New Mexico Register / Volume XXXV, Issue 4 / February
27, 2024
This is an amendment to 5.7.18 NMAC
Section 10 effective 2/27/2024.
5.7.18.10 WAIVERS: If a student has met the requirement of one
of the following waivers, the student shall continue to be considered a
non-resident for reporting purposes but will receive the benefit of the
in-state tuition rates. In receiving [such]
a waiver pursuant to Subsection A through J of 5.7.18.10 NMAC, the
student does not become eligible for state funded student financial aid, unless
the regulations for a particular aid program allow for such eligibility.
A. American Indian nations, tribes
and pueblos. All out of state
members of an American Indian nation, tribe and
pueblo, located wholly or partially in New Mexico, regardless of the residence
of the member prior to acceptance at a post-secondary educational institution
shall be eligible to pay the in-state tuition rate. These include members of the following
tribes or pueblos: Navajo Nation, Jicarilla Apache, Mescalero Apache, Taos pueblo, Picuris
pueblo, Ohkay Owingeh,
Santa Clara pueblo, Nambe pueblo, San Ildefonso
pueblo, Pojoaque pueblo, Tesuque
pueblo, Cochiti pueblo, Jemez
pueblo, Santo Domingo pueblo, San Felipe pueblo, Zia
pueblo, Santa Ana pueblo, Sandia pueblo, Isleta pueblo, Laguna pueblo, Acoma pueblo, Zuni pueblo, and the
Ute Mountain tribe.
B. Armed forces. Any person, their spouse or dependent child, not otherwise entitled to claim residence, who is a member of the armed forces of the United States or armed forces of a foreign country assigned to active duty in the state of New Mexico, will be assessed in-state tuition rates.
(1) Assignment to active duty within New Mexico must be certified by the military person's commanding officer upon the student’s initial enrollment. Such students may continue paying resident rates for as long as they attend consecutive semesters at the same institution.
(2) A spouse or child of a veteran of the armed forces is entitled to pay tuition and fees at the rate provided for New Mexico residents; provided that spouse or child is eligible for benefits pursuant to the federal Post-9/11 Veterans Educational Assistance Act of 2008 or any other federal law authorizing educational benefits for a veteran and the dependents of a veteran.
C. National guard. Pursuant to Section 20-4-14, NMSA 1978, an active member of the national guard and the member's spouse and children shall be deemed in-state residents for purposes of determining tuition and fees at all state institutions of higher learning.
D. Part-time students. During regular academic year semesters, nonresident tuition may be waived, according to the institution's tuition policy, for students (U.S. citizens and foreign nationals) enrolling for no more than six semester hours during a regular term.
E. Summer session. During summer sessions, nonresident tuition may be waived according to the institution's tuition policy.
F. Certain Texas residents. Pursuant to Subsection D of Section 21-1-3, NMSA 1978, for the purposes of tuition payment and budget and revenue calculations, the board of regents of any post-secondary, state educational institution, as defined in Article 12, Section 11 of the constitution of New Mexico (specifically, NMHU, ENMU, NMSU, or WNMU), may determine that any Texas resident who resides within a 135 mile radius of that institution may qualify for in-state tuition rates.
G. Colorado and Arizona reciprocity. Tuition reciprocity participants from Colorado and Arizona shall be selected by eligible institutions to pay in-state tuition rates based on criteria set by forth by each eligible institution. The department will notify each eligible institution of the maximum waivers allocated on an annual basis.
H. Athletic scholarship recipients. Pursuant to Subsection E of Section 21-1-3, NMSA 1978, for the purposes of tuition payment and budget and revenue calculations, any student (U.S. citizens and foreign nationals) receiving an athletic scholarship from a post-secondary educational institution set forth in Article 12, Section 11 of the Constitution of New Mexico (specifically, UNM, NMSU, NMHU, ENMU, WNMU, or NNMC) may qualify for in-state tuition rates.
I. Competitive scholarship recipients. Any student participating in this program shall be recognized as a competitive scholar and reported as such, unless the student petitions for and is granted residency status.
J. Graduate assistants, including research and teaching assistants, employed at least one-fourth time (10 hours weekly), will be assessed in-state tuition rates. To be eligible, students (U.S. citizens and foreign nationals) must be enrolled full-time, as defined in the graduate catalogue of the public postsecondary institution, during regular terms.
K. Nondiscrimination principle. Notwithstanding the provisions of Subsection H of 5.7.18.7 NMAC, any tuition or state-funded financial aid that is granted to residents of New Mexico shall also be granted on the same terms to all persons, regardless of immigration status, who have attended a secondary educational institution in New Mexico for at least one year and who have either graduated from a New Mexico high school or received a high school equivalency credential (such as a general educational development GED) in New Mexico. State-funded financial aid programs with an employment component may require U.S citizenship or eligible non-citizen status.
[5.7.18.10 NMAC - Rp, 5.7.18.12 NMAC, 8/30/2007; A,
5/30/2008; A, 10/15/2015; A, 2/27/2024]