Current through Register Vol. 35, No. 18, September 24, 2024
The institution must provide complete and accurate
information to the department. The department may request additional supporting
documentation. Upon request of the department, the applicant must supply any
missing or requested information to the department. An applicant must respond
to the department within deadlines set by the department. The department
application will require institutions to supply information described in
Subsections A through W of
5.100.7.10 NMAC:
A. Evaluation plan: The plan shall include
measures of institutional success. The institution shall provide a plan for
evaluation of the following:
(1) the
satisfaction of its graduates and shall make available to the department all
reports of these satisfaction assessments prepared during the past five
years;
(2) a written plan for
keeping courses current;
(3) a
written plan for faculty improvement in terms of content knowledge and relevant
instructional techniques and the use of new and applicable technologies to
support instruction; and
(4) if the
institution is subject to the Student-Right-to-Know Act, it shall provide the
department with copies of all reports submitted to the federal
agency.
B. Tuition
policy: Tuition and fee charges shall be the same for all students admitted to
a given program for a given term of instruction. An institution may not
discount its tuition and fees charged to individual students as an incentive
for quick enrollment or early payment. An institution may negotiate special
rates with business, industrial, governmental, or similar groups for group
training programs and may establish special rates for students who transfer
between programs. An institution may charge a reasonable carrying fee
associated with deferred payments or payment plans. All tuition and fees must
be comprehensively listed in the institution's catalog as required in
Subsection G of
5.100.7.10 NMAC.
C. Tuition refund policy: An institution
licensed by the department shall adhere to the following tuition refund policy:
(1) An institution accredited by agencies
recognized by the United States department of education shall adhere to the
tuition refund schedule established by the institution's accrediting body or
the United States department of education. If an institution is required to
adopt such refund schedule, it is required to provide proof of adoption and a
copy of the refund schedule policy from either the accreditor or the United
States department of education.
(2)
If an institution is not required to adopt a refund schedule policy by an
accreditor or the United States department of education, the following refund
schedule policy set out by the department shall be adopted:
Date of student withdrawal as a % of the enrollment
period for which the student was obligated
|
Portion of tuition and fees obligated and paid that
are eligible to be retained by the institution
|
On 1st class day
|
0%
|
After 1st day; within 10%
|
10%
|
After 10%; within 25%
|
50%
|
After 25%; within 50%
|
75%
|
50% or thereafter
|
100%
|
(3)
Any student signing an enrollment agreement or making an initial deposit or
payment toward tuition and fees of the institution shall be entitled to a
cooling off period as defined in
5.100.7.7 NMAC. During the cooling
off period the agreement can be withdrawn and all payments shall be refunded.
Evidence of personal appearance at the institution or deposit of a written
statement of withdrawal for delivery by mail or other means shall be deemed as
meeting the terms of the cooling off period.
(4) Following the cooling off period, but
prior to the beginning of instruction, a student may withdraw from enrollment,
effective upon personal appearance at the institution or deposit of a written
statement of withdrawal for delivery by mail or other means, and the
institution shall be entitled to retain no more than $100 or five percent in
tuition or fees, whichever is less, as the institution's registration
charges.
(5) In the case of
students enrolling for non-traditional instruction, a student may withdraw from
enrollment following the cooling off period, prior to submission by the student
of any lesson materials and effective upon deposit of a written statement of
withdrawal for delivery by mail or other means, and the institution shall be
entitled to retain no more than $100 or five percent in tuition or fees,
whichever is less, as the institution's registration charges or an alternative
amount that the institution can demonstrate to have been expended in
preparation for that particular student's enrollment.
(6) Upon request by a student or by the
department, the institution shall provide an accounting for such amounts
retained under this standard within five work days.
D. Record maintenance and retention policy:
Each private career school or non-regionally accredited college or university
licensed by the department shall provide a records maintenance and retention
plan.
(1) The plan shall consist of a records
maintenance and disposal schedule that is in compliance with the functional
records retention and disposition schedule in 1.21.2 NMAC, the records
retention schedule set by the department, regulations of any other authorizing
agency, or laws, regulations, and rules of any other authorizing jurisdiction
or territory, whichever is longest in time. If another authorizing agency of
the institution requires a longer period of retention than that of 1.21.2 NMAC,
the longest retention period shall prevail.
(2) Each institution shall submit a
certification of compliance with all applicable laws, rules and regulations
that govern records management for closed institutions.
(3) Each institution shall report the
percentage of all student transcripts since inception of the institution that
are not digitalized at the time of application. If there are non-digitalized
transcripts, the institution shall submit a plan to the department which
describes how the institution will digitalize all student transcripts within a
12-month period.
