This is
an amendment to 5.7.20 NMAC, Sections 2, 6, 7, 8, 9, 10 and 11 effective
7/30/2019.
5.7.20.2 SCOPE: Provisions of 5.7.20 NMAC apply to all state
public post-secondary institutions and tribal colleges in the state of
New Mexico.
[5.7.20.2 NMAC - Rp, 5.7.20.2 NMAC, 08/15/2014;
A, 7/30/2019]
5.7.20.6 OBJECTIVE:
A. The
objective of 5.7.20 NMAC is to provide a level of financial support to qualified
New Mexico students who are enrolled full-time at an eligible New Mexico public
[college or university] post-secondary educational institution or
tribal college. This level of
financial support is intended to help defray the cost of tuition at the public post-secondary
educational institution or tribal college where the student is enrolled.
B. A
further purpose of 5.7.20 NMAC is to encourage New Mexico high school students
who pursue a post-secondary education in New Mexico to complete a first
four-year degree within a maximum of eight semesters or two-year degree within
a maximum of four semesters (the number of semesters is so determined as the
initial award is not made until the second semester of college enrollment).
C. As
it applies to students with disabilities who may require special
accommodations, the department, in consultation with the student and the office
at the public post-secondary educational institution that serves students with
disabilities, shall review both the definition of “full-time” and the maximum
number of consecutive semesters of eligibility and adjust either or both as
deemed reasonable and appropriate, based on the student's disability needs. In no case shall “full-time” mean fewer than
six credit hours per program semester and in no case shall eligibility extend
beyond 14 consecutive program semesters at a four-year institution and seven
consecutive program semesters at a two-year institution. If a New Mexico resident had to leave the
state to receive an education pursuant to the federal Individuals with
Disabilities Education Act the student shall be eligible for the scholarship if
they graduated from an accredited high school in another state and otherwise
met the qualifications for a tuition scholarship pursuant to the definition of
a qualified student in Subsection N of 5.7.20.7 NMAC.
[5.7.20.6 NMAC - Rp, 5.7.20.6 NMAC,
08/15/2014; A/E, 8/15/2014; A, 11/15/2016; A, 7/30/2019]
5.7.20.7 DEFINITIONS:
A. “Academic year” means any consecutive
period of two semesters (or three semesters for accelerated programs), three
quarters or other comparable units commencing with the fall term each year.
B. “Accelerated program” means one in
which a summer semester is a program requirement and not a student choice; a
cohort that requires sequence of courses taken in summer semester.
C. “Community college” means a branch
community college of a four-year state educational institution, a two-year
state educational institution or a community college or technical and
vocational institute established pursuant to Chapter 21, Article 13 or 16 NMSA
1978, respectively.
D. “Comprehensive institution” means
eastern New Mexico university, New Mexico Highlands university, northern New
Mexico college or western New Mexico university.
E. “Consortium” means a written agreement
between a home institution and one or more host institutions for consideration
of combined enrollment for eligibility:
(1) home
institution is the institution where the student is enrolled in a degree or
certificate seeking program and is receiving lottery scholarship funds;
(2) host
institution is the secondary institution where the student is taking part of
their program requirements.
F. “Department” means the New Mexico
higher education department (NMHED).
G. “Full-time” means 15 or more credit
hours completed each program semester of the regular academic year at a
research institution [or], comprehensive institution or tribal
college; or 12 or more credit hours completed for each program semester at
community colleges; or through a consortium agreement between the home and host
institutions. For students enrolled
through a consortium agreement the minimum credit hour eligibility requirement
shall be based on the student’s home institution. Qualified students in their graduating
semester are only required to take the number of credit hours required to
graduate.
H. “GPA” means grade point average.
I. “Legislative lottery scholarship” means
a scholarship awarded from proceeds of the New Mexico lottery tuition fund, to
defray all or part of the cost of tuition.
J. “Non-enrollment” means a student is not
enrolled in a public post-secondary educational institution.
K. “Probation” means a period of time that
a student fails to meet continuing eligibility for exceptional mitigating
circumstances as determined by the lead financial aid officer at the
institution; as described in Subsection [C] D of 5.7.20.8 NMAC.
