SB 239 — LOTTERY & OPPORTUNITY SCHOLARSHIP CHANGES

] K.

and [M.L.

]"tuition L.scholarship" means the scholarship SB 239 Page 3 that provides tuition assistance per program semester for a qualified student attending a public post-secondary educational institution or tribal college." SECTION 2.

"tuition scholarship" means the scholarship that provides tuition assistance per program semester for a qualified student [or legacy student ] attending a public post- secondary educational institution or tribal college." SECTION 2.

To the extent that funds are made available by h the legislature from the fund, the boards of regents or g o t hr governing bodies of public post-secondary educational g e i k institutions and tribal colleges shall award tuition h r i s scholarships in department-approved amounts to qualified h , t, students [and legacy students ] attending their respective e u g e b l e e h public post-secondary educational institutions.

n d d i = = o h B.

[BeginningA qualified student is eligible to receive the tuition scholarship for a maximum of seven fall and spring program semesters and a maximum of three summer semesters, or no more than three and one-half years for a bachelor's degree, in fiscalan yearamount 2015:determined pursuant to the provisions of Section 21-21N-4 NMSA 1978.

l ] b ,d i a º e (1) a legacy student is eligible to receive a r i = r t e w d m a n o tuition scholarship until the total number of program semesters d m :

b e d s º o t n = .226574.7AIC February 12, 2024 (6:08pm) s k m e - 5 - e a n e d r e l u [ A d for which the legislative lottery scholarship is received pursuant to the former provisions of Sections 21-1-4.3, 21-13-10 and 21-16-10.1 NMSA 1978 or the Legislative Lottery Tuition Scholarship Act reaches eight;

provided that the legacy student maintains residency in New Mexico, maintains a grade point average of 2.5 or higher on a 4.0 scale and completes twelve or more credit hours per program semester;

and (2)] A qualified student [who is not a legacy student] is eligible to receive the tuition scholarship for a maximum of seven fall and spring program semesters and a maximum of three summer semesters, or no more than three and one-half years for a bachelor's degree, in an amount determined pursuant to the provisions of Section 21-21N-4 NMSA 1978.

SB 239 Page 4 (1) maintains residency in New Mexico;

h (2) maintains a grade point average of 2.5 or u » r higher on a 4.0 scale;

and t h g e l i (3) completes:

h r i s (a) for a student attending a four-year h , e h public post-secondary educational institution or a tribal t u g e b l e e , gh college, HECºthirty fifteen or more credit hourshours, perwhich fallmay andbe springapportioned namong dfall dthrough isummer =semesters, =with o h program semester, and no fewer than threetwelve andcredit nohours morein thanthe ninefall land ]spring bsemesters ,dand ibetween athree ºand rnine credit hours for summer semesters;

provided»HEC HECºthirty e r = t e w d m a n o credit hours, which may be apportioned among fall through d m :

b r e t º o t n = .226574.7AIC February 12, 2024 (6:08pm) s k m e - 6 - e a n e d r e l u [ A d summer semesters, with no fewer than twelve credit hours in the fall and spring semesters and between three and nine credit hours for summer semesters;

and provided further»HECfurther that a student is not required to attend summer semesters to maintain eligibility;

and (b) for a student attending a two-year public post-secondary educational institution, HECºtwenty-four twelvecredit orhours, morewhich creditmay hoursbe perapportioned among fall andthrough springsummer programsemesters, semester,with and no fewer than threenine credit hours in the fall and nospring moresemesters thanand between three and nine credit hours for summer semesters;

provided»HECprovided HECºtwenty-fourthat creditthe hours,department which may beprovide apportionedby amongrule fallfor throughexceptions summerto semesters, with no fewer than nine credit hours in the fallnumber andof springsummer semesterssemester and between three and nine credit hourshours; for summer semesters;

hand provided further that thea departmentstudent mayis providenot byrequired ruleto forattend exceptionssummer usemesters » r t h to themaintain numberSB of239 summerPage semester5 crediteligibility; hours;

and provided gfurther e l i further»HEC that acredit-hour studentlimits isdo not requiredapply to attendthe summerlast hsemester rbefore igraduation. s semesters to maintain eligibility;

andD. provided further that h , e h t u g credit-hour limits do not apply to the last semester before e b l e e , gh graduation.

nFor dstudents dwith idisabilities =who =may orequire haccommodations, D.the department, in consultation with the student and the office at the public post-secondary educational institution or the tribal college that serves students with disabilities, shall review both the definition of "full time" and the maximum number of consecutive program semesters of eligibility and adjust either or both as deemed reasonable and appropriate, based on the student's disability needs.

For students with disabilities who may require l ] b ,d i a º r e r = accommodations, the department, in consultation with the t e w d m a n o student and the office at the public post-secondary educational d m :

b r e t º o t n = .226574.7AIC February 12, 2024 (6:08pm) s k m e - 7 - e a n e d r e l u [ A d institution or the tribal college that serves students with disabilities, shall review both the definition of "full time" and the maximum number of consecutive program semesters of eligibility and adjust either or both as deemed reasonable and appropriate, based on the student's disability needs.

The definition of "qualified student" notwithstanding, a New Mexico resident who had to leave the state to receive an education pursuant to the federal Individuals with Disabilities Education Act shall be eligible for a tuition scholarship if the student graduated from an accredited high school in another state and otherwise meets the qualifications for a tuition scholarship pursuant to the h definition of "qualified student" and this section." u » r SECTION 3.

Section 21-21R-2 NMSA 1978 (being Laws 2022, t h g e l i Chapter 42, Section 2) is amended to read:

hSB r239 iPage s6 "21-21R-2.

DEFINITIONS.--As used in the Opportunity h , e h Scholarship Act:

t u g e b l e e , gh A.