(4) Each
institution shall provide information regarding the custodian of records and
the process for obtaining transcript records through the custodian at the time
of application.
(5) If the
department determines the plan for processing transcripts is not satisfactory,
the institution shall:
(a) hire a professional
digital credential firm to manage its student transcripts; or
(b) submit all of the student transcripts
within a 12-month period to the department in a specified format and agree the
department shall become custodian of record upon receipt of the
transcripts.
(6) If the
department becomes the custodian of record for an institution, it will be at no
cost to the institution.
(7) If the
department becomes the custodian of record for an institution that is in
operation, the institution shall periodically submit updated transcripts to the
department in a specified format. The submission schedule shall be based on end
dates of programs offered by the institution.
(8) The department may contract with a
professional digital credential firm to service the transcripts.
E. Materials and information: The
department shall regulate the use of deceptive and misleading materials and
information. An institution shall not disseminate material or information that
is deceptive, misleading or untrue. The institution shall certify compliance
with all laws and regulations related to materials and information. The
department may request copies of publications, advertisements, agreements,
marketing collateral, or contracts in order to regulate the use of deceptive
and misleading information. All materials and information shall comply with the
following requirements:
(1) Representation of
accreditation and state authorization status:
(a) An institution may not make claims to or
advertise an accreditation status if the accrediting agency is not recognized
by the United States department of education.
(b) An institution not accredited by a United
States department of education recognized accreditor shall clearly state that
the institution is not accredited.
(c) An institution licensed by the department
may not use terms such as "accredited," "endorsed," or "recommended" in
reference to its approval by the department.
(2) Enrollment agreement: Before a student
begins coursework at an institution, the institution shall execute an
enrollment agreement with the student. An enrollment agreement will be binding
only when it has been fully completed, signed, and dated by the student and
authorized institution representative prior to the beginning of instruction.
The institution shall retain the original enrollment agreement and a copy shall
be delivered to the student at the time of execution or by mail when the
enrollment is solicited by mail. A copy of the blank agreement or contract
shall be submitted to the department. Each enrollment contract or agreement
shall include at least the following:
(a)
information that will clearly and completely define the terms of the agreement
between the student and the school;
(b) names and addresses of the school and the
student;
(c) the program or course
title in which the student is enrolling and the applicable catalog date or
version reference;
(d) the program
start date and estimated end date;
(e) the number of hours or units of
instruction;
(f) the school's
cancellation and refund policies;
(g) an itemization of all charges, fees and
required purchases being incurred by the student or their sponsor in order to
complete the training, e.g., tuition, books, supplies and all other items of
expense required by the school;
(h)
the method of payment and payment schedule being established; and
(i) when applicable, a statement detailing
the institution's academic placement policy.
(3) Advertising, marketing, promotional
materials and recruitment: All advertisements and promotional literature must
be truthful regarding the content of an institution's educational program(s),
the duration of the program(s), student attributes and skills needed for
successful completion of the program(s), and costs of the program(s). An
institution shall use no advertisements or promotional materials that are
false, deceptive, inaccurate, or misleading. Materials must comply with all of
the following requirements:
(a) Advertisements
and promotional literature shall not contain promises of job placement or
employment, either explicitly or implicitly, but may refer to an institution's
services to assist students in obtaining employment.
(b) Advertisements shall clearly indicate by
their content and location in media that the institution is offering education
or training and may not either explicitly or implicitly suggest that the
institution is offering employment.
(c) An institution advertising salary ranges
or averages for its graduates must have on file and available to inspection by
students, the department, or their representatives current and accurate data
that includes New Mexico employers and that validates such claims.
(d) An institution shall not advertise the
transferability of its courses or programs to another institution unless it has
signed transfer or articulation agreements with that institution.
(e) An institution shall not include in its
advertising or promotional materials any photograph or other illustration of
facilities unless those facilities serve predominantly as sites of instruction
or related activities provided by the institution, either in New Mexico or in
other states. Photographs or other illustrations must accurately depict the
size and condition of any facilities or equipment illustrated.
(f) No person shall for a fee solicit
enrollment at an institution who is not employed by and under supervision of
the institution. The institution shall be responsible for the representations
of its employees.
(g) Prospective
students shall not be solicited by any representative of an institution on the
sites of any government agency such as motor vehicle division offices,
unemployment offices, or public assistance offices. However, leaflets or other
promotional material may be made available at such sites.
