or
				agreement provided to the department in its application for licensure unless a
				change in the teach-out plan or agreement has occurred. If the teach-out
				agreement submitted to the department in the licensure application has changed,
				the institution shall seek additional teach-out agreements with at least one
				institution operating in the state of New Mexico or provide a teach-out plan
				that allows students to complete their program of study at the institution
				within a timeframe accepted by the department.
F. The department may determine that a
				teach-out plan or agreement is not feasible after consideration of evidence
				submitted to the department. The department may find that teach-out
				arrangements are not feasible for students in one or more programs offered by
				the institution, in which case the institution shall refund all tuition and
				fees paid by the students in question for the current period of enrollment and
				shall provide appropriate transcripts and evaluations to assist students in
				transferring their work to another institution.
G. An institution that seeks to relocate may
				be exempt from entering into a teach-out agreement or plan if the institution
				can demonstrate to the department that students will not be substantially
				burdened by the change in location. The institution will be required to
				complete a form published by the department demonstrating possible impact to
				students.