New Mexico Register / Volume XXX, Issue 10 / May 28, 2019
Notice of proposed rulemaking
NOTICE IS HEREBY GIVEN that the New Mexico Higher Education Department
(NMHED or Department) will hold a public rulemaking hearing on July 8,
2019. The hearing will begin at 9:00
a.m. and will be held at NMHED located at 2044 Galisteo
Street, Suite 4, Santa Fe, NM
87505. The purpose of the
rulemaking hearing is to take public comment regarding
proposed amendments to 5.7.5 NMAC, TEACHER LOAN REPAYMENT PROGRAM.
Amendments:
5.7.5.2 NMAC, SCOPE
5.7.5.6 NMAC, OBJECTIVE
5.7.5.7 NMAC, definitions
5.7.5.9 NMAC,
TEACHER ELIGIBILITY
5.7.5.10 NMAC,
LOAN REPAYMENT AWARD CRITERIA; CONTRACT TERMS; PAYMENT
5.7.5.11 NMAC, CONTRACTS
AND ENFORCEMENT
5.7.5.12 NMAC, TEACHER LOAN
REPAYMENT FUND CREATED AND METHOD OF PAYMENT
5.7.5.14
NMAC, REPORTS
Purpose:
The
purpose of the proposed rule change is to define high need teacher positions
for the Teacher Loan Repayment Program.
The proposed rule change also modifies applicant eligibility criteria
and contract provisions for approved participants. The proposed amendments are based upon
changes that were made to the program through the enactment of H.B.275, 54th
Leg., 1st Sess. (N.M. 2019). Based on H.B. 275, teachers are now required to
have taught three years in New Mexico to be considered for funding. In
addition, the maximum amount for the loan repayment awards and the maximum
number of contracts allowable per participant have been set in Statute, award
priorities have been revised and repayment provisions in the event a program
participant does not complete a contract have been removed. References to “high-risk teaching positions”
are changed throughout the rule to “high-need teaching position”.
Summary of proposed changes:
The
amendment to Section 5.7.5.2 NMAC is a non-substantive change to create
consistency in language throughout the rule.
The
amendment to Section 5.7.5.6 NMAC updates the term “high-risk” teaching positions
to “high-need” teaching positions.
The
amendment to Section 5.7.5.7 NMAC changes the defined term “high-risk teacher
need teacher positions” to “high-need teacher position” and updates the
definition to include the new criteria for a high-need teacher position
established by H.B. 275.
The
amendment to Section 5.7.5.9 NMAC updates the term “high-risk” teaching
positions to “high-need” teaching positions.
The amendment also adds the provision that an applicant have taught for
three years to be considered for the program pursuant to H.B. 275.
Non-substantive grammatical changes are made.
Amendments
to 5.7.5.10 NMAC clarify the award process to establish
award preference to high-priority applicants. In addition, the amendment
establishes preference in awards shall also be made to minorities pursuant to
new criteria in H.B. 275. The amendment
adds language defining how award amounts are to be determined and sets the
maximum number of allowable contracts per participant. The maximum award amount per year is defined
in rule and language is added to clarify that awards are to be made annually
upon certification the teacher has completed a full year of teaching. Additional contract provision
are included based on conditions established by H.B. 275 including
payments being made following a full year of satisfactory teaching. All provisions regarding repayment in the
event a program participant does not complete a contract are removed.
The
amendment to 5.7.5.11 NMAC removes language which described penalties for
default on a program contract. The
section is retitled for clarity.
Amendment
to 5.7.5.12 removes language which referred to repayment of awards and interest
as a result of a participant’s defaulted contract being credited to the Teacher
Loan Repayment Program fund. Additional
language is included to clarify that money in the fund is subject to
appropriation by the Legislature.
Amendments
to 5.7.5.14 update the criteria to be reported by the Department pursuant to
changes included in H.B. 275.
Details for Obtaining a Copy, Public
Hearing and Comments: The proposed rule is available at NMHED
located at 2044 Galisteo Street, Suite 4, Santa Fe,
NM 87505-2100. The proposed rule is also posted on the NMHED
website and may be accessed at http://www.hed.state.nm.us/ under the “Events”
section. To request that a copy of the
proposed rule be sent to you by mail or e-mail, please contact HigherEd.Info@state.nm.us
or (505)476-8411.
A public hearing will be held from
9:00 a.m. until 10:00 a.m. at NMHED on July 8,
2019. Any person who is or may be
affected by this proposed rule may appear and testify. Interested
persons may submit written comments to NMHED at 2044 Galisteo
Street, Suite 4, Santa Fe, NM 87505 or
HigherEd.Info@state.nm.us.
Written comments must be received no later
than 4:00 p.m. on June 28, 2019. Please note that any written comments
received will become part of the rulemaking record, be posted to the New Mexico
Sunshine Portal, and be accessible to the public. If submitting written comments by email, please indicate in the subject line the number and
section of each rule(s) for which you are providing comments. Oral comments will also be accepted at the rule hearing, subject
to time limitations.
Legal
authority for this rulemaking can be found in Section 9-25-8 NMSA 1978, Section 21-1-26
NMSA 1978, and Section 21-22H-1 through 21-22H-9 NMSA 1978.
Any person with a
disability who is in need of a reader, amplifier, qualified sign language
interpreter, or auxiliary aid or service to attend or participate in the
hearing should contact (505)
476-8411 or email HigherEd.Info@state.nm.us ten (10) business days prior to the hearing.