(h) Prospective students shall not be
solicited by any representative of an institution on the site of any public
school, except at the invitation of school personnel. No institution shall
offer or provide financial inducement to any public school in return for
permission to solicit students.
(i)
No institution shall solicit the enrollment of any student who is currently
attending another institution in New Mexico by using any inducement of greater
financial assistance in meeting the costs of education.
(j) On all materials, an institution shall
use the full name in which it is licensed and list any other names in which the
institution holds other government approvals. Permutations of its name, e.g.,
initials, or shortened name or nicknames, cannot be employed without prior
written permission of the department.
(k) On all materials, the name of an
institution shall not be misleading.
F. Name of the institution: The department
reserves the right to deny licensure to an institution proposing to operate
under a name that the department determines to be misleading or so similar to
that of another institution operating within the state that it may result in
substantial confusion. Institution names must comply with each of the following
regulations:
(1) institutions including the
term "college" in their name must offer at least an associate degree and enroll
a substantial portion of their students in such degree programs; and
(2) institutions including the term
"university" in their name must offer graduate degree programs and must enroll
a preponderance of their students in baccalaureate and graduate degree
programs.
G. Information
provided to students: Information shall be provided to students prior to their
signing an enrollment agreement and the institution shall make reasonable
effort to assure and verify that each student understands their academic and
financial obligations prior to enrolling in the institution and maintain
records of the institution's effort for at least five years after the students
enroll at the institution. An institution shall publish and make available to
all students a catalog or other materials that clearly describe:
(1) accurate representation of accreditation
and state authorization status as described in Paragraph 1 of Subsection E of
5.100.7.10 NMAC;
(2) admission policies and procedures that
provide criteria and methods used to assess and admit or deny
admission;
(3) admission methods
and criteria used to assess student ability to complete program
requirement;
(4) programs offered,
the program completion requirements of each program offered, and descriptions
of all courses offered;
(5)
requirements and costs for those occupations that require professional or trade
licensure and for which the institution is offering preparation;
(6) tuition, fees and books and supplies,
including cost for rental or purchase of equipment or materials required of all
students;
(7) room, board and
transportation expenses incurred by a student;
(8) reasonable costs associated with a
program of study abroad approved for credit by a student's home institution, if
applicable;
(9) expenses related to
a student's disability, including special services, personal assistance,
transportation, equipment and supplies;
(10) refund policies, consistent with the
requirements in Subsection C of
5.100.7.10 NMAC;
(11) types of financial aid available to
students and the procedure for applying for such aid;
(12) the institution's policy regarding
program or course cancellations;
(13) rules and regulations pertaining to
academic progress;
(14) rules and
regulations pertaining to student conduct;
(15) the procedure to be followed in the
instance that a student decides to withdraw from the institution prior to
completing a program;
(16) the
institution's policy regarding student complaints and the resources available
to students for resolving differences with the institution. The institution
must adopt the student complaint process established by the department and
published by the department; and
(17) the institution's policy regarding
release of transcripts.
H. Financial aid: Prior to a student signing
a financial aid agreement, each student must be informed in writing regarding
his or her obligations associated with receipt of financial aid and the
institution must take reasonable steps to assure that the student understands
that obligation. The institution shall provide financial aid resources to
students.
I. Proof of teach-out
agreement: Each institution shall submit a teach-out plan or agreement.
(1) An institution must submit proof of a
teach-out agreement with at least one other private or public institution
operating in the state or provide a teach-out plan that allows students to
complete their program of study at the institution within a timeframe accepted
by the department. Proof of such teach-out agreement(s) with another
institution must be submitted to the department. The teach-out plan or
agreement must address the ability of students to complete programs within a
reasonable proximity to the physical location of the institution and shall be
arranged at no additional cost to the students beyond that originally agreed to
by the students.
(2) The department
may determine that a teach-out plan or agreement is not feasible after
consideration of evidence submitted to the department. The department may find
that teach-out arrangements are not feasible for students in one or more
programs offered by the institution, in which case the institution shall plan
to refund all tuition and fees paid by the students in question for the current
period of enrollment and shall plan to provide appropriate transcripts and
evaluations to assist students in transferring their work to another
institution.
(3) A teach-out plan
or agreement shall be evaluated and updated by the institution annually upon
submitting a license renewal application. If an institution closes or has a
substantial change in location, the institution is subject to 5.100.8 NMAC. If
the teach-out plan or agreement presented to the department during application
for licensure becomes impossible or is no longer feasible due to institutional
changes, the plan must be updated and submitted to the department within 90
days of the change.
J.
