A. For those students in community colleges taking college-level courses, full-time-equivalent students shall be defined and computed by the higher education department in the same manner in which it defines and computes full-time-equivalent students for all other college-level programs within its jurisdiction.

B. No student shall be included in any calculations made under the provisions of this section if the student is enrolled in a course the cost of which is totally reimbursed from federal, state or private sources.

C. The higher education department shall not recommend an appropriation greater than three hundred twenty-five dollars ($325) for each full-time-equivalent student for any community college that levies a tax at a rate less than two dollars ($2.00), unless a lower amount is required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978 upon a rate of at least two dollars ($2.00) on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code [Chapter 7, Articles 35 to 38 NMSA 1978], or any community college that reduces a previously authorized tax levy, except as required by the operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978.

D. The higher education department shall require from the community college such reports as the department deems necessary for the purpose of determining the number of full-time-equivalent students at the community college eligible to receive support under this section.

E. A community college board shall establish tuition and fee rates for its respective institutions for full-time, part-time, resident and nonresident students, as defined by the higher education department.

F. A community college board may establish and grant gratis scholarships to students who are residents of New Mexico in an amount not to exceed the matriculation fee or tuition and fees, or both. The gratis scholarships are in addition to the lottery tuition scholarships authorized in Section 21-13-10 NMSA 1978 and shall be granted to the full extent of available funds before lottery tuition scholarships are granted. The number of scholarships established and granted pursuant to this subsection shall not exceed three percent of the preceding fall semester enrollment in each institution and shall not be established and granted for summer sessions. The president of each institution shall select and recommend to the community college board of the president's institution, as recipients of scholarships, students who possess good moral character and satisfactory initiative, scholastic standing and personality. All of the gratis scholarships established and granted by each community college board each year shall be granted on the basis of financial need.

History: 1953 Comp., § 73-33-14.2, enacted by Laws 1968, ch. 70, § 2; 1974, ch. 20, § 1; 1980, ch. 53, § 12; 1985, ch. 238, § 19; 1986, ch. 32, § 10; 1988, ch. 98, § 1; 1990, ch. 25, § 1; 1999, ch. 219, § 4; 2003, ch. 390, § 2; 2007, ch. 227, § 2; 2009, ch. 47, § 2; 2014, ch. 12, § 2.

The 2014 amendment, effective July 1, 2014, provided for dual credit parity for home school and private school students; and deleted Subsection G which provided that a student in a home school or a private school could apply for dual credit courses if the student paid the full cost of the dual credit courses.

The 2009 amendment, effective June 19, 2009, in Subsection F, at the beginning of the last sentence, deleted "At least thirty-three and one-third percent" and added "All".

The 2007 amendment, effective June 15, 2007, eliminated the provision that the public school district transfer to the community college the tuition and fees for a student who is counted in the membership of the district and who receives credit for coursework at the college and adds Subsection G.

The 2003 amendment, effective June 20, 2003, in Subsection F, deleted "Except as provided for lottery scholarships" following "fees, or both", inserted the second sentence, and inserted "pursuant to this subsection" following "established and granted".

The 1999 amendment, effective July 1, 1999, deleted former Subsections A and B and the first sentence in Subsection C, relating to the definition of a "full-time-equivalent student", formulas to be used for the computation of the number of full-time-equivalent students and the calculation of the community college payment; designated the second sentence of former Subsection C as Subsection A; deleted former Subsection E, relating to a distribution of $650 to each community college for each full-time-equivalent student; redesignated subsequent subsections accordingly; deleted "approved by the electors pursuant to Section 21-13-17 NMSA 1978" following "upon a rate" near the middle of Subsection C; substituted "commission deems" for "board may deem" in Subsection D; deleted former Subsection H, relating to establishment of tuition and fee rates by the community college board; and added Subsections E and F.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Colleges and Universities §§ 19, 20, 21.

14A C.J.S. Colleges and Universities §§ 4, 31.