reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 2 - APPROVAL OF NEW GRADUATE PROGRAMS › Section 5.5.2.8 - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				graduate degree program established after the effective date of 5.5.2 NMAC, nor
				any student enrolled in that program, shall be eligible for inclusion in any of
				the department's funding recommendations unless the program has been approved
				by the department cabinet secretary and New Mexico state board of
				finance.
B. The department will
				maintain an inventory of graduate degree programs that are offered at each
				institution. The department shall update the degree inventory to include
				changes reported to the department by the institutions.
C. A program, option, concentration or
				specialization that has been prepared to meet a request of a particular
				employer and that will be financially supported by that employer is not subject
				to approval by the department or the New Mexico state board of finance.
				However, such programs are considered restricted and do not receive state
				funding. Students enrolled in such programs are not eligible for any state
				support until the program is approved pursuant to 5.5.2 NMAC and the program
				becomes unrestricted.
D. Any change
				to an existing graduate program's curriculum that is equivalent to more than
				one-third of the program's degree requirements will be considered a new
				graduate program for the purposes of
				5.5.2.9
				NMAC.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 2 - APPROVAL OF NEW GRADUATE PROGRAMS › Section 5.5.2.9 - SUBJECT TO APPROVAL

Current through Register Vol. 35, No. 13, July 16, 2024
The following actions require the approval of the department
				  cabinet secretary and the New Mexico state board of finance:
A. Addition of a new graduate
				program.
B. Addition of a doctoral
				degree in an academic discipline or sub-discipline in which a master's degree
				is already awarded.
C. Addition of
				a master's degree in an academic discipline or sub-discipline in which a
				doctoral degree is already awarded.
D. Addition or deletion of a program option,
				concentration or specialization that will result in a new degree level or
				academic discipline or sub-discipline. For example, the addition of a
				concentration or specialization in British literature to an existing master of
				arts in English would not be subject to 5.5.2 NMAC; however, the addition of an
				option of British literature in an English department that would result in a
				new master of arts in British literature would be subject to 5.5.2
				NMAC.
F. Addition of a
				post-baccalaureate certificate that requires additional funding, faculty or
				facilities.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 2 - APPROVAL OF NEW GRADUATE PROGRAMS › Section 5.5.2.10 - ADVISORY REVIEW COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department shall convene an advisory review committee, chaired by the
				department cabinet secretary or designee, to evaluate applications submitted by
				institutions seeking approval of a new graduate program. The advisory committee
				shall make a recommendation to the department cabinet secretary. The authority
				to determine whether a program is submitted to the New Mexico state board of
				finance rests solely with the department cabinet secretary.
B. The advisory review committee shall be
				convened at the request of the department at least four times per year if there
				are programs to be reviewed.
C. The
				advisory review committee shall consist of:
(1) the cabinet secretary or designee of the
				New Mexico higher education department;
(2) the cabinet secretary or designee of the
				New Mexico department of workforce solutions;
(3) the cabinet secretary or designee of the
				New Mexico department of finance and administration;
(4) the cabinet secretary or designee of the
				New Mexico department of economic development;
(5) the director or designee of the New
				Mexico legislative finance committee;
(6) the chief academic officer from a
				two-year independent community college;
(7) the chief academic officer from a
				two-year branch community college;
(8) the chief academic officer from a
				four-year research university; and
(9) the chief academic officer from a
				four-year comprehensive college or university.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 2 - APPROVAL OF NEW GRADUATE PROGRAMS › Section 5.5.2.12 - APPROVAL BY THE NEW MEXICO STATE BOARD OF FINANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the department cabinet secretary
				determines that the proposed graduate program shall be presented to the New
				Mexico state board of finance, the department shall notify the institution of
				the date when the New Mexico state board of finance has scheduled its
				consideration of the proposal.
B.
				The department will submit a summary of the proposed program along with the
				recommendation of the department cabinet secretary to the New Mexico state
				board of finance by a deadline set by the New Mexico state board of finance. A
				representative of the applicant institution shall be present to answer
				questions, present information or provide justification of the proposal to the
				New Mexico state board of finance.