L. “Program semesters” means those
semesters for which a qualified student may receive a tuition scholarship and
excludes the first semester of full-time attendance at a public
post-secondary educational institution or tribal college.
M. “Public post-secondary educational institution” means [a research or comprehensive institution, as
defined in Article XII, Section 11 of the New Mexico constitution, and branch
community colleges or community college or technical and vocational institute
as defined by Section 21-13, 14 and 16 NMSA 1978] a four-year state
educational institution or a community college.
N. “Qualified student” means a full-time student who completed high school at a
public or accredited private New Mexico high school, graduated from a public or
accredited private New Mexico high school or who received a high school
equivalency credential recognized by the State of New Mexico while maintaining
residency in New Mexico and who either:
(1) within
16 months of graduation or receipt of a high school equivalency credential
recognized by the State of New Mexico, was accepted for entrance to and
subsequently enrolled full-time at a public post-secondary educational
institution or tribal college without having previously enrolled at a
non-qualifying post-secondary institution; or
(2) within
four months of graduation or receipt of a high school equivalency credential
recognized by the State of New Mexico, began service in the United States armed
forces and within 16 months of completion of honorable service or medical
discharge from the service, subsequently enrolled full-time at a public
post-secondary educational institution or tribal college without having
previously enrolled at a non-qualifying post-secondary institution; and
(3) successfully
completed the qualifying semester at a public post-secondary educational
institution or tribal college with a grade point average of 2.5 or higher on a
4.0 scale during the first semester of full time enrollment.
[N]O. “Research institution” means New Mexico
institute of mining and technology, New Mexico state university and the
university of New Mexico.
[O. “Qualified student” means a
full-time student who completed high school at a public or accredited private
New Mexico high school, graduated from a public or accredited private New
Mexico high school or who received a high school equivalency credential while
maintaining residency in New Mexico and who either:
(1) within
16 months of graduation or receipt of a high school equivalency credential, was
accepted for entrance to and attended a public post-secondary educational
institution without having previously enrolled at a non-qualifying
postsecondary institution; or
(2) within
four months of graduation or receipt of a high school equivalency credential,
began service in the United States armed forces and within 16 months of
completion of honorable service or medical discharge from the service, attended
a public post-secondary educational institution without having previously
enrolled at a non-qualifying postsecondary institution; and
(3) successfully
completed the first semester at a public post-secondary educational institution
with a grade point average of 2.5 or higher on a 4.0 scale during the first
semester of full time enrollment.]
P. “State
educational institution” means
an institution of higher education enumerated in Article 12, Section 11 of the
Constitution of New Mexico.
[P]Q. “Summer semester” means a semester
equal to fall and spring semester in duration and intensity that is required as
part of an accelerated program.
R. “Tribal college” means a tribally,
federally or congressionally chartered post-secondary educational institution with
a physical campus in New Mexico that is accredited by the higher learning
commission.
[Q] S. “Tuition scholarship” means the
scholarship that provides tuition assistance per semester for qualified
students.