Adoption of degree standards: Institutions accredited by a recognized United
States department of education accreditor shall adopt degree standards governed
by their accrediting body. Any non-accredited degree granting institution shall
adopt the following degree standards for each credential as listed below:
(1) Associate degree program:
(a) associate degree programs must include
both technical or vocational and general education instruction. Associate
degree programs shall consist of 60 credit hours of study or the
equivalent;
(b) associate of
applied science degrees, associate of occupational studies degrees or
comparable appellations must be based upon the institution's certification that
the recipient is prepared for immediate employment in a specified career field
and must be comprised primarily of technical or vocational study; and
(c) associate of arts or associate of science
degrees must be based upon the institution's certification that the recipient
is prepared both for immediate employment in a specified career field and
transfer to another institution for more advanced study; associate of arts and
associate of science degree programs will normally consist of approximately
equal numbers of technical or vocational and general education
courses.
(2)
Baccalaureate degree programs:
(a)
baccalaureate degree programs must be comparable in quality to those offered by
institutions operating in New Mexico that are accredited by agencies recognized
by the United States department of education as authorities regarding the
quality of such degree programs; award of degrees must be based upon the
institution's certification that the recipient has met standards of performance
and competency comparable to the standards of institutions so accredited;
and
(b) at a minimum, issuance of a
baccalaureate degree shall require 120 credit hours or the equivalent; the
degree program must include 30 credit hours of general education core
requirements.
(3)
Master's degree programs:
(a) master's degree
programs must be comparable in quality to those offered by institutions
operating in New Mexico that are accredited by agencies recognized by the
United States department of education as authorities regarding the quality of
such degree programs; award of degrees must be based upon the institution's
certification that the recipient has met standards of performance and
competency comparable to the standards of institutions so accredited;
and
(b) at a minimum, issuance of a
master's degree shall require 30 credit hours of academic credit or the
equivalent beyond a baccalaureate degree.
(4) Doctoral degree programs:
(a) at a minimum, issuance of a doctoral
degree shall require 90 credit hours of academic credit or the equivalent
beyond a baccalaureate degree or 60 credit hours or the equivalent beyond the
master's degree and shall require successful completion and defense of a major
independent project, involving original research or application of knowledge.
The research component shall provide no more than thirty percent of the degree
credit requirement;
(b) research or
project committees composed of no fewer than three qualified readers shall
review the project at various stages of development; documentation shall be
provided to support this requirement. The final version of the research or
project shall be accompanied by the original signature of each committee
member; and
(c) the institution
shall maintain a copy of the final report of the research or project and make
it available upon request.
(5) Honorary degree or certificate: Licensed,
private degree-granting institutions may issue honorary degrees or
certificates. An honorary degree or certificate shall identify in its title or
name that it is an honorary degree or certificate and shall bear such on its
face.
(6) Credit for life
experience: If an institution offers academic credit for life experience or
employment related experience, the institution must have and adhere to the
following requirements:
(a) applicable life
experience shall be limited to work experience, military experience or a
combination of the two;
(b) no more
than thirty percent of the credit in a student's degree program may be awarded
for life or work experience;
(c)
the institution shall utilize the methodologies outlined by the council for
adult and experimental learning (CAEL) for evaluating life experience or shall
have in place a comparable plan which describes procedures and requirements for
the assessment of experiential learning;
(d) the institution shall maintain
documentation for at least three years of all materials used to assess and
award credit for experiential learning;
(e) the institution shall clearly indicate on
the student degree plan the course(s) for which the experiential learning is
being substituted;
(f) the
institution shall evaluate extra-institutional learning only in subject areas
in which it has or can arrange for faculty expertise or where it can rely on
nationally validated examinations or other procedures for establishing credit
equivalencies; and
(g) no life
experience credit shall be awarded toward the doctorate degree beyond master's
level study.
K.
Accreditation:
(1) Accredited institutions
shall be governed by their accrediting agencies in establishing degree and
program standards. Accredited institutions shall submit:
(a) formal documentation from the accreditor
listing all approved campuses, degrees and programs; and
(b) written notification of any changes
related to accreditation.
(2) Institutions proposing to change or add
programs must formally notify the department. If the change or addition of the
program requires the accreditor's approval, the institution must provide
written proof of the approval. If the change or addition does not require
approval by the accreditor, the institution shall provide proof that the
accreditor was notified of the change or addition. The department shall review
proposed changes. The department may review proposed changes on a set schedule
defined by the department and charge an administrative fee for the processing
of such requests. Upon final review, the department will provide a formal
acknowledgment of the approved new degrees and programs. The institution may
begin to advertise the program based on the department's letter of
acknowledgement. The complete list of programs offered by an institution will
be listed on the license issued to the institution.