C. If the New Mexico state board of finance
				denies the request for a new program, the department will not reconsider the
				application. The institution must initiate a new application process addressing
				the concerns of the New Mexico state board of finance.
D. No new graduate program shall be effective
				unless approved by the New Mexico state board of finance.
E. New graduate programs shall not be
				included in institutional catalogs until the institution receives the approval
				of the New Mexico state board of finance.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 2 - APPROVAL OF NEW GRADUATE PROGRAMS › Section 5.5.2.13 - FACTORS CONSIDERED IN APPLICATION REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
The department and advisory committee will consider factors
				  from both an institutional and statewide perspective when reviewing an
				  application for a new graduate degree program. The department and advisory
				  committee reserve the right to consider additional factors and to weigh factors
				  differentially when reaching decisions that best meet the interests of the
				  state of New Mexico. Factors that may be considered include, but are not
				  limited to the following:
A. purpose
				that is consistent with the mission of the proposing institution;
B. curriculum;
C. state and regional needs met by the
				program;
D. duplication of existing
				programs and cooperative arrangements with other institutions;
E. enrollment and credit hour projections for
				the first five years;
F. the extent
				to which the institution is ready to initiate the program, citing the remaining
				needs and recognizing each of those needs in the cost analysis developed
				pursuant to Subsection H of 5.5.2.13 NMAC;
G. assessment for program effectiveness,
				including criteria and timeline; and
H. projected cost of the program and the
				sources of funding that will support it, completed in collaboration with the
				institution's financial office.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 2 - APPROVAL OF NEW GRADUATE PROGRAMS › Section 5.5.2.14 - REQUESTING A CLASSIFICATION INSTRUCTIONAL PROGRAMS CODE

Current through Register Vol. 35, No. 13, July 16, 2024
A. When a new graduate program is approved,
				the institution must submit a classification of instructional programs (CIP)
				code request form, provided by the department, and documentation of approval by
				the New Mexico state board of finance to the planning and research division of
				the department within 30 business days of New Mexico state board of finance
				approval.
B. The planning and
				research division of the department will assign and approve the use of a new
				CIP code.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 2 - APPROVAL OF NEW GRADUATE PROGRAMS › Section 5.5.2.15 - REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Institutions
				shall report to the department within 30 days of implementation:
(1) new graduate programs;
(2) new post-baccalaureate certificate
				programs; and
(3) discontinued
				graduate programs.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 3 - PROGRAMS OF TECHNICAL EXCELLENCE AT TWO-YEAR INSTITUTIONS DESIGNATION OF › Section 5.5.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
State of New Mexico Commission on Higher Education, 1068
				  Cerrillos Road, Santa Fe, New Mexico 87501-4295, (505)
				  827-7383
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 3 - PROGRAMS OF TECHNICAL EXCELLENCE AT TWO-YEAR INSTITUTIONS DESIGNATION OF › Section 5.5.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All public post-secondary educational institutions operating
				  within and receiving financial support from the state of New
				  Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 3 - PROGRAMS OF TECHNICAL EXCELLENCE AT TWO-YEAR INSTITUTIONS DESIGNATION OF › Section 5.5.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for 5 NMAC 5.3 [5.5.3 NMAC] is found in NMSA 1978
				  Sections
				  21-1-26
				  and
				  21-2-5.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 3 - PROGRAMS OF TECHNICAL EXCELLENCE AT TWO-YEAR INSTITUTIONS DESIGNATION OF › Section 5.5.3.6 - OBJECTIVE AND PURPOSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				designation of institutions for specialized technical programs is one way in
				which New Mexico's two-year institutions can function more effectively as a
				system. Such designation can avoid duplication of effort and make technical
				education more available to the citizens of the state. This concept also offers
				the potential for the state to concentrate limited resources on high technology
				programs which have significant potential to impact the economic development of
				the state.
B. Programs designated
				as "programs of technical excellence" may receive supplementary funding on a
				priority basis. Priority will normally be given to existing programs.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 3 - PROGRAMS OF TECHNICAL EXCELLENCE AT TWO-YEAR INSTITUTIONS DESIGNATION OF › Section 5.5.3.9 - SCHEDULE

Current through Register Vol. 35, No. 13, July 16, 2024
Proposals for designation as a program of technical
				  excellence should address the criteria outlined above and should be submitted
				  to the commission on higher education by July 1 annually after the first year.
