A. The higher education department shall recommend an appropriation for each technical and vocational institute based upon its financial requirements in relation to its authorized program and its available funds from non-general fund sources; provided, the recommended appropriation shall be an amount not less than three hundred twenty-five dollars ($325) for each full-time-equivalent student.

B. The higher education department shall by rule provide for the method for calculating the number of full-time-equivalent students in technical and vocational institutes. No student shall be included in any calculation of the number of full-time-equivalent students 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 technical and vocational institute 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 approved by the electors 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 technical and vocational institute 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 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The gratis scholarships are in addition to the lottery tuition scholarships authorized in Section 21-16-10.1 NMSA 1978 [repealed] and shall be granted to the full extent of available funds before lottery tuition scholarships are granted.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 the technical and vocational institute and shall not be established and granted for summer sessions. The president of the technical and vocational institute shall select and recommend to the board as recipients of scholarships students who possess good moral character and satisfactory initiative, scholastic standing and personality. Beginning with the fall semester of 2010, a minimum of one-half of the gratis scholarships established and granted by the board each year shall be granted on the basis of financial need, and beginning with the fall semester of 2011, a minimum of two-thirds of the gratis scholarships established and granted by each board of regents each year shall be granted on the basis of financial need.

History: 1953 Comp., § 73-34-7.3, enacted by Laws 1968, ch. 59, § 3; 1974, ch. 51, § 2; 1977, ch. 246, § 50; 1988, ch. 64, § 4; 1988, ch. 65, § 1; 1995, ch. 224, § 24; 1999, ch. 219, § 15; 2003, ch. 390, § 3; 2007, ch. 227, § 5; 2009, ch. 47, § 4.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section 21-16-10.1 NMSA 1978 was repealed by Laws 2014, ch. 80, § 10, effective March 12, 2014. For provisions of former section, see the 2013 NMSA 1978 on NMOneSource.com.

The 2009 amendment, effective June 19, 2009, in Subsection D, at the beginning of the last sentence, deleted "At least thirty-three and one-third percent" and added "Beginning with the fall semester of 2010, a minimum of one-half"; and at the end of the last sentence, added the language following "financial need".

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

The 2003 amendment, effective June 20, 2003, in Subsection D, deleted "Except as provided in Section 21-16-10.1 NMSA 1978" from the beginning of the former second sentence, inserted the present second sentence, and inserted "pursuant to this subsection" following "established and granted" in the third sentence.

The 1999 amendment, effective July 1, 1999, in Subsection B substituted "rule" for "regulation" in the first sentence and added the last sentence; and added Subsection D.

The 1995 amendment, effective June 16, 1995, deleted "or if he is counted in the average daily membership of a public school district for the same period" at the end of Subsection B; added Subsection C; and made minor stylistic changes.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 68 Am. Jur. 2d Schools §§ 92 to 100.

Extent of legislative power with respect to attendance and curriculum, 39 A.L.R. 477, 53 A.L.R. 832.

79 C.J.S. Schools and School Districts §§ 339 to 343.