SENATE BILL 387

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Sue Wilson Beffort

 

 

 

 

 

AN ACT

RELATING TO LOTTERY TUITION SCHOLARSHIPS; REQUIRING PERSONS WHO GRADUATE FROM HIGH SCHOOL OR RECEIVE A GENERAL EDUCATIONAL DEVELOPMENT CERTIFICATE WHILE INCARCERATED IN A CHILDREN, YOUTH AND FAMILIES DEPARTMENT FACILITY TO HAVE A CLEAN CRIMINAL RECORD FOR ONE YEAR BETWEEN INCARCERATION AND COLLEGE ATTENDANCE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 21-1-4.3 NMSA 1978 (being Laws 1996, Chapter 71, Section 3, as amended) is amended to read:

     "21-1-4.3. TUITION SCHOLARSHIPS AUTHORIZED--CERTAIN EDUCATIONAL INSTITUTIONS.--

          A. To the extent that funds are made available by the legislature from the lottery tuition fund, the boards of regents of New Mexico state university, New Mexico institute of mining and technology, eastern New Mexico university, western New Mexico university, the university of New Mexico, New Mexico highlands university and northern New Mexico state school shall award tuition scholarships for qualified resident students attending their respective institutions and branches of those institutions.

          B. Except as authorized in [Subsection] Subsections C through E of this section, the tuition scholarships authorized in this section shall apply only to full-time resident students who, immediately upon completion of a high school curriculum at a public or accredited private New Mexico high school or upon receiving a graduate equivalent diploma, are accepted for entrance to and attend one of the state educational institutions set forth in this section or one of the branches of those institutions. Each tuition scholarship shall be awarded for up to four consecutive years beginning the second semester of the recipient's first year of enrollment, provided that the recipient has maintained residency in New Mexico and maintained a grade point average of 2.5 or higher on a 4.0 scale during [his] the first semester of full-time enrollment.

          C. The tuition scholarships authorized in this section shall also apply to full-time resident students who, immediately upon completion of a high school curriculum at a public or accredited private New Mexico high school or upon receiving a graduate equivalent diploma, attend a two-year public post-secondary educational institution in New Mexico and who, upon the completion of that curriculum or at the end of two years, whichever is sooner, transfer to one of the post-secondary state educational institutions set forth in this section. Those students shall be eligible for a tuition scholarship for two consecutive years, provided that those students maintain residency in New Mexico, maintain a grade point average of 2.5 or higher on a 4.0 scale and attend the institution full time during the regular academic year.

          D. The tuition scholarships authorized in this section shall also apply to full-time resident students who:

                (1) within one hundred twenty days of completion of a high school curriculum at a public or accredited private New Mexico high school, or of receiving a graduate equivalent diploma, begin service in the United States armed forces; and

                (2) within one hundred twenty days of completion of honorable service or medical discharge from the service are accepted for entrance to and attend one of the state educational institutions set forth in this section.

          E. The tuition scholarships authorized in this section shall be available to full-time resident students who were youthful offenders or serious youthful offenders when they graduated from high schools operated by or under the direction of the children, youth and families department or received general educational development certificates while incarcerated in a facility operated by or under the direction of that department only after the students have demonstrated that they have been rehabilitated by not being convicted of criminal acts for the twelve-month period between the end of incarceration and enrollment in the educational institutions named in Subsection A of this section.

          [E.] F. The [commission on] higher education department shall prepare guidelines setting forth explicit student continuing eligibility criteria and guidelines for administration of the tuition scholarship program. Guidelines shall be distributed to the board of regents of each institution to enable a uniform availability of the resident student tuition scholarships."

     Section 2. Section 21-13-10 NMSA 1978 (being Laws 1963, Chapter 17, Section 9, as amended) is amended to read:

     "21-13-10. BOARD DUTIES.--

          A. It is the duty of the community college board to determine financial and educational policies of the community college. The community college board shall provide for the management of the community college and execution of these policies by selecting a competent president for the community college, and, upon the president's recommendation, the board shall employ other administrative personnel, instructional staff or other personnel as may be needed for the operation, maintenance and administration of the community college.

          B. The community college board shall have the power to fix tuition and fee rates for resident and nonresident students of the community college district, to accept gifts, to accept federal aid, to purchase, hold, sell and rent property and equipment and to promote the general welfare of the institution for the best interest of educational service to the people of the community college district.

          C. To the extent that funds are made available by the legislature from the lottery tuition fund, the community college board shall award tuition scholarships for qualified resident students attending their respective institutions.

          D. Except as provided in Subsection E of this section, the tuition scholarships authorized in this section shall apply only to full-time resident students who, immediately upon completion of a high school curriculum at a public or accredited private New Mexico high school or upon receiving a graduate equivalent diploma, are accepted for entrance to and attend a community college. Each tuition scholarship shall be awarded for up to two consecutive years beginning the second semester of the recipient's first year of enrollment, provided that the recipient has maintained residency in New Mexico and maintained a grade point average of 2.5 or higher on a 4.0 scale during [his] the first semester of full-time enrollment.

          E. The tuition scholarships authorized in this section shall be available to full-time resident students who were youthful offenders or serious youthful offenders when they graduated from high schools operated by or under the direction of the children, youth and families department or received general educational development certificates in a facility operated by or under the direction of that department only after the students have demonstrated that they have been rehabilitated by not being convicted of criminal acts for the twelve-month period between the end of incarceration and enrollment in a community college.

          [E.] F. The [commission on] higher education department shall prepare guidelines setting forth explicit student continuing eligibility criteria and guidelines for administration of the tuition scholarship program. Guidelines shall be distributed to community college boards to enable a uniform availability of the resident student tuition scholarships."

     Section 3. Section 21-16-10.1 NMSA 1978 (being Laws 1996, Chapter 71, Section 6, as amended) is amended to read:

     "21-16-10.1. TUITION SCHOLARSHIPS AUTHORIZED.--

          A. To the extent that funds are made available by the legislature from the lottery tuition fund, the board of a technical and vocational institute shall award tuition scholarships for qualified resident students attending a technical and vocational institute.

          B. Except as provided in Subsection C of this section, the tuition scholarships authorized in this section shall apply only to full-time resident students who, immediately upon completion of a high school curriculum at a public or accredited private New Mexico high school or upon receiving a graduate equivalent diploma, are accepted for entrance to and attend a technical and vocational institute. Each tuition scholarship shall be awarded for up to two consecutive years beginning the second semester of the recipient's first year of enrollment, provided that the recipient has maintained residency in New Mexico and maintained a grade point average of 2.5 or higher on a 4.0 scale during [his] the first semester of full-time enrollment with renewal of an additional two years upon transfer.

          C. The tuition scholarships authorized in this section shall be available to full-time resident students who were youthful offenders or serious youthful offenders when they graduated from high schools operated by or under the direction of the children, youth and families department or received general educational development certificates while incarcerated in a facility operated by or under the direction of that department only after the students have demonstrated that they have been rehabilitated by not being convicted of criminal acts for the twelve-month period between the end of incarceration and enrollment in a technical and vocational institute.

          [C.] D. The [commission on] higher education department shall prepare guidelines setting forth explicit student continuing eligibility criteria and guidelines for administration of the tuition scholarship program. Guidelines shall be distributed to the boards of technical and vocational institutes to enable a uniform availability of the resident student tuition scholarships."

     Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2006.

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