				  Submissions for the first year should be submitted by September 1,
				  1990.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 4 - EXTENDED LEARNING FUND › Section 5.5.4.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
State of New Mexico Commission on Higher Education, 1068
				  Cerrillos Road, Santa Fe, New Mexico 87501-4295, (505)
				  827-7383
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 4 - EXTENDED LEARNING FUND › Section 5.5.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All public schools and public post-secondary institutions in
				  New Mexico are qualified to request funding through 5 NMAC 5.4 [now 5.5.4
				  NMAC].
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 4 - EXTENDED LEARNING FUND › Section 5.5.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for 5 NMAC 5.4 [now 5.5.4 NMAC] is found in NMSA
				  1978; Sections
				  21-2A-11
				  and
				  21-2A-12.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 4 - EXTENDED LEARNING FUND › Section 5.5.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 30, 1996 [unless a later date is cited at the end
				  of a section].
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 4 - EXTENDED LEARNING FUND › Section 5.5.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The objective of
				5 NMAC 5.4 [now 5.5.4 NMAC] is to encourage and support the development and
				operation of extended learning programs that ensure equitable student access to
				educational opportunities throughout New Mexico.
B. The extended learning fund was created in
				the state treasury for the purpose of making awards to public schools and
				public post-secondary institutions to develop and operate extended learning
				programs throughout the state. Money in this fund is appropriated to the New
				Mexico commission on higher education, which is charged with making awards for
				the purpose of establishing pilot programs that focus on:
(1) the creation and operation of community
				based extended learning centers;
(2) the development of regional resources;
				and
(3) the expanded use of
				technology in instruction.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 4 - EXTENDED LEARNING FUND › Section 5.5.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Commission"
				means the New Mexico commission on higher education.
B. "ELF" means the extended learning
				fund.
C. "Extended learning" means
				the full range of available and developing modes for bringing instruction to
				learners, including live instructor delivery, instructional television,
				computer conferencing, video conferencing, audio conferencing, etc.
D. "RFP" means request for
				proposal.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 4 - EXTENDED LEARNING FUND › Section 5.5.4.8 - ADMINISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The commission
				shall assign a separate fund and organization code for the ELF in an
				interest-bearing account with the New Mexico state treasurer and the New Mexico
				department of finance and administration.
B. At the beginning of each fiscal year, the
				commission shall budget funds available in the ELF for expenditure.
C. Upon receipt of a list of proposals
				approved by the commission for awards, commission staff shall implement the
				appropriate purchase documents and vouchers to distribute awarded funds to the
				appropriate institutions.
D.
				Interest on unexpended and unencumbered balances shall be credited to the ELF,
				and budgeted in the following fiscal year for expenditure.
E. Institutions shall refund to the
				commission any balances remaining in project accounts at the end of the fiscal
				year(s) for which ELF funds were awarded.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 4 - EXTENDED LEARNING FUND › Section 5.5.4.9 - ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
All public state-supported colleges, universities, off-campus
				  instructional centers, area-vocational schools, technical-vocational schools,
				  special schools and public schools in New Mexico are eligible to submit
				  proposals for ELF funding.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 4 - EXTENDED LEARNING FUND › Section 5.5.4.10 - AWARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The selection of
				projects will be based on a competitive process.
B. Priority will be given to proposals from
				educational institutions for collaborative projects designed to increase
				educational services to New Mexico residents through resource sharing efforts.
				It is intended that educational institutions receiving awards shall collaborate
				with other higher education institutions, public schools, school districts,
				state agencies community-based organizations, and/or the private sector in the
				utilization of allocated funds.
C.
				Acceptable proposals include those requesting support for initial pilot
				programs, as well as expansion of existing extended learning efforts. Proposals
				may include requests ranging from support for technical needs (e.g., the
				purchase of technology and equipment) to non-technical support services (e.g.,
				teacher training or academic support).
