TITLE 5 POST-SECONDARY EDUCATION
CHAPTER 2 ESTABLISHMENT
OF POST-SECONDARY EDUCATIONAL INSTITUTIONS
PART 4 GEOGRAPHIC AREAS OF
RESPONSIBILITY
5.2.4.1 ISSUING
AGENCY: State of New Mexico Higher Education
Department
[5.2.4.1 NMAC - N, 05/01/07]
5.2.4.2 SCOPE: All public two-year
postsecondary institutions operating within and receiving financial support
from the state of New Mexico, offering associate degree and certificate
programs.
[5.2.4.2 NMAC - N, 05/01/07]
5.2.4.3 STATUTORY AUTHORITY: Authority for
5.2.4 NMAC is found in NMSA 1978 Sections 21-1-26, 21-1-26.3, 21-2-5, and
21-2A-11 (1996 Repl. Pamph.).
[5.2.4.3 NMAC - N, 05/01/07]
5.2.4.4 DURATION: Permanent.
[5.2.4.4 NMAC - N, 05/01/07]
5.2.4.5 EFFECTIVE
DATE:
May 1, 2007, unless a later date is cited at the end of a section.
[5.2.4.5 NMAC - N, 05/01/07]
5.2.4.6 OBJECTIVE:
A. The
objective of 5.2.4 NMAC is to establish geographic areas of responsibility
encompassing the entire state to facilitate the effective planning and delivery
of public two-year postsecondary educational programs and services throughout
New Mexico, with due regard for economy and efficiency of delivery and the
avoidance of unnecessary program duplication.
B. This
policy acknowledges that New Mexico is a diverse state and flexibility in
serving different regions must be embedded and honored in the implementation of
this policy. Since state resources are
limited, the purpose of 5.2.4 NMAC is to create a more efficient structure for
the delivery of programs and services.
[5.2.4.6 NMAC - N, 05/01/07]
5.2.4.7 DEFINITIONS:
A. “Department” means the New Mexico higher
education department.
B. “Existing programs” means academic,
career-technical, and remedial programs leading to a certificate or associate
degree that was offered by a two-year public postsecondary institution within a
geographic area of responsibility as of January 1, 2006.
C. “Geographic area of responsibility (GAR)”
is an assigned geographic region encompassing one or more public school
districts where a public postsecondary educational institution has the
exclusive right to meet the lower division postsecondary educational needs of the area, subject only to the
limitations imposed by its enabling legislation and consistent with the
provisions of this policy.
D. “Two-year postsecondary institution” is
a publicly supported postsecondary educational institution that has the
exclusive right to meet the lower division postsecondary educational needs of
this assigned geographic region, subject only to limitations imposed by its
enabling legislation and consistent with the provisions of this policy,
including the two-year programs of western New Mexico university and northern
New Mexico college.
E. “Host institution” means the public
postsecondary educational institution that has been assigned to a geographic area
of responsibility.
F. “Partner institution” means a public
two-year postsecondary educational institution that agrees through a formal memorandum
of understanding to provide educational programs and services within a geographic
area of responsibility assigned to another public two-year postsecondary
educational institution.
G. “Right of first refusal” means that an
institution assigned to a geographic area of responsibility must first decline,
in writing, to the New Mexico higher education department within 60 days, to
provide requested educational services before another New Mexico public
postsecondary institution may offer those services in that service area. This provision shall not apply to existing
programs as defined in this policy.
[5.2.4.7 NMAC - N, 05/01/07]
5.2.4.8 ESTABLISHMENT OF GEOGRAPHIC
AREAS OF RESPONSIBILITY:
A. By
April 16, 2007, each public postsecondary institution offering associate degrees
and certificate programs, upon approval of its governing board, shall petition
the department to establish a GAR for the institution. The proposed GAR shall consist of all public
school districts or portions thereof which are currently part of the local
taxing district that supports the institution, or areas outside of its taxing
district which the institution has historically served (grandfather clause).
B. By
May 1, 2007, the department shall assign GARs to each public postsecondary
educational institution offering associate degrees and certificate programs in
such a manner that all geographic areas of the state are included.
