As used in the Post-Secondary Educational Institution Act:
A. "career school" means a private post-secondary educational institution offering a formal educational curriculum in New Mexico for a fee to members of the general public beyond compulsory school age, terminating in a certificate, diploma, associate degree or comparable confirmation of completion of the curriculum;
B. "college" or "university" means a private post-secondary educational institution offering a formal educational curriculum in New Mexico for a fee to members of the general public beyond compulsory school age, terminating in a baccalaureate, master's or doctoral degree or comparable confirmation of completion of the curriculum;
C. "department" means the higher education department;
D. "enrollment agreement" means an agreement, instrument or note executed before a person begins coursework that creates a binding obligation between the person and the post-secondary educational institution;
E. "license" means a written acknowledgment by the department that a career school or nonregionally accredited college or university has met the requirements of the department for offering a formal educational curriculum within New Mexico;
F. "post-secondary educational institution" includes an academic, vocational, technical, business, professional or other school, college or university or other organization or person offering or purporting to offer courses, instruction, training or education from a physical site in New Mexico, through distance education, correspondence or in person;
G. "private post-secondary educational institution" means a nonpublicly funded post-secondary educational institution that offers post-secondary education for a fee to members of the general public;
H. "prospective student" means a person who demonstrates interest in signing an enrollment agreement with a post-secondary educational institution; and
I. "registration" means a written acknowledgment by the department that a regionally accredited college or university has filed pertinent curriculum and enrollment information, as required by the department, and is authorized to operate a private post-secondary educational institution.
History: 1953 Comp., § 73-40-3, enacted by Laws 1971, ch. 303, § 3; 1975, ch. 148, § 3; 1994, ch. 108, § 4; 2005, ch. 223, § 1; 2013, ch. 59, § 2; 2020, ch. 55, § 1.
The 2020 amendment, effective January 1, 2021, defined "enrollment agreement", "private post-secondary educational institution" and "prospective student" as used in the Post-Secondary Educational Institution Act; added a new Subsection D and redesignated former Subsections D and E as Subsections E and F, respectively; and added new Subsections G and H and redesignated former Subsection F as Subsection I.
The 2013 amendment, effective June 14, 2013, changed terms to assign administration of the Post-Secondary Educational Institution Act to the higher education department; deleted former Subsection A, which defined "commission"; added Subsection C; in Subsections D and F, deleted "commission" and added "department"; in Subsection F, after "acknowledgment by the" deleted "commission" and added "department" and after "as required by the", deleted "commission" and added "department, and is authorized to operate a private post-secondary educational institution".
The 2005 amendment, effective June 17, 2005, defined "license" in Subsection D to include a written acknowledgment that a non-regionally accredited college or university has met the requirement of the commission; defined "post-secondary educational institution" in Subsection E to mean an institution that offers courses, instruction, training or education, which may include distance education, from a physical site in New Mexico; and defined "registration" in Subsection F to mean an acknowledgment that a regionally accredited college or university has filed the information required by the commission.
The 1994 amendment, effective July 1, 1994, rewrote the section to the extent that a detailed comparison is impracticable.
Structure 2021 New Mexico Statutes
Chapter 21 - State and Private Education Institutions
Article 23 - Post-Secondary Educational Institution Act
Section 21-23-1 - Short title.
Section 21-23-2 - Purpose of act.
Section 21-23-3 - Definitions.
Section 21-23-5 - Duties of the department.
Section 21-23-6 - Registration of colleges and universities; submission of materials.
Section 21-23-6.1 - Licensure of career schools; licensure of certain colleges and universities.
Section 21-23-6.2 - Licensure standards; requirements; fee authorization.
Section 21-23-6.3 - Fee authorization.
Section 21-23-7 - Claims; limitations; appeals.
Section 21-23-7.1 - Surety bond required; alternative surety.
Section 21-23-8 - Fund created.
Section 21-23-10 - Disciplinary actions; civil penalties.
Section 21-23-10.1 - Enforcement.
Section 21-23-11 - Existing post-secondary educational institutions.
Section 21-23-12 - Cooperation.
Section 21-23-14 - Prohibition.
Section 21-23-15 - Post-secondary educational institutions; termination.