D. The criteria below will generally be used
				in reviewing and ranking program proposals:
(1) extent to which the proposal addresses
				the objective of the ELF;
(2)
				demonstration of educational need for the proposal;
(3) congruence of the proposal with
				institutional mission(s) and strengths;
(4) evidence in the proposal of collaborative
				planning and support;
(5) capacity
				of the proposal to interconnect existing educational delivery systems and/or
				develop technologically compatible educational delivery systems;
(6) evidence in the proposal of institutional
				commitment and availability of support services;
(7) inclusion in the proposal of a rigorous
				assessment/evaluation component;
(8) cost of the proposal and extent of
				matching funds provided; and
(9)
				staff qualifications.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 4 - EXTENDED LEARNING FUND › Section 5.5.4.11 - DELIVERABLES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Proposals
				receiving funding from the ELF must result in a demonstrable product(s) (such
				as installed equipment, infrastructure connectivity, on-line library databases,
				faculty training programs, course syllabi, planning documents, etc.).
B. Progress reports from ELF-funded projects
				will be required semi-annually to the commission.
C. ELF project leaders may be invited to make
				presentations to the commission or other groups from time to time.
D. Other program products may be determined
				at the time of reaching agreement on the ELF proposal award.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 4 - EXTENDED LEARNING FUND › Section 5.5.4.12 - DURATION OF AWARDS

Current through Register Vol. 35, No. 13, July 16, 2024
Up to three years of funding may be provided on an annual
				  basis, contingent upon funding being provided by the New Mexico legislature and
				  the governor, and the nature of the project being funded.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 4 - EXTENDED LEARNING FUND › Section 5.5.4.13 - PROCESS FOR AWARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The specific
				requirements for submitting proposals, and the time line for awards and
				submission of project reports will be specified annually in a published RFP.
				This RFP will be developed by commission staff in consultation with the
				commission.
B. Proposals must be
				submitted through the chief executive officer of the applicant public school,
				school district or public post-secondary institution. Collaborative proposals
				involving more than one party should include evidence of each party's
				willingness to participate and commitment to share resources. The signature of
				the chief executive officer of each participating party is required on the
				proposal.
C. Proposals will be
				subject to a competitive review process with points assigned to the preceding
				award criteria (see Section 10.4) [now Subsection D of 5.5.4.10
				NMAC].
D. Proposals will be
				evaluated by commission staff and thence by members of the commission. Funding
				recommendations will be based on the relative rankings of the proposals
				determined by the review process. Final awards will be determined by the
				commission in a public meeting.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 4 - EXTENDED LEARNING FUND › Section 5.5.4.14 - EVALUATION AND REPORTING ON EXTENDED LEARNING AND THE EXTENDED LEARNING FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				commission annually will request information about extended learning activities
				from each public post-secondary institution.
B. All recipients of awards from the ELF will
				be required to provide progress and performance reports to the commission on a
				schedule set by the commission.
C.
				The commission will periodically evaluate the statewide extended learning
				initiative, including the performance of the ELF in meeting its stated
				objectives.
D. A report on the
				status of the statewide extended learning initiative and the performance of the
				ELF in meeting its stated objectives will be submitted by the commission to the
				New Mexico legislature and the governor by October 1 of each year.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 5 - CLOSURE AND STUDENT COMPLAINT PROCEDURES FOR PUBLIC INSTITUTIONS › Section 5.5.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions of 5.5.5 NMAC apply to all public higher education
				  institutions operating within and receiving financial support from the state of
				  New Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 5 - CLOSURE AND STUDENT COMPLAINT PROCEDURES FOR PUBLIC INSTITUTIONS › Section 5.5.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  9-25-8
				  NMSA 1978, Section
				  21-1-26
				  NMSA 1978, Section
				  21-2-5 NMSA
				  1978, and Section
				  21-1B-5.1
				  NMSA 1978.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 5 - CLOSURE AND STUDENT COMPLAINT PROCEDURES FOR PUBLIC INSTITUTIONS › Section 5.5.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 11, 2018, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 5 - CLOSURE AND STUDENT COMPLAINT PROCEDURES FOR PUBLIC INSTITUTIONS › Section 5.5.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of
				5.5.5 NMAC is to create a process for administration of student complaint
				resolution for public post-secondary institutions and to establish procedures
				for student program completion and student record maintenance and retention in
				the event an institution closes, ceases program offerings that contain enrolled
				students, or substantially relocates.