[5.7.20.7 NMAC - Rp, 5.7.20.7 NMAC,
08/15/2014; A/E, 8/15/2014; A, 11/15/2016; A, 10/31/2017; A, 7/24/2018; A, 7/30/2019]
5.7.20.8 STUDENT ELIGIBILITY:
A. A
scholarship may be awarded to a student in their second semester who has met
first semester eligibility requirements as follows:
(1) has
established and maintained New Mexico residency as defined in 5.7.18.9 NMAC or
is eligible for a nondiscrimination waiver as defined in Subsection K of
5.7.18.10 NMAC. All residency
requirements must be met upon completion of high school, graduation, or receipt
of a high school equivalency credential recognized by the State of New
Mexico;
(2) has
been determined to be a qualified student pursuant to Subsection [O] N
of 5.7.20.7 NMAC;
(3) has
met the requirements in Subsection G of 5.7.20.7 NMAC;
(4) has
met requirements in Paragraphs (1) through (3) of Subsection A of 5.7.20.8 NMAC
or students with exceptional mitigating circumstances as determined by the
institution’s lead financial aid officer; students who are incapable of meeting
the requirements specified in Paragraphs (1) through (3) of Subsection A of
5.7.20.8 NMAC due to a documented exceptional mitigating circumstance do not
forfeit eligibility for the legislative lottery scholarship; however, the
following requirements shall apply:
(a) the
student shall provide documents certifying the nature of the students
exceptional mitigating circumstance to the institution’s lead financial aid
officer at the post-secondary educational institution at which the student is
enrolling or will enroll; the institution’s lead financial aid officer shall
exercise professional judgment to determine whether the exceptional mitigating
circumstance is beyond the student's control and precludes the student from
meeting the requirements specified in Paragraphs (1) through (3) of Subsection
A of 5.7.20.8 NMAC;
(b) if,
in the professional judgment of the institution’s lead financial aid officer,
the student's exceptional mitigating circumstance is recognized as a valid
reason for the student's inability to meet the requirements specified in
Paragraphs (1) through (3) of Subsection A of 5.7.20.8 NMAC the student's
initial eligibility for the legislative lottery scholarship shall be suspended
or deferred unless and until such time that the student is capable of meeting
the requirements of Paragraph (4) of Subsection A of 5.7.20.8 NMAC; and
(5) has
not been awarded a New Mexico scholars’ scholarship or other state scholarships
which are designated for one hundred percent tuition[; and
(6) students
with disabilities shall obtain a referral from the student services division of
the post-secondary educational institution where the student is enrolled that
oversees students with special needs’ requests to reduce the credit hours to be
considered full-time for scholarship eligibility; referrals and any sufficient
documentation shall be received within 30 days of the start of the student’s
first semester;
(7) students
are encouraged, but are not required, to complete a free application for
student aid (FAFSA) for lottery scholarship eligibility].
B. Other
provisions regarding initial eligibility.
(1) Students
with disabilities shall obtain a referral from the student services division of
the post-secondary educational institution where the student is enrolled that
oversees students with special needs’ requests to reduce the credit hours to be
considered full-time for scholarship eligibility; referrals and any sufficient
documentation shall be received within 30 days of the start of the student’s
first semester.
(2) Students
are encouraged, but are not required, to complete a free application for
student aid (FAFSA) for lottery scholarship eligibility.
(3) During the 16 months after graduation or receipt of a high
school equivalency credential recognized by the State of New Mexico a student
may attend a public post-secondary educational institution or tribal college
prior to their qualifying semester less than-full time without affecting future
program eligibility. Once a student is
enrolled and attends a public post-secondary educational institution or tribal
college full-time during the 16 months after graduation or receipt of high
school equivalency credential recognized by the State of New Mexico, the
student shall be considered to have commenced the qualifying semester and must
meet the qualifying semester eligibility requirements within Subsection N of
5.7.20.7 NMAC.
[B.] C. Continuing eligibility. Upon satisfaction of the qualifying semester
eligibility requirements, the scholarship will be awarded to the student
beginning with their second semester of enrollment. A student’s continuing eligibility shall be
determined on a semester basis.
(1) A
legislative lottery scholarship award may be re-awarded to a student who:
(a) maintains
a minimum of a 2.5 cumulative GPA; a student has the right to request use of
the student’s cumulative GPA earned at all New Mexico public post-secondary
educational institutions and tribal colleges; and
(b) maintains
full time enrollment as provided in Subsection G of 5.7.20.7 NMAC; when a
qualified student transfers after completion of the first semester from a two
year institution to a four year institution for enrollment during the second or
subsequent program semester, a student will have met eligibility requirements,
but said student must enroll in 15 credit hours upon transfer to maintain
eligibility;
(i) receipt of a transfer transcript for sufficient documentation
for eligibility;
(ii) student
transfers shall defer to the receiving institution to determine eligibility.
