A. The higher education department shall submit an annual accountability report to the governor and to the legislature by December 31. Prior to publication, the department shall distribute a draft of the accountability report to all public post-secondary educational institutions and shall allow comment upon the draft report.

B. The department in consultation with each public post-secondary educational institution shall develop and adopt the content and a format for the report, including the following information:

(1) student progress and success disaggregated by gender and by ethnicity and race as follows:

(a) Caucasian, non-Hispanic;

(b) Hispanic;

(c) African American;

(d) American Indian or Alaska Native;

(e) Native Hawaiian or other Pacific Islander;

(f) Asian;

(g) two or more races; and

(h) other; provided that if the sample of students in any category enumerated in Subparagraphs (a) through (g) of this paragraph is so small that a student in the sample may be personally identifiable in violation of the federal Family Educational Rights and Privacy Act, the report may combine that sample into the "other" category;

(2) student access and diversity;

(3) affordability and cost of educational services;

(4) public and community service by the institution; and

(5) faculty, compensation and benefits practices, including:

(a) number and percentage of part-time and full-time faculty;

(b) per-credit-hour pay rate for full-time instructors or lecturers and per-credit-hour pay rate for part-time faculty;

(c) percent salary increase for full-time faculty and percent salary increase for part-time faculty; and

(d) description of the institution's policy for offering benefits to full-time faculty and to part-time faculty.

C. The department shall make no funding recommendation, capital outlay recommendation, distribution or certification on behalf of any public post-secondary educational institution that has not submitted the information required pursuant to this section.

History: 1978 Comp., § 21-1-26.6, enacted by Laws 1990 (1st S.S.), ch. 4, § 2; 1999, ch. 173, § 2; 2005, ch. 289, § 19; 2007, ch. 150, § 1; 2013, ch. 196, § 1.

Compiler's notes. — Laws 1990 (1st S.S.), ch. 4, § 2 enacted this section as 21-1-26.6 NMSA 1978, but the section has been redesignated by the compiler.

Cross references. — For the federal Family Educational Rights and Privacy Act of 1974, see 20 U.S.C. § 1232g.

The 2013 amendment, effective June 14, 2013, provided for post-secondary educational institution accountability reports, including student achievement disaggregated by certain factors; in Paragraph (1) of Subsection B, in the introductory sentence, after "success", added the remainder of the sentence; and added Subparagraphs (a) through (h) of Paragraph (1) of Subsection B.

The 2007 amendment, effective June 15, 2007, added Subparagraphs (a) through (d) of Paragraph (5) of Subsection B.

The 2005 amendment, effective April 7, 2005, changed "commission on higher education" to "higher education department".

The 1999 amendment, effective June 18, 1999, substituted "accountability report" for "report card" in the section heading and throughout the section; in Subsection A, added "by December 31" at the end of the first sentence and deleted the former second sentence providing that the annual report card be published by November 15; in Subsection B, in the first sentence, inserted "in consultation with the public post-secondary educational institution" and inserted "the content and", deleted part of the former second sentence, relating to information to be submitted by each four-year post-secondary institution, and substituted Paragraphs (1) through (4) for former Paragraphs (1) through (9), relating to specific information to be submitted by each four-year post-secondary institution; deleted former Subsection C, relating to information to be submitted by two-year post-secondary institutions, and redesignated the subsequent subsection accordingly.

Temporary provisions. — Laws 2007, ch. 150, § 2 provided that the higher education department shall work with the public post-secondary educational institutions to establish a pay schedule for part-time faculty to be subject to legislative appropriation.