B. No public post-secondary institution
				located in New Mexico operating within and receiving financial support from the
				state shall close, cease program offerings that contain enrolled students, or
				substantially relocate without proper notice and complying with the provisions
				set out in 5.5.5 NMAC. A public post-secondary institution that closes shall
				provide for the perpetual care and maintenance of student records and ensure
				students have access to transcripts in perpetuity.
C. Pursuant to Federal regulation Section
				600.9 of 34 C.F.R. (as amended in 2010), for a public post-secondary
				institution (established by name as an educational institution by a state
				through a charter, statute, constitutional provision, or other action) to be
				eligible for state authorization, the institution must be legally authorized by
				a state that has a process to review and appropriately act on complaints
				concerning the institution including enforcing applicable state laws.
D. Institutions concurrently offering
				distance education pursuant to 5.99.1 NMAC as a SARA institution, through
				distance education authorization, or through any other method detailed in
				Section
				5.99.1.10
				NMAC:
(1) shall be subject to complaint
				procedures detailed in 5.99.1 NMAC, as related only to students enrolled
				exclusively as distance education students; and
(2) shall be subject to 5.99.2 NMAC, if the
				institution seeks to close, cease program offerings that contain enrolled
				students, or substantially relocate as defined in 5.99.2 NMAC, as related only
				to students enrolled exclusively as distance education
				students.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 5 - CLOSURE AND STUDENT COMPLAINT PROCEDURES FOR PUBLIC INSTITUTIONS › Section 5.5.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Accrediting body"
means an accreditor or accrediting agency that
				has issued an accreditation status to the institution.
B.
"Custodian of records"
means
				an entity with which the institution has arranged for the perpetual care,
				maintenance and accessibility of all records and transcripts for all students
				receiving credit from the institution during the period of its existence. The
				entity must be in compliance with the Family Educational Rights and Privacy Act
				(FERPA) and be capable of servicing student record requests. Documentation
				evidencing such compliance shall be submitted to the department
C.
"Department"
means the New
				Mexico higher education department.
D.
"Manager"
means the chief
				executive officer, chief operations officer, chief financial officer, senior
				business or finance officer, senior financial aid administrator, and senior or
				chief academic officer of an institution.
E.
"Post-Secondary Institution"
or
"Institution"
means a public post-secondary higher education
				institution operating within and receiving financial support from the state of
				New Mexico.
F.
"Program"
means any certificate or degree program or for purposes
				of closure, a college, school or department within an institution.
G.
"Substantially relocating"
or
"substantially relocates"
or
"substantial relocation"
means a relocation of the institution's physical site that is beyond the
				proximity a student is normally required to travel for educational
				offerings.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 5 - CLOSURE AND STUDENT COMPLAINT PROCEDURES FOR PUBLIC INSTITUTIONS › Section 5.5.5.10 - TEACH-OUT AGREEMENT OR PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				An institution that seeks to close, cease program offerings that contain
				enrolled students, or substantially relocate, shall enter into a teach-out
				agreement with another institution 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.
B. An institution that
				has served notice to close, cease program offerings that contain enrolled
				students, or substantially relocate, shall provide to the department a copy of
				the approved teach-out agreement or plan. If an institution enters into a
				teach-out plan that allows students to complete their program of study at the
				closing institution, the timeframe to complete the plan must be accepted by the
				department.
C. Enrolled students
				impacted by teach-out agreements or plans must be notified of the agreement or
				plan when it is finalized. Teach-out agreements or plans shall be made
				available and arranged at no additional cost to the student beyond that
				originally agreed to by the student.
D. The department may determine that a
				teach-out agreement or plan 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.