"community college" means a branch community n d d i = = o h college of a four-year state educational institution, a two-two-year l ] b ,d i a º r year state educational institution or a community college or e r = t e w d m a n o technical and vocational institute established pursuant to dChapter m21, :Article 13 or 16 NMSA 1978;

b r e t º o t n = .226574.7AIC February 12, 2024 (6:08pm) s k m e - 8 - e a n e d r e l u [ A d Chapter 21, Article 13 or 16 NMSA 1978;

"eligible student" means a New Mexico resident who is enrolled [or enrolling in at least six credit hours, excluding the summer semester] in a public post-secondary educational institution or tribal college at any time following high school graduation or the award of a high school equivalency credential HECº in New Mexico»HEC and who meets other conditions for eligibility;

"scholarship" means [an ] the opportunity scholarship;

"state educational institution" means an h institution of higher education enumerated in Article 12, g o t hr Section 11 of the constitution of New Mexico;

and g e i k G.

"tribal college" means a tribally, federally or h r i s congressionally chartered post-secondary educational h , t, institution located in New Mexico that is accredited by the eSB u239 gPage e7 b l e e h higher learning commission." n d d i = = o h SECTION 4.

Section 21-21R-3 NMSA 1978 (being Laws 2022, l ] b ,d i a º e Chapter 42, Section 3) is amended to read:

r i = r t e w d m a n o "21-21R-3.

CONDITIONS FOR ELIGIBILITY.-- dA. m :

b e d s º o t n = .226574.7AIC February 12, 2024 (6:08pm) s k m e - 9 - e a n e d r e l u [ A d A.

(2) is enrolled in [a minimum of ] at least six credit hours per semester and no more than eighteen credit hours per fall or spring semester;

[(3)] (4) maintains a cumulative grade point average of 2.5 on a 4.0 scale;

and [(4)] (5) has complied with other rules h promulgated by the department to carry out the provisions of g o t hr the Opportunity Scholarship Act.

g e i k B.

A scholarship may be awarded for the summer h r i s semester;

provided that the student enrolls in [no less than ] h , t, at least three and no more than nine credit hours;

and provided e u g e b l e e h further that the summer semester is not required to maintain n d d i = = o h eligibility;

SB 239 Page 8 and provided further that credit-hour limits do l ] b ,d i a º e not apply to a student in the last semester before graduation.

r i = r t e w d m a n o C.

A scholarship may be awarded for one credit-credit-bearing dcertificate mor :certificates, only one associate degree and only one bachelor's degree per student.

b e d s º o t n = .226574.7AIC February 12, 2024 (6:08pm) s k m e - 10 - e a n e d r e l u [ A d bearing certificate or certificates, only one associate degree and only one bachelor's degree per student.

h "21-21R-4.

SCHOLARSHIP AUTHORIZED--ADMINISTRATION.-- g o t hr A.

The department shall administer the Opportunity g e i k Scholarship Act and shall promulgate rules to carry out the h r i s provisions of that act.

h , t, B.

Scholarships shall be awarded to qualified e u g e b l e e h eligible students in an amount not to exceed one hundred nSB d239 dPage i9 = = o h percent of tuition and fees after all other state financial aid l ] b ,d i a º e has been applied.

Qualifications shall be determined by rule r i = r t e w d m a n o of the department.

dC. m :

b e d s º o t n = .226574.7AIC February 12, 2024 (6:08pm) s k m e - 11 - e a n e d r e l u [ A d C.

h (1) distribute to all public post-secondary u » r educational institutions and tribal colleges an amount not to t h g e l i exceed the remaining balance in the opportunity scholarship h r i s fund;

and h , e h (2) subject to the provisions of Paragraph (1) t u g e b l e e , gh of this subsection, distribute to each public post-secondarySB n239 dPage d10 ipost-secondary = = o h educational institution and tribal college an amount based on l ] b ,d i a º r the projected enrollment at each public post-secondary e r = t e w d m a n o educational institution and tribal college.

dE. m :

bPrior rto eJune t1 ºof oeach tyear nthrough =fiscal .226574.7AICyear February2028, 12,the 2024department (6:08pm)shall sdetermine kthe mmaximum edistribution -to 12each -public epost-secondary aeducational ninstitution eand dtribal rcollege ebased lon uthe [annual Aincrease din E.the higher education price index for the mountain region." SECTION 6.

Prior to June 1 of each year HECºthrough fiscal year 2028»HEC, the department shall determine the maximum distribution to each public post-secondary educational institution and tribal college based on the annual increase in the higher education price index for the mountain region." SECTION 6.

A scholarship may be renewed [provided that ] if the eligible student continues to meet the conditions of eligibility.

Scholarships may be provided to an eligible h student for up to ninety credit hours for the completion of g o t hr [an] one associate degree;

provided that dual credit courses g e i k that an eligible student previously completed shall not count h r i s toward the credit-hour cap.

h , t, e u g D.

Scholarships may be provided to an eligible e b l e e h student for up to one hundred sixty credit hours for the nSB d239 dPage i11 = = o h completion of [a ] one bachelor's degree;

provided that dual l ] b ,d i a º e credit courses that an eligible student previously completed rshall inot =count rtoward tthe ecredit-hour wcap." dSB m239 aPage n12 o5 shall7 not9 count25 toward the credit-hour cap.

d m :

b e d s º o t n = .226574.7AIC February 12, 2024 (6:08pm) s k m e - 13 - e a n e d r e l u [ A d [E.

Scholarships may be provided to an eligible student until the eligible student graduates from a four-year public post-secondary educational institution or tribal college.]" - 14 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .226574.7AIC February 12, 2024 (6:08pm) s k em e e a n e d r e l u [ A d