(2) Students
with disabilities may be re-awarded the legislative scholarship under the
following conditions:
(a) a
referral is obtained for each semester in which a reduction in credit hours is
requested;
(b) maintains
a minimum of a 2.5 cumulative GPA; and
(c) in
no case shall eligibility extend beyond 14 consecutive semesters at a four year
institution and seven consecutive semesters at a two year institution.
(3) An
eligible student that transfers shall continue to be eligible at the receiving
institution after receipt of the student’s transfer transcript containing
eligibility confirmation.
[C.] D. Probation. Students who have been
determined eligible and subsequently have exceptional mitigating circumstances
as determined by the institution’s lead financial aid officer may be placed on
a probationary status under the following conditions:
(1) the
student shall provide documents certifying the nature of their exceptional
mitigating circumstance to the lead financial aid officer at the post-secondary
institution at which the student is enrolling or will enroll;
(2) the
lead financial aid officer shall exercise professional judgment to determine
whether the exceptional mitigating circumstance is beyond the student's control
and precludes the student from meeting the requirements specified in Paragraph
(4) of Subsection A of 5.7.20.8 NMAC; and
[(3) the student shall maintain enrollment at the public post-secondary
educational institution where eligibility was lost, if applicable;]
[(4)] (3) a student may receive scholarship funding
while on probationary status, however under no circumstances shall the
student receive program awards in excess of those prescribed in Subsections A
and B of 5.7.20.9 NMAC [less the regular semester(s) of probation].
[5.7.20.8 NMAC -Rp, 5.7.20.8 NMAC,
08/15/2014; A/E, 8/15/2014; A, 9/30/2014; A, 11/15/2016; A, 10/31/2017; A,
7/30/2019]
5.7.20.9 DURATION OF SCHOLARSHIP:
[A. Upon qualification, the student’s initial scholarship
shall begin with the second semester of enrollment at a post-secondary
educational institution. Thereafter,
each scholarship is for a period of one semester subject to revocation for
failure to maintain eligibility. The
scholarship may be renewed on a semester basis until the award recipient has
received three program semesters of awards at a community college or seven semesters
at a research and comprehensive institution of scholarship awards, or until the
student graduates with a bachelor’s degree from an eligible institution,
whichever is sooner.
B. An
award recipient may use the award at an eligible two-year post-secondary
educational institution until the student receives three program semesters of
scholarship awards or an associate’s degree and can continue to use the award
at an eligible New Mexico four-year post-secondary educational institution if
the student transfers to a four-year post-secondary educational institution without
a break in attendance or the semester following receipt of the associate’s
degree. In no case shall a student
receive more than seven program semesters of the award with the exception of
students with disabilities.
C. A
student may transfer from a four-year post-secondary educational institution or
to a two-year post-secondary educational institution, but in no case shall a
student receive more than three program semesters of awards at the two-year
institution (including those awarded at the prior post-secondary educational
institution) or until the student graduates with an associate’s degree,
whichever is sooner.]
A. Upon
qualification, the student’s initial scholarship shall begin with the second
semester of enrollment at a public post-secondary educational institution or
tribal college. Thereafter, each
scholarship is for a period of one semester subject to revocation for failure
to maintain eligibility. The scholarship
may be renewed on a semester basis until the award recipient has received three
program semesters of awards at a community college or seven program semesters
of awards at a research institution, comprehensive institution, or tribal
college, or until the student graduates with a bachelor’s degree from an
eligible institution, whichever is sooner.
B. An
award recipient may use the award at an eligible two-year public post-secondary
educational institution until the student receives three program semesters of
scholarship awards or an associate’s degree and can continue to use the award
at an eligible New Mexico four-year public post-secondary educational
institution or tribal college if the student transfers to a four-year public
post-secondary educational institution or tribal college without a break in
attendance or the semester following receipt of the associate’s degree. In no case shall a student receive more than
seven program semesters of the award with the exception of students with
disabilities.
C. A
student may transfer from a four-year public post-secondary educational
institution or tribal college to a two-year public post-secondary educational
institution, but in no case shall a student receive more than three program
semesters of awards at the two-year institution (including those awarded at the
prior public post-secondary educational institution or tribal college) or until
the student graduates with an associate’s degree, whichever is sooner.