E. 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.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 5 - CLOSURE AND STUDENT COMPLAINT PROCEDURES FOR PUBLIC INSTITUTIONS › Section 5.5.5.11 - RECORDS MAINTENANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior
				to closure, an institution must ensure that records are in compliance with the
				functional records retention and disposition schedule in 1.21.2 NMAC, the
				records retention schedule set by the department, regulations of any other
				authorizing agency, or laws, regulations, and rules of any other authorizing
				jurisdiction or territory, whichever is longest in time. If another authorizing
				agency of the institution requires a longer period of retention than that of
				1.21.2 NMAC, the longest retention period shall prevail.
B. If an institution discontinues its
				operation, the manager shall file with the designated custodian of records, the
				original or legible true copies of all educational records required to be
				maintained pursuant to law, the United States department of education, the
				accrediting body of the institution, and at a minimum, the student's enrollment
				agreement, student transcript, record indicating program completion (either
				certificate, diploma, degree, or other like proof of completion) and student
				financial aid records. A written detailed description for how records will be
				maintained following the closure shall be provided to the department in a plan
				for the perpetual care and maintenance of records. The written plan must
				include, but is not limited to the following:
(1) certification that the post-secondary
				institution is in compliance with the functional records retention and
				disposition schedule in 1.21.2 NMAC, the records retention schedule set by the
				department, records retention requirements of any other authorizing agency, or
				laws, regulations, and rules of any other authorizing jurisdiction or territory
				related to records retention, whichever is longest in time;
(2) designation of a custodian of
				records;
(3) physical address of
				hard copy files;
(4) physical
				address of digital files; and
(5)
				process for obtaining transcripts or other records from the custodian of
				record.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 5 - CLOSURE AND STUDENT COMPLAINT PROCEDURES FOR PUBLIC INSTITUTIONS › Section 5.5.5.12 - FINAL EXECUTION REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
Before any post-secondary institution closes it shall submit
				  to the department a summary of all actions taken pursuant to the requirements
				  set forth in all applicable Sections of 5.5.5 NMAC. The institution must also
				  submit certification that it has met all rules of the department pertaining to
				  the termination of operations by institutions.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 5 - CLOSURE AND STUDENT COMPLAINT PROCEDURES FOR PUBLIC INSTITUTIONS › Section 5.5.5.13 - STUDENT COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				institution shall adopt student complaint procedures which allow students to
				seek resolution to complaints or grievances. Institutions shall retain records
				that make available the student complaint received and record of its processing
				the complaint (that comports with the institution's policies and procedures for
				handling grievances or complaints) for a minimum of three years. The
				institution shall have and make available to all students, the adopted
				complaint procedure that describes in detail, how students may register a
				complaint or grievance, how the institution will investigate the complaint, and
				how the institution will attempt to resolve the complaint. Such policies shall
				at a minimum include the following components:
(1) requirement that students with complaints
				or grievances against an institution first seek to resolve their complaint or
				grievance directly with the institution;
(2) a timeframe within which the institution
				will investigate and respond to the complainant;
(3) assurance that the representative of the
				institution investigating or addressing the complaint will serve as an
				impartial representative and is not directly involved in the subject matter to
				which the complaint is related;
(4)
				assurance that no adverse action will be taken against the complainant for
				registering the complaint; and
(5)
				identification of the department as the agency to be contacted in cases where a
				complaint cannot be resolved and include the mailing address, website, and
				phone number for the department.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 5 - CLOSURE AND STUDENT COMPLAINT PROCEDURES FOR PUBLIC INSTITUTIONS › Section 5.5.5.8 - NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An institution
				shall provide formal written notice of closure to the department, enrolled
				students, and the legislature immediately upon gaining actual knowledge of the
				institution's intent to close, but no less than 90 days prior to
				closure.
B. An institution shall
				provide formal written notice of intent to substantially relocate to the
				department, enrolled students, and the legislature immediately upon gaining
				actual knowledge of the institution's intent to substantially relocate, but no
				less than 90 days prior to moving operations.
C. An institution that seeks to close any
				other campuses (branch, satellite, or main) associated with the institution's
				accreditation shall provide formal written notice to the department, enrolled
				students and the legislature immediately upon gaining actual knowledge of the
				institution's intent to close, but no less than 90 days prior to
				closure.
