New Mexico Administrative Code
Title 5 - POST-SECONDARY EDUCATION
Chapter 7 - TUITION AND FINANCIAL AID
Part 37 - NEW MEXICO OPPORTUNITY SCHOLARSHIP PROGRAM
Section 5.7.37.8 - STUDENT ELIGIBILITY

Universal Citation: 5 NM Admin Code 5.7.37.8

Current through Register Vol. 35, No. 18, September 24, 2024

A. A scholarship may be awarded to a qualified student who:

(1) has not earned a bachelor's, master's degree or doctoral degree at the time the scholarship is awarded;

(2) is enrolled in at least six credit hours per spring or fall semester and no more than eighteen credit hours per fall or spring semester; except that the credit-hour minimums do not apply to a student in the last semester before graduation and if a qualified student enrolls in more than eighteen credit hours any tuition charges which exceed tuition charged for the maximum of eighteen credit hours shall not be funded by the scholarship;

(3) is enrolled in at least three and no more than nine credit hours per summer semester; provided that a student is not required to attend a summer semester to maintain eligibility; and

(4) maintains a cumulative grade point average of 2.5 or higher on a 4.0 scale;

(5) has established and maintained New Mexico residency as defined in 5.7.18.9 NMAC, is eligible for a nondiscrimination waiver as defined in Subsection K of 5.7.18.10 NMAC or is an active member of the New Mexico National Guard. All residency requirements for recent graduate learners must be met upon completion of high school, graduation or receipt of a high school equivalency credential recognized by the state of New Mexico;

(6) has been determined to be a qualified student; and

(7) has met requirements in Paragraphs (1) through (6) of Subsection A of 5.7.37.8 NMAC or students with exceptional mitigating circumstances as determined by the institution's lead financial aid officer; students who are incapable of meeting the requirements specified in Paragraphs (1) through (6) of Subsection A of 5.7.37.8 NMAC due to a documented exceptional mitigating circumstance do not forfeit eligibility for the opportunity scholarship; however, the following requirements shall apply:
(a) the student shall provide documents certifying the nature of the students exceptional mitigating circumstance to the institution's lead financial aid officer at the post-secondary educational institution at which the student is enrolling or will enroll; the institution's lead financial aid officer shall exercise professional judgment to determine whether the exceptional mitigating circumstance is beyond the student's control and precludes the student from meeting the requirements specified in Paragraphs (1) through (6) of Subsection A of 5.7.37.8 NMAC;

(b) if, in the professional judgment of the institution's lead financial aid officer, the student's exceptional mitigating circumstance is recognized as a valid reason for the student's inability to meet the requirements specified in Paragraphs (1) through (6) of Subsection A of 5.7.37.8 NMAC the student's initial or continuing eligibility for the opportunity scholarship shall be suspended or deferred unless and until such time that the student is capable of meeting the requirements of Paragraphs (1) through (6) Subsection A of 5.7.37.8 NMAC.

B. Other provisions regarding eligibility.

(1) Students with disabilities or their legal guardian who are requesting a reduction of the credit hour requirement shall obtain a referral from the student services division of the public post-secondary educational institution or tribal college where the student is enrolled that oversees students with special needs. Referrals and any sufficient documentation shall be received no later than 30 days after the student's enrollment begin date for their first semester or the semester for which they are seeking a change in credit hours. The documentation may be reused for the subsequent semesters unless the student is requesting to decrease their approved credit hours. In this case updated documentation shall be required prior to the start of the semester for which the student is enrolling.

(2) Students are encouraged, but are not required, to complete a free application for student aid (FAFSA) for scholarship eligibility.

(3) If a recent graduate learner enrolls in no more than 12 credit hours during the 16 months following high school graduation or receipt of a high school equivalency credential the student may qualify for opportunity scholarship funding for tuition and fees. If a recent graduate learner enrolls in 12 or more credit hours beyond 16 months after graduation or receipt of a high school equivalency credential the student shall not receive the opportunity scholarship for tuition for a period of two years following the end of the semester when eligibility was lost. A recent graduate learner who loses eligibility for the opportunity scholarship or legislative lottery scholarship pursuant to 5.7.37.14 NMAC or 5.7.20.14 NMAC and has not been approved for a probationary semester may petition for reinstatement pursuant to 5.7.37.10 NMAC.

C. Upon satisfaction of the eligibility requirements, the scholarship shall be awarded to a returning student learner during the second continuous semester of enrollment. A student's continuing eligibility shall be determined on a semester basis. Recent graduate learners may receive awards within 16 months of graduation as provided in Paragraph 3 of Subsection B of 5.7.37.8 NMAC.

D. An opportunity scholarship award may be re-awarded to a student who:

(1) maintains a minimum of a 2.5 cumulative grade point average or higher on a 4.0 scale; a student has the right to request use of the student's cumulative grade point average earned at all New Mexico public post-secondary educational institutions and tribal colleges; and

(2) maintains continuous enrollment and meets the credit hour criteria as provided in Paragraphs (2) through (3) of Subsection A of 5.7.37.8 NMAC.

E. The following conditions apply for students transferring the scholarship:

(1) a transfer transcript is required;

(2) student transfers shall defer to the receiving institution to determine eligibility; and

(3) a qualified student who transfers shall continue to be eligible at the receiving institution after receipt of the student's transfer transcript containing eligibility confirmation.

F. Previously completed dual credit courses shall not count toward the credit hour cap.

G. In no case shall eligibility to receive the scholarship extend beyond 90 attempted credit hours for completion of an associate degree or 160 attempted credit hours for completion of a bachelor's degree.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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