TITLE
5 POST-SECONDARY EDUCATION
CHAPTER
5 POST-SECONDARY EDUCATIONAL
PROGRAMS
PART 6 APPROVAL OF NEW UNDERGRADUATE PROGRAMS
5.5.6.1 ISSUING AGENCY: New Mexico Higher Education Department, 2044 Galisteo Street, Suite 4, Santa Fe, New Mexico 87505, (505) 476-8400.
[5.5.6.1 NMAC - N, 06/12/2018]
5.5.6.2 STATUTORY AUTHORITY: 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.
[5.5.6.2 NMAC - N, 06/12/2018]
5.5.6.3 SCOPE: All undergraduate programs offered by any public higher education institution operating within and receiving financial support from the state of New Mexico.
[5.5.6.3 NMAC - N, 06/12/2018]
5.5.6.4 DURATION: Permanent.
[5.5.6.4 NMAC - N, 06/12/2018]
5.5.6.5 EFFECTIVE DATE: June 12, 2018, unless a later date is cited at the end of a section.
[5.5.6.5 NMAC - N, 06/12/2018]
5.5.6.6 OBJECTIVE: 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.
[5.5.6.6 NMAC - N, 06/12/2018]
5.5.6.7 DEFINITIONS:
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.
[5.5.6.7 NMAC - N, 06/12/2018]
5.5.6.8 GENERAL
REQUIREMENTS:
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.
[5.5.6.8 NMAC - N, 06/12/2018]
5.5.6.9 SUBJECT TO APPROVAL: 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.
[5.5.6.9 NMAC - N, 06/12/2018]
5.5.6.10 ADVISORY REVIEW COMMITTEE:
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.
D. A chief academic officer serving on the advisory review committee shall recuse himself or herself from voting on any matters from his or her institution brought before the advisory review committee.
[5.5.6.10 NMAC - N, 06/12/2018]
5.5.6.11 APPROVAL
BY THE DEPARTMENT:
A. Before
submitting an application to create a new undergraduate program, an institution
must have initiated institutional review.
It is the sole responsibility of the institution to comply with all
requirements of the institution and seek approval within a timeframe that
allows the institution to comply with all necessary deadlines set by the
department. If any decision in the
institutional review process affects the content of the application submitted
to the department, the institution must re-submit the application to the
department with updated information.
Updates to the application by the institution may impact the timeline of
review by the department.
B. An institution
must submit a completed application to the department, on a form provided by
the department, by the deadline published by the department.
C. The
department shall conduct an initial review of a submitted application. The department may request additional
information from the institution for use in its initial review. The department shall determine whether the
application is correctly and fully completed.
If the department determines that an application is not correctly and
fully completed, the department shall return the application to the institution
with recommendations as to how deficiencies may be remedied. An application shall not be presented to the
advisory review committee until the department has completed initial review and
determines that the application is correctly and fully completed.
D. If the
application is submitted on or before the deadline published by the department,
consideration of the application shall be placed on the next advisory committee
meeting agenda. If the institution
submits the form after the published deadline, consideration of the application
will be postponed until the subsequent advisory committee meeting.
E. The department
shall have a representative present during the advisory committee meeting to
present the application. The department
representative shall not be an advisory committee member.
F. A representative
from the applicant institution shall be present during the advisory committee
meeting and shall be prepared to respond to questions presented by the advisory
committee. The institutional
representative shall not be considered a member of the advisory committee and
may not cast a vote on any matters before the committee.
G. The advisory
committee may recommend to approve, disapprove, or return
a proposal to the sponsoring institution for modification.
H. After receiving
a recommendation from the advisory committee, the department cabinet secretary
shall make the final written determination as to whether the new undergraduate
program shall be approved, disapproved, or returned to the sponsoring
institution for modification. The final
written determination shall be sent to the institution within 10 business days
of the advisory committee meeting.
I. At
any point during the review process, the institution may withdraw its
application.
J. If
the department cabinet secretary denies the application for a new undergraduate
program the department shall issue a statement in writing to the institution
detailing the reasons for denial. If the
department cabinet secretary determines that the application shall be returned
to the sponsoring institution for modification, the department shall issue a
statement in writing to the institution detailing the reasons.
K. If the
institution receives a denial, the institution may file an appeal to the
department within 10 business days of issuance by the department cabinet
secretary. The appeal must contain the
institution’s arguments for reversal of the decision, clearly labeled. The appeal must be mailed to the department
cabinet secretary via certified mail.
The department cabinet secretary will evaluate the merits of the appeal
and consider the arguments of the institution.
Upon review by the department cabinet secretary, a final written
determination will be sent to the institution within 20 business days of
receipt of the appeal. While an appeal
is pending, the institution and department are strongly encouraged to continue
discussions and negotiations in an effort to resolve the matter by agreement
and reestablish productive working relations.
The institution may withdraw an appeal at any time before the secretary
reaches a final decision.
L. If the
department cabinet secretary denies the request for a new program, the
department will not reconsider the same application. The institution must initiate a new
application process addressing the concerns of the advisory committee or
department cabinet secretary.
M. No new
undergraduate program shall be effective unless approved by the department cabinet
secretary. If the department cabinet
secretary does not approve a new program, the program and any student enrolled
in that program, shall not be eligible for inclusion in any of the department’s
funding recommendations.
[5.5.6.11 NMAC - N, 06/12/2018]
5.5.6.12 FACTORS
CONSIDERED IN APPLICATION REVIEW: 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.
[5.5.6.12 NMAC - N, 06/12/2018]
5.5.6.13 REQUESTING
A CLASSIFICATION OF INSTRUCTIONAL PROGRAMS CODE:
A. A classification
of instructional programs (CIP) code will not be assigned nor approved by the
department until department and institutional review have been completed.
B. When a new
undergraduate program is approved, the institution must submit a CIP code
request form and documentation of approval by the department cabinet secretary
and the institution’s governing board to the planning and research division of
the department.
C. The planning and
research division of the department will assign and approve the use of a new
CIP code.
[5.5.6.13 NMAC - N, 06/12/2018]
5.5.6.14 REPORTING:
A. Institutions shall report to the department the
following, in a manner determined by the department, within 30 business days of
implementation:
(1) new undergraduate programs;
(2) new sub-baccalaureate certificate programs;
(3) discontinued undergraduate programs; and
(4) any change to the curriculum of an existing undergraduate program.
B. Any items
reported to the department in Subsection A of 5.5.6.14 NMAC shall include CIP
code, curriculum, location, and program requirements.
C. Institutions
shall annually report dormant programs to the department on a date set by the
department.
[5.5.6.14 NMAC - N, 06/12/2018]
HISTORY OF 5.5.6 NMAC: [RESERVED]