New Mexico Register / Volume XXXIV, Issue 17 / September 12,
2023
This is an amendment
to 5.7.37 NMAC Sections 3, 6, 7, 8, 10 and 11 effective 9/12/2023.
5.7.37.3 STATUTORY AUTHORITY: Section 9-25-1 et seq. NMSA 1978 and [Chapter 42, Laws of
2022] Section 21-21R-1 et seq. NMSA 1978.
[5.7.37.3 NMAC - N, 7/12/2022; A, 9/12/2023]
A. The objective of 5.7.37 NMAC is to
provide a level of financial support to [qualified New Mexico students] returning
student learners who are enrolled in a workforce certificate program, or
an associate or bachelor’s degree program at an eligible New Mexico public post-secondary
educational institution or tribal college.
This level of financial support is intended to help defray the cost of
tuition and fees at the public post-secondary educational institution or tribal
college where the student is enrolled.
[B. The purpose of 5.7.37 NMAC is to encourage completion of a workforce-appropriate
certificate, an associate or a bachelor’s degree by providing financial support to qualified students
enrolled in a minimum of six credit hours and a maximum of eighteen credit
hours per fall and spring semester. The scholarship may also be awarded to
qualified students enrolled in a minimum of three and a maximum of nine credit
hours during the summer semester.
C] B. [A further purpose] The
objective of 5.7.37
NMAC is to [encourage recent graduate learners 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 by
supplementing but not supplanting the New Mexico legislative lottery tuition
scholarship. Returning student learners are encouraged to
complete a two-year degree or a four-year degree within the maximum credit hour
allowances for the scholarship prescribed in 5.7.37.9 NMAC] provide a level of financial support
to recent graduate learners. This level of financial support is intended
to defray the cost of tuition and fees during a qualifying semester and summer
semesters after any available state and institutional aid has been awarded. Provided
sufficient funding exists in the Opportunity Scholarship Fund, the award may be
used to supplement, but not supplant, the New Mexico legislative lottery
tuition scholarship in an amount not to exceed the cost of tuition and fees for the qualifying semester and summer semesters, and fees
for other semesters.
[D]
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 the
circumstances affecting student eligibility and make accommodations as deemed
reasonable and appropriate, based on the student's disability needs. 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.
[5.7.37.6 NMAC - N, 7/12/2022; A,
9/12/2023]
5.7.37.7 DEFINITIONS:
A. “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.
B. “Comprehensive institution” means eastern New
Mexico university, New Mexico Highlands university, northern New Mexico college
or western New Mexico university.
C. “Cumulative
grade point average” includes grades received during fall, spring and summer semesters.
[C]
D. “Department” means
the higher education department.
[D]
E. “Eligible institution”
means a public post-secondary educational institution or a tribal college that
has a current and valid memorandum of understanding as described in Subsection
B of 5.7.37.11 NMAC.
[E] F. “Fee” or “Fees” means:
(1) mandatory non-tuition charges levied
to all students as a condition of enrollment;
(2) course-specific fees levied in an
amount not to exceed fifty dollars ($50) per credit hour or as otherwise
approved by the department on a course-by-course basis; and
(3) shall not include charges levied for
funding of capital projects or charges pledged for repayment of institutional
bonds, loans or institutional debt of any type.
[F]
G. “Full time” means 15
or more credit hours each program semester of the regular academic year at
four-year institutions or tribal colleges and 12 or more credit hours each
program semester of the regular academic year in two-year institutions for
recent graduate learners.
[G]
H. “Independent student”
means a student with established financial need and no means of familial
support as evidenced by their filing status on the free application for federal
student aid or other means of income verification as determined by
the institution.
[H]
I. “Opportunity
scholarship” means an award to recent graduate learners and returning
student learners.
[I]
J. “Public
post-secondary educational institution” means a state educational
institution or a community college.
[J]
K. “Qualified student”
means a recent graduate learner or a returning student learner.
[K]
L. “Recent graduate learner” means a full-time student who does not have a
bachelor's, master's or doctoral degree and who
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 an eligible 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
an eligible institution; and
(3) successfully
completed the first semester at an eligible institution with a grade point average
of 2.5 or higher on a 4.0 scale during the first semester of full-time
enrollment and maintains a cumulative grade point average of 2.5 or higher on a
4.0 scale at an eligible institution.
[L] M. “Research institution” means New
Mexico institute of mining and technology, New Mexico state university and the
university of New Mexico.
[M]
N. “Returning student learner” means a student 18 years of age or older who does not
otherwise meet the definition of a recent graduate learner, has a high school
diploma or who has received a high school equivalency credential and who does
not have a bachelor's, master's or doctoral degree, who has been a resident of
New Mexico for the preceding 12 consecutive months and who maintains a
cumulative grade point average of 2.5 or higher on a 4.0 scale at an eligible
institution.
