A. The state educational institutions set forth in Article 12, Section 11 of the constitution of New Mexico and their branches, community colleges as provided in Chapter 21, Article 13 NMSA 1978 and technical and vocational institutes as provided in Chapter 21, Article 16 NMSA 1978 shall not charge tuition or fees pursuant to Section 21-1-4 NMSA 1978 to a student for whom the children, youth and families department provides certification that the student was in the legal custody of the children, youth and families department pursuant to the Children's Code [Chapter 32A NMSA 1978] or for whom a New Mexico Indian nation, tribe or pueblo or the United States department of the interior bureau of Indian affairs division of human services provides certification that the student was in the legal custody of a New Mexico Indian nation, tribe or pueblo or the United States department of the interior bureau of Indian affairs division of human services on or after the day of the student's fourteenth birthday, who enrolls in one of the state educational institutions set forth in Article 12, Section 11 of the constitution of New Mexico and their branches, community colleges as provided in Chapter 21, Article 13 NMSA 1978 and technical and vocational institutes as provided in Chapter 21, Article 16 NMSA 1978 no later than the day of the student's twenty-fifth birthday.
B. The higher education department shall collaborate with the children, youth and families department, the New Mexico Indian nations, tribes or pueblos and the United States department of the interior bureau of Indian affairs division of human services to ensure that middle school and high school students who are or have been in the legal custody of the children, youth and families department, a New Mexico Indian nation, tribe or pueblo or the United States department of the interior bureau of Indian affairs division of human services learn about the provisions of this section.
History: Laws 2014, ch. 62, § 1; 2019, ch. 163, § 1.
The 2019 amendment, effective June 14, 2019, provided foster children greater access to tuition and fee waivers at state educational institutions; in Subsection A, deleted paragraph designation "(1)", deleted former Subparagraph A(1)(a) and subparagraph designation "(b)", after "fourteenth birthday", deleted "and the student's parents' rights were relinquished or terminated at that time", and deleted former Subparagraph A(1)(c) and paragraph designation "(2)".
Structure 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.