C. The
department shall consider the following factors, while determining which public
school districts are to be assigned to the GAR for each public postsecondary institution:
(1) boundaries of the current local taxing
district, if applicable;
(2) market share of existing educational
services within the proposed GAR as determined through an analysis conducted by
the department;
(3) county boundaries, public K-12 districts
or portions thereof that have provided courses and/or programs prior to the
implementation of this policy by a two-year institution, i.e. the
“grandfathering in” of areas served by a two-year institution outside of its
taxing district;
(4) boundaries of the local small business development
center (SBDC) service area shall be given consideration if college level
coursework has historically been provided within the assigned SBDC region;
(5) requested boundaries of the proposed
service area outside of the current taxing district; this could include areas
in which more than one institution is currently providing services, as well as
areas where no services are currently provided.
[5.2.4.8 NMAC - N, 05/01/07]
5.2.4.9 RESPONSIBILITIES OF HOST
INSTITUTION: Upon assignment of a GAR by the department,
the host institution shall assume the following responsibilities.
A. Coordinate
a needs assessment to determine the programs needed to support current and
future workforce demands within the GAR.
B. Provide
educational services to address identified needs in a cost-effective and
efficient manner. These services may
include lower-division course work offered for academic credit, dual-credit
programs, developmental education services, adult basic education and literacy
programs, and non-credit workforce training and community education programs.
C. Partner
with other two-year postsecondary educational institutions to serve the needs
of the GAR by serving as a broker to bring in appropriate programs not offered
by the host institution.
D. Maintain
the facility and support services, unless otherwise negotiated with partnering
institutions.
E. Assume
the leadership role in providing library services.
F. Provide
leadership in the crafting of a memorandum of understanding (MOU) with
partnering institutions, which shall define the programs and services to be
provided by each party and provide for a fair and equitable distribution of
tuition and formula revenue resources.
At a minimum, each MOU must address the following issues:
(1) cost and revenue sharing arrangements;
(2) student credit hour reporting
arrangements;
(3) accommodations for alternative delivery
methods at the receive site;
(4) arrangements and responsibilities for
evaluating the effectiveness of the joint venture;
(5) provision
of student support services;
(6) provision of academic support services;
and
(7) provision for termination in the event
necessary.
G. Upon
approval by the governing boards, all MOU’s will be submitted to the department
for its records and use in developing formula funding recommendations.
[5.2.4.9 NMAC - N, 05/01/07]
5.2.4.10 DISTRIBUTION
OF REVENUES:
A. Revenues
generated by programs offered within the GAR by the host institution shall
belong to the host institution. The host
institution may assess tuition and fees as necessary to cover the cost of all
programs and services offered within the GAR, including appropriate surcharges
for services provided outside of the institution’s taxing district.
B. Distribution
of revenues generated as a result of programs offered by a partner institution
within the geographic area of responsibility of a host institution shall be
divided between the institutions based on the MOU approved by the governing
boards of the institutions.
[5.2.4.10 NMAC - N, 05/01/07]
5.2.4.11 IMPLEMENTATION
OF POLICY: The department recognizes that implementation
of this policy must recognize the current status of state-supported
postsecondary educational services within newly-defined GARs.
A. The
provisions of this policy do not apply to existing programs as defined in 5.2.4.7
NMAC. Existing programs offered within
any GAR shall continue to be eligible for formula funding as provided in 5.3.12
NMAC.
B. A
governing board has the authority to approve and offer a new competing program
in a GAR to which their institution is not designated. However, the competing program will not
receive state formula funding support through the higher education funding
formula.
C. The
provisions of this policy do not apply to programs or courses delivered via
instructional television or web-based instruction.
D. The
provisions of this policy do not apply to tribal governments or schools which
may broker educational services from any public or private postsecondary
educational institution.
[5.2.4.11 NMAC - N, 05/01/07]
5.2.4.12 TEMPORARY
PROVISION: Until such time as the department approves a
network of GARs encompassing the entire state, the department maintains that
each two-year institution’s local taxing district shall constitute its GAR for
the direct provision of lower division instruction, subject only to limitations
imposed by its enabling legislation, and otherwise consistent with the
provisions of this policy.
[5.2.4.12 NMAC - N, 05/01/07]
HISTORY OF 5.2.4 NMAC: [RESERVED]