L. Accreditation for new degree-granting
institutions or degree-granting institution seeking accreditation: New
degree-granting institutions making application with the department will be
required to obtain accreditation with an accrediting agency recognized by the
United States department of education within three years of submitting the
initial application. Non-accredited degree-granting institutions must submit a
written accreditation plan, which shall include:
(1) the United States department of education
recognized accrediting agency with which the applicant intends to apply for
institutional accreditation;
(2)
the planned timeline for application with and approval by the United States
department of education recognized accrediting agency;
(3) any contracts already made with the
United States department of education recognized accrediting agency, including
supporting documents;
(4)
certification that the institution will complete the accreditation process
within the planned timeline provided to the department;
(5) submit all documents as required for
non-accredited non-degree granting institutions; and
(6) any additional information which the
department may request.
M. Non-accredited non-degree granting
institutions: Applications for non-accredited non-degree granting institutions
shall be evaluated by a department review committee described in
5.100.7.11 NMAC. A new
non-accredited non-degree granting institution applying for licensure will be
approved to offer no more than six degree programs during the first two years
of operation. Non-accredited non-degree granting institutions shall submit the
following for review:
(1) Institution
curriculum requirements: For each program and course of instruction offered by
an institution, the institution shall submit:
(a) program outline, syllabus and curriculum
materials that accurately describe the objectives, content, and methods of the
program or course;
(b) objectives,
content, and methods of each program and course of instruction which
demonstrate curriculum quality;
(c)
details of equipment and facilities utilized by a program which shall be
sufficient for the number of students using them, and shall be applicable to
the objectives set for the program; and
(d) a report that demonstrates that each
program is designed to provide training for an occupation that is recognized in
New Mexico and that the training provided is sufficient in length and quality
to prepare students for immediate employment in the occupation(s) or prepare
students to complete licensing assessments.
(2) Faculty qualifications: The institution
must demonstrate the following:
(a) each
member of the teaching faculty has an educational background, including
licensure or occupational or credential, and experience applicable to teaching
assignments;
(b) faculty degrees,
licensure, certification, and credentials are in the applicable field of
instruction unless the institution demonstrates to the satisfaction of the
department and review committee, on an individual basis, that alternative
qualifications are sufficient;
(c)
for degree-granting institutions faculty must hold degrees in the field of
instruction from an accredited institution at a minimum of one degree level
higher than the level of instruction, and in no case less than a baccalaureate
unless the institution demonstrates to the satisfaction of the department that
alternative qualifications are sufficient;
(d) for degree-granting institutions no more
than twenty percent of the faculty of an institution may be employed under
alternative qualifications;
(e) for
each proposed credential offering, the institution employs at least one faculty
member with the applicable training who shall have the responsibility for
providing oversight of the instructional program; and
(f) faculty are sufficient in number to
provide instruction and attention to the work of students of the
institution.
(3) Student
outcomes: New institutions submitting first time application shall provide a
plan for tracking program completion rates, withdrawal rates and satisfaction
of students, and employers. Institutions renewing application with the
department must submit required reporting for program completion rates,
withdrawal rates, and satisfaction of students and employers.
(4) Non-accredited non-degree institutions
proposing to change existing programs or add new degree programs to their
curriculum shall submit application on a form acceptable to the department, for
review committee approval prior to marketing the program and enrolling students
in the proposed program.
N. Maintenance of records certification: Each
institution must submit a certification of compliance with all applicable laws,
rules and regulations that govern records management for closed
institutions.
O. Surety bond: Each
institution licensed by the department shall maintain in force a surety bond or
alternative surety accepted by the department, in an amount set by the
department, and payable to the department. The institution must have and adhere
to the following requirements:
(1) the amount
of the bond or alternative surety shall be sufficient to indemnify any student
damaged as a result of fraud or misrepresentation by a licensed institution or
as a result of the institution ceasing operation prior to its students having
completed the programs for which they have contracted. If a licensed
institution closes, the department may draw upon the bond to pay costs
associated with preservation of student records. The bond must also meet the
following criteria:
(a) the bond required for
each institution shall be twenty percent of the institution's projected or
actual gross annual tuition and fee revenue in New Mexico, which takes into
consideration the size, number of students and total income and assets of an
institution. In no case shall the bond be less than $5,000; and
(b) bonds provided by institutions must be
accompanied by the name, office address and phone number of the issuing company
representative.
