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.
Structure 2021 New Mexico Statutes
Chapter 21 - State and Private Education Institutions
Article 1 - General Provisions Relating to State Educational Institutions
Section 21-1-1 - State institutions; admission requirements to be established by boards of regents.
Section 21-1-1.2 - Dual credit for high school and post-secondary classes.
Section 21-1-2 - Matriculation and tuition fees.
Section 21-1-2.1 - Scholarship program established.
Section 21-1-3 - State educational institutions; resident students.
Section 21-1-4 - Tuition and general fee charges; definitions.
Section 21-1-4.1 - Tuition payments; residents conscripted into military service.
Section 21-1-4.7 - Foster child tuition and fee waiver eligibility; notification.
Section 21-1-7 - Removal of faculty members; compensation of secretary and treasurer restricted.
Section 21-1-7.1 - Post-tenure review process required.
Section 21-1-7.2 - Reporting; commission on higher education [higher education department].
Section 21-1-7.3 - Temporary provisions; tenure study.
Section 21-1-8 - [Eligibility for retirement pension.]
Section 21-1-9 - [Expenses of members of boards of regents.]
Section 21-1-10 - Delegation of authority.
Section 21-1-11 - [Allocation of funds.]
Section 21-1-12 - [Annual reports; contents.]
Section 21-1-14 - [Quarterly and special meetings of boards.]
Section 21-1-15 - [One member of board to reside in adjacent municipality.]
Section 21-1-16 - [Public inspection of board records.]
Section 21-1-16.1 - State institutions of higher education; presidential searches.
Section 21-1-17 - Interest in contracts by board members or employees prohibited.
Section 21-1-18 - [No personal liability for official actions.]
Section 21-1-19 - [Oaths of board members; filing.]
Section 21-1-20 - Power to hold property.
Section 21-1-21 - Capital expenditures.
Section 21-1-21.1 - State educational institutions; adequate parking.
Section 21-1-22 - [Nonsectarian operation required.]
Section 21-1-24 - Graduate programs.
Section 21-1-26 - Higher education department; general powers.
Section 21-1-26.1 - Additional duties.
Section 21-1-26.2 - Post-secondary education; adult correctional facilities.
Section 21-1-26.3 - Verification function.
Section 21-1-26.7 - Annual accountability report.
Section 21-1-26.9 - Limitation; higher education department; review of proposed campuses.
Section 21-1-26.11 - Higher education department; additional duties.
Section 21-1-26.12 - Educational needs and guidelines; accountability reports.
Section 21-1-27 - Higher education department; distribution of available funds.
Section 21-1-27.1 - Higher education endowment fund created.
Section 21-1-27.2 - Technology enhancement fund created; allocations; application review panels.
Section 21-1-27.3 - Higher education performance fund; created; administration; distributions.
Section 21-1-27.4 - Higher education program development enhancement fund; purpose.
Section 21-1-27.5 - Adult basic education fund created.
Section 21-1-27.7 - Fund created.
Section 21-1-27.8 - Adult basic education; instructional materials.
Section 21-1-27.10 - Fund created; tribal college dual credit program fund; administration.
Section 21-1-27.11 - Centers of excellence.
Section 21-1-32 - Purpose of act.
Section 21-1-33 - System of accounting and reporting; manual.
Section 21-1-34 - Educational television equipment replacement fund; disbursement.
Section 21-1-36 - New Mexico cooperative education program; purpose.
Section 21-1-37 - New Mexico cooperative education program created; administration; duties.
Section 21-1-39 - Legislative findings.
Section 21-1-40 - Prepaid higher education tuition program; feasibility study; guidelines.
Section 21-1-41 - Military access to a post-secondary educational institution.
Section 21-1-42 - Public post-secondary educational institutions; student identification number.
Section 21-1-44 - School leadership institute; created; purpose.
Section 21-1-46 - Request for access to social networking account prohibited.
Section 21-1-47 - Statewide advanced placement policy.
Section 21-1-48 - Regional two plus two pilot project; eligibility; evaluation and reporting.