D. A
student who has been previously eligible may request a leave of absence for
cooperative education, military obligations, participation in a study abroad
program through the home institution, or other exceptional mitigating circumstances.
E. The
student’s institutional lead financial aid officer may approve a leave of
absence for a period of up to one year if in the lead financial aid officer’s
professional judgment the student has provided sufficient documentation to
justify the leave of absence. Subsequent
requests for an additional leave of absence by a student may be considered by
the institution’s lead financial aid officer in increments not to exceed one
year.
F. The
lead financial aid officer shall, in turn, ensure that the student does not
receive program awards in excess of those prescribed in Subsections A and B of
5.7.20.9 NMAC and shall exclude the semesters of “non-enrollment” from the
determination of eligible award semesters.
G. A
student completing a department approved public service program may reduce
their course load for the semester of their service or training and maintain
eligibility for the scholarship. These
students will not be eligible for scholarship benefits for the semester in
which they are enrolled part time and will need to maintain all other
eligibility criteria in subsequent semesters. The part-time semester will not count against
their total number of semesters in which the student may receive the
scholarship.
H. If
a student becomes ineligible for a different state scholarship that is
designated for one hundred percent tuition, but satisfies the first semester
eligibility requirements and thereafter is eligible for the legislative lottery
scholarship, the student may begin receiving the legislative lottery
scholarship for the remaining number of semesters of enrollment, not to exceed
those prescribed in Subsections A and B of 5.7.20.9 NMAC.
[5.7.20.9 NMAC - Rp, 5.7.20.9 NMAC,
08/15/2014; A/E, 8/15/2014; A, 11/15/2016; A, 10/31/2017; A, 7/30/2019]
5.7.20.10 AMOUNT OF SCHOLARSHIP:
A. To
the extent that funds are made available from the fund, the board of regents or
governing bodies of public [postsecondary] post-secondary educational
institutions and tribal colleges shall award tuition scholarship in
department approved amounts to qualified students.
B. The
method the department will use for calculating the tuition scholarship is as
follows:
(1) estimate
the total amount available in the lottery tuition fund, based on past lottery
fund transfers, current year balances, and additional funds made available
through legislation;
(2) estimate
the number of lottery scholarship recipients for each institution, based on
department endorsed institutional projections;
(3) calculate
the tuition scholarship for each sector (research, comprehensive, and community
college) and tribal college in accordance with [2018 Bill Text NM
S.B. 140] Section 21-21N-4 NMSA 1978;
(4) calculate
the total amount needed to pay full tuition to all estimated recipients;
(5) compute
an award for each scholarship
recipient distributed in amounts as follows:
(a) one thousand five hundred dollars ($1,500) per scholarship
per program semester for a student enrolled at a research institution;
(b) one thousand twenty dollars ($1,020) per scholarship per
program semester for a student enrolled at a comprehensive institution or
tribal college; and
(c) three hundred eighty dollars ($380) per scholarship per
program semester for a student enrolled at a community college;
(6) If the total amount available pursuant to Paragraph (3) of
Subsection B of 5.7.20.10 NMAC is less than the amount calculated in Paragraph (5)
of Subsection B of 5.7.20.10 NMAC, the department shall decrease the
scholarship award amounts in a manner that maintains the distribution in the
same proportions as provided in Paragraph (5) of Subsection B of 5.7.20.10
NMAC. If the total amount available pursuant to Paragraph (3) of Subsection B
of 5.7.20.10 NMAC is more than the amount calculated in Paragraph (5) of Subsection
B of 5.7.20.10 NMAC, the department shall increase the scholarship award
amounts in a manner that maintains the distribution in the same proportions as
provided in Paragraph (5) of Subsection B of 5.7.20.10 NMAC.
(7) notify
institutions.
C. In
no case shall a student receive scholarship awards exceeding the total amount
of tuition charged.
D. Qualified
students in their graduating semester shall receive a tuition scholarship
proportional to the number of credit hours required to graduate.