(2) If an
institution seeks to cancel a surety bond, written notice must be delivered to
the department. The institution may not cancel the surety bond until provided
with written release by the department. The institution shall provide the
department with a like surety or acceptable alternative in order to maintain
licensure.
(3) Alternative forms of
surety: An institution may request a waiver from the bond requirement and
provide to the department an explanation of the alternative form for which they
are seeking approval. The department has the authority to accept or reject any
request. Such alternative may be a cash deposit escrow account, irrevocable
letter or credit, or similar alternative payable to the department in the
amount equal to the bond requirement.
P. Proof of financial stability: Standards
for reviewing and analyzing financial stability are a critical component of the
institution's overall assessment. The institution's financial stability will be
reviewed by the department to assess the institution's ability to meet
financial obligations including, but not limited to, obligations to enrolled
students. In determining financial stability of the institution the department
shall review the following requirements:
(1)
Insurance: Institutions licensed by the department shall maintain valid
standard, commercial liability insurance, worker's compensation insurance, and
property insurance sufficient to protect students, employees, and other
citizens from hazards in the institution's facilities. Where applicable,
institutions shall have liability insurance covering students involved in
internships at sites and locations other than the institution.
(2) Financial statement analysis: The
department shall consider an institution's financial history when reviewing an
application for licensure. In the case where an institution submits an audit
report and management letter provided by a certified public accountant, the
department shall normally accept the report as accurate and rely on the
auditor's professional responsibility to evaluate and to make known their
professional opinion.
(3) New
institutions not previously operating in any capacity in any state or
jurisdiction shall demonstrate liquid assets sufficient to operate the
institution for a period of one year exclusive of anticipated revenue from
tuition and fees. These assets shall be sufficient to pay all projected salary
and benefits of employees and the rent, utilities, insurance and other costs of
operating the institution's facilities for a period of one year. If an
institution has audited financials available for the year prior to that of the
application, such audited financials shall be submitted for review. Any new
institution shall submit the following:
(a)
bank statements, investor agreements, any other financial donations or gifts
used to develop the institution;
(b) the institution's projected income
statement certified as accurate by the institution. The income statement must
include details of projected salaries and benefits of employees, rent,
utilities, insurance, any financial obligations made by the institution, and
any other operating costs; and
(c)
any additional information which the department may request.
(4) Existing institutions: If an
institution has previously operated in any capacity in any jurisdiction, it
must submit documents based on the following thresholds:
(a) An institution with seven hundred fifty
thousand dollars ($750,000) or more in gross annual tuition revenue and all
federal Title IV financial aid institutions shall submit, on a schedule set by
the department, an audit report and management letter prepared by a certified
public accountant in accordance with the New Mexico Public Accountancy Act,
Section 61-28B-1 et seq. NMSA 1978 as
amended. If the institution has been required to obtain a financial
responsibility composite score as computed using the latest version of the
United States department of education index score formula it shall provide the
score to the department. The financial responsibility composite score must be
1.5 or above as computed using the latest version of the United States
department of education index score formula. The composite score must be
calculated by the United States department of education, a recognized
accreditor, or a certified public accountant contracted at the expense of the
institution.
(b) An institution
with gross annual tuition revenue of two hundred fifty thousand dollars
($250,000) or more but less than seven hundred forty nine thousand nine hundred
ninety-nine dollars ($749,999) shall submit, on a schedule set by the
department, either an audit report and management letter prepared by a
certified public accountant in accordance with the New Mexico Public
Accountancy Act, Section
61-28B-1 et seq. NMSA 1978 as
amended or a review of financial statements prepared by a certified public
accountant in accordance with the New Mexico Public Accountancy Act. If the
institution has been required to obtain a financial responsibility composite
score as computed using the latest version of the United States department of
education index score formula it shall provide the score to the department. The
financial responsibility composite score must be 1.5 or above as computed using
the latest version of the United States department of education index score
formula. The composite score must be calculated by the United States department
of education, a recognized accreditor, or a certified public accountant
contracted at the expense of the institution.
(c) An institution with gross annual tuition
revenue of less than two hundred forty nine thousand nine hundred ninety-nine
dollars ($249,999) shall submit on a schedule set by the department either an
audit report and management letter prepared by a certified public accountant in
accordance with the New Mexico Public Accountancy Act, 61-28B-1 et seq. NMSA
1978 as amended, a review of financial statements prepared by a certified
public accountant in accordance with the New Mexico Public Accountancy Act, or
an income statement and balance sheet certified as accurate by the institution.