D. An institution shall
				provide formal written notice of intent to cease program offerings that contain
				enrolled students, to the enrolled students and the department immediately upon
				gaining actual knowledge of the institution's intent to cease the program
				offerings, but no less than 90 days prior to ceasing offerings. If an
				institution is unable to comply with the 90 day notice period to cease program
				offerings that contain enrolled students, the institution must notify the
				department. The department may grant approval for a deviation from the required
				90 day notice period if the institution presents evidence and articulable facts
				and circumstances that demonstrate the institution's inability to comply with
				the 90 day notice period.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 5 - CLOSURE AND STUDENT COMPLAINT PROCEDURES FOR PUBLIC INSTITUTIONS › Section 5.5.5.9 - PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. An institution
				that intends to close, cease program offerings that contain enrolled students,
				or substantially relocate shall present a plan to the department.
B. An institution that is required to seek
				approval from an accrediting body of a plan to close, cease program offerings
				that contain enrolled students, or substantially relocate, must submit a copy
				of the approved plan to the department within seven days of receiving approval
				by the accrediting body.
C. An
				institution that is not required to seek approval of a plan by an accrediting
				body must submit a plan to the department as soon as practical, but no less
				than 90 days prior to closure, ceasing a program offering that contains
				enrolled students, or making substantial change to location.
D. The plan must include provisions for
				teach-out agreements, completion of programs by enrolled students, perpetual
				care and maintenance of student records, and identification and location of a
				responsible agent for the institution for a period of at least one year
				following closure.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 6 - APPROVAL OF NEW UNDER GRADUATE PROGRAMS › Section 5.5.6.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Higher Education Department, 2044 Galisteo Street,
				  Suite 4, Santa Fe, New Mexico 87505, (505) 476-8400.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 6 - APPROVAL OF NEW UNDER GRADUATE PROGRAMS › Section 5.5.6.2 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  9-25-8
				  NMSA 1978, Section
				  21-2-5 NMSA
				  1978, Section
				  21-13-12
				  NMSA 1978, and Section
				  21-1-26
				  NMSA 1978.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 6 - APPROVAL OF NEW UNDER GRADUATE PROGRAMS › Section 5.5.6.3 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All undergraduate programs offered by any public higher
				  education institution operating within and receiving financial support from the
				  state of New Mexico.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 6 - APPROVAL OF NEW UNDER GRADUATE PROGRAMS › Section 5.5.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 12, 2018, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 6 - APPROVAL OF NEW UNDER GRADUATE PROGRAMS › Section 5.5.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide a process for objective review of proposed
				  undergraduate programs. Any public higher education institution operating
				  within and receiving financial support from the state of New Mexico shall
				  follow the procedures set out by the department before creating a new
				  undergraduate program.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 6 - APPROVAL OF NEW UNDER GRADUATE PROGRAMS › Section 5.5.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Certificate"
means a program of study that is designed to develop
				or enhance a focused area of expertise, provide specific skill training and to
				enhance employability.
B.
"Department"
means the New Mexico higher education
				department.
C.
"Dormant
				programs"
means programs that have not admitted new students for a
				period of three consecutive years
D.
"Institution"
means a public
				higher education institution operating within and receiving financial support
				from the state of New Mexico.
E.
"Institutional review"
means the process by which an institution
				conducts internal evaluation and approval of new courses, programs or any other
				matter related to curriculum. The required review process may differ between
				institutions and is set by each individual institution.
F.
"New undergraduate program"
means a sequence of courses, activities or experiences which leads to the award
				of an associate's or bachelor's degree in a new academic discipline or
				sub-discipline or creates a new level of degree in a previously created
				academic discipline or sub-discipline that differs from currently approved
				programs at the proposing institution.
G.
"Undergraduate program"
or
"program"
means any sequence of courses, activities or experiences
				which leads to the award of an associate's or bachelor's degree.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 6 - APPROVAL OF NEW UNDER GRADUATE PROGRAMS › Section 5.5.6.8 - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No new
				undergraduate program that initiates institutional review after August 1, 2018,
				nor any student enrolled in that program, shall be eligible for inclusion in
				any of the department's funding recommendations unless the program has been
				approved by the department cabinet secretary.
B. The department will maintain an inventory
				of undergraduate programs that are offered at each institution. The
				department's staff shall update the degree inventory and list of degree
				requirements to include changes reported to the department by the
				institutions.