[5.7.20.10 NMAC - Rp, 5.7.20.10 NMAC,
08/15/2014; A, 11/15/2016; A, 10/31/2017; A, 7/24/2018; A, 7/30/2019]
5.7.20.11 ADMINISTRATION OF THE legislative lottery SCHOLARSHIP:
A. Eligible
public post-secondary educational institutions and tribal colleges
shall:
(1) notify
students of their possible eligibility, during their first regular semester of
enrollment including transfer students who had the legislative lottery
scholarship at previous institutions;
(2) designate
their institution’s lead financial aid officer to be responsible for
determining initial and continuing student eligibility for the legislative
lottery scholarship under the terms of these rules and regulations;
(3) maintain
a listing of each participating student to include, but not be limited to:
(a) social
security number as appropriate;
(b) cumulative
GPA and completed enrollment hours in prior semesters;
(c) proof
of initial and continuing enrollment;
(d) award
semester; and
(e) other
data fields deemed important by the department;
(4) draw-down
files should be submitted to the department for eligible students as defined in
5.7.20.10 NMAC per semester; all fiscal year draw-downs shall be for eligible
students enrolled during the same fiscal year;
(5) for
students that satisfied the first semester eligibility requirements and seek
continuing eligibility consideration, use professional judgment to determine
that exceptional mitigating circumstances beyond the students control, for
which documentation exists in the student’s file; the institutions shall defer
to their institutional satisfactory academic progress policy when considering
circumstances which include, but are not limited to, consideration for falling
below the cumulative GPA requirement or successfully maintain full time
enrollment as defined in Subsection G of 5.7.20.7 NMAC;
(6) provide
to the department by April 15 each year the projected enrollment and tuition
rates for the following academic year for their appropriate institution as
follows: comprehensive, research institution in their second through eighth
program semester including qualified students in their fifth through eighth program
semesters who transferred from a community college; projected enrollment at
each community college at each community college in their second through fourth
program semesters;
(7) publish
the probation policy as defined in Subsection [C] D of 5.7.20.8
NMAC;
(8) encourage
consortium agreements, as defined in the code of federal regulations, 34 CFR
6685, in order to facilitate the enrollment of students and to facilitate the
student’s participation in this program;
(9) ensure
that all available state scholarships including merit based three percent
scholarship and New Mexico scholars are awarded before granting legislative
lottery scholarships; the intent of this provision is that tuition costs shall
be paid first for those students eligible for merit-based aid packages funded
by three percent scholarships; in those instances when tuition is not fully
covered by the merit-based aid package, said student is eligible for the
tuition cost differential to be funded by the legislative lottery scholarship
program; nothing in this section requires a public postsecondary educational institution
to award a scholarship inconsistent with the criteria established or such
scholarship; refer to Subsection G of 5.7.20.9 NMAC for additional provisions;
B. The
department shall:
(1) determine
the scholarship award pursuant to the provisions of 5.7.20.10 NMAC; all
eligible institutions will be notified prior to June 1 annually;
(2) conduct
audits to ascertain compliance with rules and regulations, if, during the audit
process, evidence indicates that a student should not have received a
legislative lottery scholarship, the department will provide guidance to the
institutions for appropriate action;
(3) make
available to the legislative finance committee and department of finance and
administration, by November 1, the following information:
(a) the
status of the fund;
(b) tuition
scholarship program participation data aggregated for each public postsecondary
education institution and tribal college to show:
(i) the
number of qualified students who received tuition scholarships and in the prior
12 month period;
(ii) the
total number of qualified students enrolled in the prior 12-month period;
(iii) the
amount of tuition scholarships funded by semester and the amount of tuition
costs that were not offset by the tuition scholarship by semester; and
(iv) the
number of qualified students who graduated with a degree and, for each
qualified student, the number of consecutive semesters and nonconsecutive
semesters attended prior to graduation.
[5.7.20.11 NMAC - Rp, 5.7.20.11 NMAC,
08/15/2014; A/E, 8/15/2014; A, 11/15/2016; A, 10/31/2017; A, 7/24/2018; A,
7/30/2019]