In addition to the audit report and management letter, the review of financial
statements, or the income statement and balance sheet as described in this
paragraph, the institution shall submit copies of business tax returns and bank
statements for the most current year. If the institution has been required to
obtain a financial responsibility composite score as computed using the latest
version of the United States department of education index score formula it
shall provide the score to the department. The financial responsibility
composite score must be 1.5 or above as computed using the latest version of
the United States department of education index score formula. The composite
score must be calculated by the United States department of education, a
recognized accreditor, or a certified public accountant contracted at the
expense of the institution.
(5) Failure to satisfactorily meet financial
requirements: If considerable concern is established as to the institution's
ability to maintain its operation, department staff may contact the school to
request additional information regarding the institution's financial picture.
If concerns are not addressed through the additional information provided to
the department, a department financial analyst may conduct a second financial
review. If after the second review, substantial doubt remains about the
institution's ability to continue, the department may contract for further
independent review of the records. All costs associated with contracting a
third party independent reviewer will be charged to the institution. Following
review and based on the determination of the department
(a) the institution may be authorized for
operation; or
(b) the institution
may be placed on probationary status and required to submit a management plan
of action; and
(c) the department
may report the failure to satisfactorily meet financial requirements to the
United States department of education and the institution's accreditor. If the
issue is not resolved, the department may take action to forward the file to
the attorney general's office for issuance of a notice of contemplated action
to deny licensure.
Q. Procedure for resolution of student
complaints: An institution shall provide proof of an adopted complaint
procedure that complies with the minimum requirements set by the department.
The institution shall have and make available to all students, the adopted
complaint procedure that describes, in detail, how students or other parties
may register a complaint or grievance, how the institution will investigate the
complaint, and how the institution will attempt to resolve the complaint. Such
policies shall at a minimum include the following components:
(1) requirement that students or other
parties with complaints or grievances against an institution first seek to
resolve their complaint or grievance directly with the institution;
(2) a time frame within which the institution
will investigate the complaint and respond to the complainant;
(3) assurance of the involvement of a person
who will serve as an impartial representative of the institution but not be
directly involved in the area of the complaint;
(4) assurance that no adverse action will be
taken against the complainant for registering the complaint; and
(5) identification of the higher education
department as the agency to be contacted in cases where a complaint cannot be
resolved.
R. Student
Services: The institution shall certify that it will provide the following:
(1) Financial aid counseling: Institutions
offering financial aid to students shall provide adequate personnel qualified
to administer the financial aid programs according to the regulations of all
applicable agencies;
(2) Academic
counseling and progress: Institutions shall provide adequate counseling for
students regarding their academic progress. An institution shall have a clear
policy and procedure for assessing the progress of students toward their
program objectives and to inform student of progress. Students shall receive
warning when their academic status is at risk and shall be given clear
information about their academic status and whatever actions are needed to
maintain satisfactory progress. The institution shall have a policy for
terminating enrollment in manner that minimizes the financial cost to the
student, when the student fails to meet the standards for academic progress.
Records of the institution, including individual student records, shall reflect
consistent application of such policy and procedure. The institution's catalog
and other publications shall clearly inform students about the institution's
standards for academic progress and any academic counseling and support
services available to students.
(3)
Employment counseling and placement: Institutions shall provide services that
assist students in locating and qualifying for employment opportunities.
Employment counseling and placement services must be provided at no additional
charge to students. No institution shall be expected to provide employment
counseling and placement services beyond providing academic and financial aid
transcripts for more than one year following a student's receipt of a diploma,
certificate, or degree, except by such policy of the institution. An
institution offering placement services for its students and graduates shall
maintain records listing, for each student who has been assisted, each
placement conference held with the student and each placement contact made in
behalf of the student.
S.
Records standards and access:
(1) Transcript
standards: An institution shall prepare for students a transcript of record. A
sample transcript shall be submitted and include at minimum the following:
(a) designation of the program(s) of study
for which the student has been enrolled;
(b) each course completed by the student and
the grade or other indication of performance assigned; and
(c) a dated statement of completion of the
program and award of any certificate, diploma, or degree earned by the
student.
(2) The method
by which students and graduates may obtain transcripts and financial aid
documents and applicable fees shall be described clearly in the institution's
catalog or in other documents provided to students. All documents with
reference to the method for obtaining transcripts and financial aid documents
and fees must be submitted to the department for review.
(3) The institution shall certify that an
official student file will be kept for each student and include at a minimum
the following:
(a) admission application and
enrollment agreement;
(b) official
transcripts indicating qualification for admission;
(c) when applicable actual test and scores
from an ability-to-benefit assessment;
(d) grades received (up-dated
transcript);
(e) all obligations
incurred and all funds paid by the student to the institution;
(f) student attendance information;
(g) academic counseling and employment
counseling records; and
(h)
financial aid records.
