A. The higher education department shall be concerned with the problems of finance of those educational institutions designated in Article 12, Section 11 of the constitution of New Mexico and other public post-secondary educational institutions in the state. The department shall:

(1) be concerned with the adequate financing of these institutions and with the equitable distribution of available funds among them;

(2) receive, adjust and approve the budgets submitted by these institutions prior to the submission of these budgets to the state budget division of the department of finance and administration;

(3) develop and maintain programs, on a regular basis, for the orientation and in-service education of members of the boards of regents of the various educational institutions designated in Article 12, Section 11 of the constitution of New Mexico and the governing bodies of other public post-secondary educational institutions in the state;

(4) analyze the financial impact of each new degree program of each public post-secondary educational institution as part of the department's review of the institution's operating budget; and

(5) exercise such other powers as may be granted it by law.

B. Effective July 1, 2005, all new state-funded baccalaureate, graduate and professional degree programs shall be offered by public four-year educational institutions and all new associate degree programs shall be offered by public post-secondary educational institutions after a timely and thorough consultation with and review by the department.

C. Notwithstanding any other provisions of law, the higher education department may be designated by the governor to administer funds furnished under acts of congress for post-secondary educational institutions, except for funds specifically appropriated or otherwise designated for those educational institutions enumerated in Article 12, Section 11 of the constitution of New Mexico.

D. The higher education department is also charged with oversight of all private post-secondary educational institutions operating within the state.

History: 1941 Comp., § 55-2714, enacted by Laws 1951, ch. 190, § 1; 1953 Comp., § 73-29-15; Laws 1964 (1st S.S.), ch. 19, § 1; 1985, ch. 43, § 1; 1986, ch. 24, § 2; 1989, ch. 354, § 1; 1994, ch. 108, § 1; 2005, ch. 289, § 15.

Cross references. — For designation of the commission on higher education as the higher education department, see 9-25-4.1 NMSA 1978.

For the Higher Education Department Act, see 9-25-1 NMSA 1978 et seq.

For designation of the commission of higher education [higher education department] as the state commission on post-secondary education, see 21-2-3 NMSA 1978.

For powers of the department relating to the Work-Study Act, see 21-21B-3 NMSA 1978 et seq.

The 2005 amendment, effective April 7, 2005, deleted the former language in subsection A which created the commission on higher education; provided in Subsection A that the department shall be concerned with other public post-secondary educational institutions in the state; deleted the former provision of Subsection A(2) which provided that the commission was authorized to receive funding for the in-plant development training program and to administer the funds; provided in Subsection A(3) that the department shall provide for the orientation and in-service education of members of the governing bodies of other public post-secondary educational institutions in this state; added Subsection A(4) to provide that the department shall analyze the financial impact of new degree programs in public post-secondary educational institutions as part of the review of their operating budget; added Subsection B to provide that all new state-funded baccalaureate, graduate and professional degree programs shall be offered by public four-year educational institutions and all new associate degree programs shall be offered by public post-secondary educational institutions after review by the department; changed the reference to the commission on higher education to the department in Subsection C; provides in subsection that the department may administer federal funds for post-secondary educational institutions except funds specifically appropriated or otherwise designated for those educational institutions; and changed "commission on higher education" to "higher education department" in Subsection D.

The 1994 amendment, effective July 1, 1994, inserted "on higher education" following "commission" near the beginning of Subsection B and added Subsection C.

Meaning of "adjust and approve". — The words "adjust and approve" are not dictatorial but mean that the new board shall have the power to "adjust and approve" the budget within reason and only insofar as the direct appropriation from the legislature is concerned and not upon any moneys derived from lands placed in trust of the board of regents for the school for the deaf. 1951 Op. Att'y Gen. No. 51-5468.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity, under state constitution and laws, of issuance by state or state agency of revenue bonds to finance or refinance construction projects at private, religious-affiliated colleges or universities, 95 A.L.R.3d 1000.