[N]
O. “State educational
institution” means an institution of higher education enumerated in Article
12, Section 11 of the constitution of New Mexico.
[O]
P. “Tribal college”
means a tribally, federally or congressionally
chartered eligible institution located in New Mexico that is accredited by the
higher learning commission.
[P]
Q. “Tuition” means
mandatory instructional costs paid by or for a qualified student to an eligible
institution for coursework.
[Q] R. “Workforce
certificate” means a department-approved, credit-bearing
certificate of two years’ duration or less where data indicates the certificate
is in high demand as determined in consultation with the New Mexico department
of workforce solutions.
[5.7.37.7 NMAC - N, 7/12/2022; A,
9/12/2023]
5.7.37.8 STUDENT ELIGIBILITY:
A. A scholarship may be awarded to a
student who has met initial 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 or is
an active member of the New Mexico National Guard. All residency requirements for recent
graduate learners 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 K or M of 5.7.37.7 NMAC];
(4) for a returning
student learner, is enrolled in at least six credit hours, but not more than 18
credit hours in the fall or spring semester;
(5) qualified students may enroll in no [less] fewer
than three credit hours, but not more than nine credit hours in the summer
semester; and
(6) has met requirements in Paragraphs (1)
through (4) of Subsection A of 5.7.37.8 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 (4) of Subsection A of 5.7.37.8 NMAC due to a documented
exceptional mitigating circumstance do not forfeit eligibility for the
opportunity 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 (4) of Subsection A of 5.7.37.8 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 (4) of
Subsection A of 5.7.37.8 NMAC the student's initial or continuing
eligibility for the opportunity
scholarship shall be suspended or deferred unless and until such time that the
student is capable of meeting the requirements of Paragraphs (1) through (4) Subsection
A of 5.7.37.8 NMAC. B. Other provisions regarding initial
eligibility.
(1) Students with disabilities who are requesting a reduction of the credit hour
requirement shall obtain a referral from the
student services division of the public post-secondary educational institution
or tribal college 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]. Referrals and any sufficient documentation shall
be received within 30 days of the start of the student’s first semester. The
documentation may be reused for the subsequent semesters unless the student is
requesting to decrease their approved credit hours. In this case updated
documentation shall be required prior to the start of the semester for which
the student is enrolling.
(2) Students
are encouraged, but are not required, to complete a free application for
student aid (FAFSA) for scholarship eligibility.
(3) During the 16 months after high school
graduation, completion of the requirements of a home-based or non-public-school
primary educational program, or receipt of a high school equivalency credential
recognized by the state of New Mexico a recent graduate learner may attend a
public post-secondary educational institution or tribal college prior to their initial
semester less than-full time without affecting future program eligibility. Once
a recent graduate learner is enrolled and attends a public post-secondary
educational institution or tribal college full-time during the 16 months after high
school graduation, completion of the requirements of a home-based or
non-public-school primary educational program, or receipt of high school
equivalency credential recognized by the state of New Mexico, the recent graduate
learner shall be considered to have commenced the initial semester and must
meet the initial semester eligibility requirements within Subsection A of
5.7.37.8 NMAC.
C. Continuing eligibility. Upon satisfaction of the initial eligibility
requirements, the scholarship will be re-awarded to a recent graduate
learner during the second semester of continuous enrollment and re-awarded to a
returning student learner during the second continuous semester of enrollment. A student’s continuing eligibility
shall be determined on a semester basis.
(1) An
opportunity scholarship award may be re-awarded to a student who:
(a) maintains
a minimum of a 2.5 cumulative [GPA] grade point average; a
student has the right to request use of the student’s cumulative [GPA] grade
point average earned at all New Mexico public post-secondary educational
institutions and tribal colleges; and
(b) maintains continuous enrollment and meets earned credit hour criteria as provided in Paragraphs (3) through (5) of Subsection
A of 5.7.37.8 NMAC. When a recent graduate learner 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 opportunity 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] grade point average; and
(c) in no case shall eligibility extend
beyond 90 attempted credit hours for completion of an associate degree or 160 attempted
credit hours for completion of a bachelor’s degree [unless otherwise
authorized by the department].
(3) An eligible student [that] who
transfers shall continue to be
eligible at the receiving institution after receipt of the student’s transfer
transcript containing eligibility confirmation.
D. Probation. Students who have been determined to be
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 Subsection
A of 5.7.37.8 NMAC; and
(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 through D of 5.7.37.9 NMAC.