T. Academic support resources: The
institution shall provide or otherwise assist students in gaining access to
learning resources needed for completion of their programs, including library
materials, laboratories, facilities, equipment and materials, and relevant
experiences needed to meet program requirements. No institution shall absolve
itself from this requirement solely by referring students to the resources of
other private or public institutions or facilities, except by written agreement
with such institutions or facilities. The institution will certify that:
(1) students have access to learning
resources;
(2) resources are
adequate to support the programs;
(3) students are adequately informed about
learning resources available to them and how to access such resources and
services;
(4) training is made
available for accessing learning resources;
(5) resources are delivered within a
reasonable period of time;
(6) the
facilities have satisfactorily met all applicable health and fire inspections;
and
(7) compliance with regulations
pursuant to the American with Disabilities Act (ADA).
U. Admission policy: Each institution shall
adopt an admission policy that includes the following standards:
(1) No student shall begin a certificate or
diploma program who has not received a high school diploma or the equivalent or
who has not demonstrated ability to benefit from the program through a process
of assessment that meets standards of the United States department of education
or the department or who is participating in a concurrent enrollment program
with a secondary school.
(2)
Institutions enrolling students who are of compulsory school age or who are
concurrently attending an elementary or secondary school shall have in their
possession a signature or other written acknowledgement by elementary or
secondary officials and by the student's parent or guardian.
(3) Institutions using an ability-to-benefit
admission option shall provide the department with a clear and detailed
statement describing their ability-to-benefit assessment programs (including
cut off scores and validity data for any test used) and shall be able to
demonstrate that ability-to-benefit assessment is performed in a consistent and
valid manner.
(4) No student shall
be admitted to an associate degree or baccalaureate degree program who has not
received a high school diploma or the equivalent.
(5) No student shall be admitted to a
graduate degree program who has not received a baccalaureate degree from an
institution accredited by an agency recognized by the United States department
of education, or received a baccalaureate degree from a non-accredited
institution licensed by the department or by the cognizant state agency in
another state, or qualified in an alternative manner approved by the
department.
V.
Cooperation: The institution shall provide copies of valid certificates from
other federal, state and municipal agencies, and any other higher education
authorities as proof of compliance with applicable bodies. At minimum the
application submission must include:
(1) a
copy of the notification of good standing and ability to do business in New
Mexico issued by the New Mexico secretary of state's office;
(2) a copy of the New Mexico taxation and
revenue department registration;
(3) as applicable, a copy of the national
council of state authorization reciprocity agreements (NC-SARA) welcome
letter;
(4) as applicable, a list
and copy of authorizations granted by other jurisdictions;
(5) as applicable, a list and copy of
authorizations granted by other New Mexico boards, commission or
agencies.
W. Ownership
and administration: The institution shall provide the department with
information about ownership, owners, and managers. An institution shall notify
the department in writing within 10 working days whenever the institution
changes ownership, whenever there is a change in control of the institution, or
whenever changes are made to managers. No institution will be licensed in the
state of New Mexico without completion certifications required by the
department. Any changes or events that may trigger any certification to be
untrue, must be immediately reported to the department, and shall be reported
in no less than 10 working days.
(1) The
institution shall provide a list of principal owners and provide a list of
managers.
(2) The institution shall
certify that no owner of the institution has:
(a) been convicted of or has pled no contest
or guilty to a crime involving abuse of public funds;
(b) been convicted of or has pled no contest
or guilty to a crime of dishonesty or felony within the last five
years;
(c) controlled or managed an
institution that has ceased operation during the past five years without
providing for the completion of programs by its students; or
(d) filed bankruptcy associated with the
operation of an educational institution during the past five years.
(3) The institution shall certify
that no manager of the institution has:
(a)
been convicted of or has pled no contest or guilty to a crime involving abuse
of public funds;
(b) been convicted
of or has pled no contest or guilty to a crime of dishonesty or felony within
the last five years;
(c) controlled
or managed an institution that has ceased operation during the past five years
without providing for the completion of programs by its students; or
(d) filed bankruptcy associated with the
operation of an educational institution during the past five years.
(4) The institution shall certify
it:
(a) has not filed bankruptcy during the
past five years;
(b) is not under
the ownership of any person who has filed bankruptcy associated with the
operation of an educational institution during the past five years;
(c) is not managed by any person who has
filed bankruptcy associated with the operation of an educational institution
during the past five years;
(d) has
not been found to be operating illegally in another state for a least five
years.