New Mexico Administrative Code
Title 5 - POST-SECONDARY EDUCATION
Chapter 99 - DISTANCE EDUCATION
Part 1 - PUBLIC AND PRIVATE POST-SECONDARY INSTITUTIONS OPERATING UNDER THE INTERSTATE DISTANCE EDUCATION ACT
Section 5.99.1.10 - INSTITUTIONS EXEMPT FROM DISTANCE EDUCATION AUTHORIZATION
Current through Register Vol. 35, No. 18, September 24, 2024
An institution may be granted an exemption from obtaining distance education authorization, if the institution meets the criteria for exemption, set by the department. An institution seeking an exemption shall complete a DEA exemption form, published by the department. An institution shall meet one or more of the following criteria to be eligible for DEA exemption:
A. the institution is authorized to operate as a member institution under SARA;
B. the institution has a physical presence in New Mexico exclusively offering distance education to students located only in New Mexico;
C. the department has entered into a reciprocal agreement pursuant to Subsection B of Section 21-23B-3 NMSA 1978.
D. the institution offers distance education courses on a military base or vessel, if enrollment in such courses is limited to active and reserve military personnel and their spouse or dependents;
E. the institution has contractual arrangements in New Mexico for course offerings through consortium agreements (for example an agreement between two or more institutions to partner and provide program offerings) and has previously notified the department of the agreement;
F. the institution is only offering distance education courses as a means of continuing education units and the units meet the criteria set out by the professional organization or authority requiring the continuing education; or
G. the institution is offering supervised field experience pursuant to the parameters established in 5.99.1.11 NMAC.
H. the institution is a chartered, nonprofit religious institution whose sole purpose is to train students in non-degree or degree granting religious or non-secular courses to prepare them to assume a vocational objective relating primarily to religion.