E. Petition for reinstatement. A recent
graduate learner [that] who loses eligibility for the opportunity
scholarship or legislative lottery scholarship pursuant to 5.7.37.12 NMAC or
5.7.20.12 NMAC and
has not been approved for a probationary semester may petition for reinstatement of eligibility for the
opportunity scholarship as a returning student learner no sooner than two years
following the end of the semester when eligibility was lost. A returning
student learner [that] who loses eligibility for the opportunity
scholarship pursuant to 5.7.37.12 NMAC and has not been approved for a
probationary semester may petition for reinstatement of eligibility for the opportunity
scholarship as a returning
student learner no sooner than two years following the end of the semester when
eligibility was lost.
[5.7.37.8 NMAC - N, 7/12/2022; A,
9/12/2023]
5.7.37.10 AMOUNT OF SCHOLARSHIP:
A. To the extent
that funds are made available from the fund, the board of regents or governing
bodies of public post-secondary educational institutions and tribal colleges
shall award tuition scholarships in department approved amounts [to
qualified students.] as follows:
(1) for
returning student learners an amount not to exceed the cost of tuition and fees for
enrollment in at least six
credit hours, but not more than 18 credit hours in the fall or spring semester
and optional enrollment in no less than three credit hours, but not more than
nine credit hours during a summer semester.
(2) for
recent graduate learners an amount not to exceed the cost of tuition and fees during
a qualifying semester after any available state and institutional aid has been
awarded. The scholarship may also be awarded to a recent graduate learner
enrolled in no fewer than
three credit hours, but not more than nine credit hours during a summer
semester. Provided sufficient funding exists in the Opportunity Scholarship
Fund the award may be used to supplement, but not supplant the New Mexico
legislative lottery tuition scholarship in an amount not to exceed the cost of
tuition and fees for the qualifying semester and summer semesters, and fees for
other semesters.
B. The
method the department will use for calculating the tuition scholarship is as
follows:
(1) estimate
the total amount available in the opportunity scholarship fund, based on
transfers, current year balances, and additional funds made available through
legislation;
(2) estimate
the number of 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 Section 21-21N-4 NMSA 1978;
(4) calculate the total amount needed to
pay full tuition and fees 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 5.7.37.10
NMAC is less than the amount calculated in Paragraph (5) of Subsection B of 5.7.37.10
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 5.7.37.10 NMAC. If the total amount available
pursuant to Paragraph (3) of Subsection B of 5.7.37.10 NMAC is more than the
amount calculated in Paragraph (5) of Subsection B of 5.7.37.10 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 5.7.37.10 NMAC; and
(7) notify institutions of the maximum award
by
June 1st annually.
C. In no case shall a student receive
scholarship awards exceeding the total amount of tuition and fees charged after
all other state aid has been applied.
D. Qualified students in their
graduating semester shall receive a tuition scholarship proportional to the
number of credit hours required to graduate. Students in their graduating
semester may enroll in [less] fewer than six credit hours and
maintain eligibility.
E. For qualified students in their
first semester, preference shall be given to independent students before other
students to the extent funds are available.
F. Opportunity
scholarships may supplement but shall not supplant institutional aid such as
three percent or bridge scholarships in the first semester.
G. Opportunity
scholarships may be awarded to qualified students [prior to] after
institutional aid such as three
percent or bridge scholarships in the second semester and beyond.
[5.7.37.10 NMAC - N, 7/12/2022; A,
9/12/2023]
5.7.37.11 ADMINISTRATION OF THE OPPORTUNITY
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 opportunity 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 opportunity
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] grade point
average 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
5.7.37.10 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] grade point average requirement or
successfully maintaining enrollment as defined in Paragraphs (3) through (5) of
Subsection A of 5.7.37.8 NMAC;
(6) provide
to the department by April 15 each year the projected enrollment and tuition
rates for the following academic year for their institution;
(7) publish
the probation policy as defined in Subsection D of 5.7.37.8 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; and
(9) ensure that all available state aids
including legislative lottery scholarships are awarded before granting opportunity
scholarships; the intent of this provision is that tuition and fee 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 and fee cost differential to be funded by the opportunity scholarship
program; nothing in this section requires a public post-secondary educational institution to
award a scholarship inconsistent with the criteria established or such
scholarship; refer to 5.7.37.10 NMAC for additional provisions.
B. The
department shall:
(1) Enter into a memorandum of
understanding on
or before June 1st with each
eligible institution describing:
(a) the maximum amount of tuition and fees
per student that may be paid by the opportunity scholarship fund each fiscal
year;
(b) the total amount available to the
eligible institution for opportunity scholarships each fiscal year;
(c) the reimbursement of any [tuition
or fee structures not captured within the definitions of Subsections E and
P of
5.7.37.7 NMAC]
reimbursable costs that
exceed tuition and fees;
and
(d) eligible workforce certificate
programs.
(2) 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) scholarship
program participation data aggregated for each public post-secondary education institution and
tribal college to show:
(i) the number of
qualified students who received opportunity 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.
[5.7.37.11 NMAC - N, 7/12/2022; A,
9/12/2023]