C. A program, option,
				concentration or specialization that has been prepared to meet a request of a
				particular employer and that will be financially supported by that employer is
				not subject to approval by the department. However, such programs are
				considered restricted and do not receive state funding. Students enrolled in
				such programs are not eligible for any state support until the program is
				approved pursuant to 5.5.6 NMAC and the program becomes unrestricted.
D. Proposed new undergraduate programs that
				initiate institutional review after August 1, 2018 are subject to 5.5.6 NMAC.
				Proposed new undergraduate programs that initiatied institutional review prior
				to August 1, 2018 are not subject to 5.5.6 NMAC.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 6 - APPROVAL OF NEW UNDER GRADUATE PROGRAMS › Section 5.5.6.9 - SUBJECT TO APPROVAL

Current through Register Vol. 35, No. 13, July 16, 2024
The following actions require the approval of the department
				  cabinet secretary.
A. Addition of a
				new undergraduate program.
B.
				Addition of a bachelor's degree in an academic discipline or sub-discipline in
				which an associate's degree is already awarded.
C. Addition of an associate's degree in an
				academic discipline or sub-discipline in which a bachelor's degree is already
				awarded.
D. Addition or deletion of
				a program option, concentration or specialization that will result in a new
				degree level or academic discipline or sub-discipline. For example, the
				addition of a concentration or specialization in British literature to an
				existing bachelor of arts in English would not be subject to 5.5.6 NMAC;
				however, the addition of an option of British literature in an English
				department that would result in a new bachelor of arts in British literature
				would be subject to 5.5.6 NMAC.
E.
				Addition of an undergraduate program acquired from another
				institution.
F. Addition of a
				hybrid undergraduate program where two or more previously approved programs are
				combined to create a new degree level or academic discipline or
				sub-discipline.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 6 - APPROVAL OF NEW UNDER GRADUATE PROGRAMS › Section 5.5.6.10 - ADVISORY REVIEW COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department shall convene an advisory review committee, chaired by the
				department cabinet secretary or designee, to evaluate applications submitted by
				institutions seeking approval of a new undergraduate program. The advisory
				committee shall make a recommendation to the department cabinet secretary. The
				authority to determine whether a program is approved rests solely with the
				department cabinet secretary.
B.
				The advisory review committee shall be convened at the request of the
				department at least four times per year if there are programs to be
				reviewed.
C. The advisory review
				committee shall consist of:
(1) the cabinet
				secretary or designee of the New Mexico higher education department;
(2) the cabinet secretary or designee of the
				New Mexico department of workforce solutions;
(3) the cabinet secretary or designee of the
				New Mexico department of finance and administration;
(4) the cabinet secretary or designee of the
				New Mexico department of economic development;
(5) the director or designee of the New
				Mexico legislative finance committee;
(6) a chief academic officer from a two-year
				independent community college;
(7)
				a chief academic officer from a two-year branch community college;
(8) a chief academic officer from a four-year
				research university; and
(9) a
				chief academic officer from a four-year comprehensive college or
				university.
New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 5 - POST-SECONDARY EDUCATIONAL PROGRAMS › Part 6 - APPROVAL OF NEW UNDER GRADUATE PROGRAMS › Section 5.5.6.12 - FACTORS CONSIDERED IN APPLICATION REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
The department and advisory committee will consider factors
				  from both an institutional and statewide perspective when reviewing an
				  application for a new undergraduate program. The department and advisory
				  committee reserve the right to consider additional factors and to weigh factors
				  differentially when reaching decisions that best meet the interests of the
				  state of New Mexico. Factors that may be considered include, but are not
				  limited to the following:
A. purpose
				that is consistent with the mission of the proposing institution;
B. curriculum;
C. state and regional needs met by the
				program;
D. duplication of existing
				programs and cooperative arrangements with other institutions;
E. enrollment and credit hour projections for
				the first five years;
F. the extent
				to which the institution is ready to initiate the program, citing the remaining
				needs and recognizing each of those needs in the cost analysis developed
				pursuant to Subsection H of 5.5.6.12 NMAC;
G. assessment for program effectiveness,
				including criteria and timeline; and
H. projected cost of the program and the
				sources of funding that will support it, completed in collaboration with the
				institution's financial office.