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 12:00
p.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 5.7.20 NMAC, LEGISLATIVE
LOTTERY SCHOLARSHIP PROGRAM.
Amendments:
5.7.20.2 NMAC, SCOPE
5.7.20.6 NMAC, OBJECTIVE
5.7.20.7 NMAC, definitions
5.7.20.8 NMAC,
STUDENT ELIGIBILITY
5.7.20.9 NMAC,
DURATION OF SCHOLARSHIP
5.7.20.10 NMAC, AMOUNT OF
SCHOLARSHIP
5.7.20.11 NMAC, ADMINISTRATION OF THE LEGISLATIVE LOTTERY SCHOLARSHIP
Purpose:
The
purpose of the proposed rule change is to include tribal colleges as eligible
institutions for the Legislative Lottery Scholarship Program. The proposed rule change also modifies
student eligibility criteria including provisions related to the federal
Individuals with Disabilities Education Act, part-time enrollment, requirements
and funding for students on a probationary status and requirements for students
that have received a high school equivalency credential. Several of the
proposed amendments are based upon changes that were made to the program
through the enactment of S.B. 407, 54th Leg., 1st Sess. (N.M. 2019) and S.B.
179, 54th Leg., 1st Sess. (N.M. 2019).
Pursuant to S.B. 407, tribal colleges (tribally, federally, or
congressionally chartered post-secondary educational institutions with a
physical campus in New Mexico and that are accredited by the Higher Learning
Commission) are now qualifying institutions for the program. Pursuant to S.B. 179, New Mexico residents
that had to leave the state to receive an education pursuant to the federal
Individuals with Disabilities Education Act and otherwise met the program
qualifications shall be eligible for the program.
Summary of proposed changes:
The
amendment to Section 5.7.20.2 NMAC adds tribal colleges to the scope of the
rule pursuant to S.B. 407.
Amendments
to Section 5.7.20.6 NMAC are made to reference tribal colleges. Pursuant to S.B. 179, the amendment also adds
the provision that New Mexico residents that had to leave the state to receive
an education pursuant to the federal Individuals with Disabilities Education
Act and otherwise met the program qualifications shall be eligible for the
program.
The
amendment to Section 5.7.20.7 NMAC adds the defined term “Tribal college” and updates other defined terms to include the
reference to Tribal college. The
subsequent definition “Tuition scholarship” is renumbered to accommodate for
the new definition. The definition of “Probation”
is modified to capture a reference to a Paragraph the Department proposes to
renumber. The definitions of “Program
semesters” and “Qualified student” are modified to accommodate for new proposed
provisions allowing part-time enrollment before the qualifying semester. The definition of “Qualified student” is also
modified to clarify that a student must have received a high school equivalency
credential that is “recognized by the State of New Mexico.”
The
amendment to Section 5.7.20.8 clarifies that a student must have received a
high school equivalency credential that is “recognized by the State of New
Mexico” to be eligible to receive a scholarship. The amendment proposes to move Paragraph 6
and Paragraph 7 of Subsection A into a new Paragraph B. The purpose of the restructuring of the
section is to better distinguish the basic student eligibility requirements and
other provisions which relate to eligibility. The amendment adds new provisions
to allow for part-time enrollment during the 16 months after graduation or
receipt of a high school equivalency credential recognized by the State of New
Mexico.
Former
Subsection B is renumbered to Subsection C and former Subsection C is
renumbered to Section D. The amendment
to Subsection D removes the requirement that a student shall maintain
enrollment and complete the probationary semester at the educational
institution where eligibility was lost.
The amendment to Subsection D provides that a student may receive
scholarship funding while on probationary status. The Paragraphs in Subsection D are renumbered to accommodate for the changes.
Amendments
to 5.7.20.9 NMAC are made to reference tribal
colleges. Clarifying terms are also
added to create consistency throughout the rule.
Amendments
to 5.7.20.10 NMAC are made to reference tribal colleges.
Amendments
to 5.7.20.11 NMAC are made to reference tribal colleges. A reference to a Paragraph in Section 8 of
the rule is updated based on proposed renumbering of Paragraphs in Section 8.
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
12:00 p.m. until 1:00 p.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 Sections
6-24-1 et seq. NMSA 1978 and Sections 21-21N-1 et seq. 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.