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5.3.13NMAC


Published: 2015

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TITLE 5                 POST-SECONDARY EDUCATION

CHAPTER 3         POST-SECONDATRY EDUCATION INSTITUTION FINANCES

PART 13               ALLOCATION

AND DISTRIBUTION OF THE ADULT BASIC EDUCATION FUND

 

5.3.13.1                 ISSUING AGENCY:  New Mexico Higher

Education Department

[5.3.13.1 NMAC - Rp, 6 NMAC 8.2.1.1,

6/30/2003; A, 7/31/2005]

 

5.3.13.2                 SCOPE:  5.3.13 NMAC applies

to the allocation and distribution of money appropriated to the adult basic

education fund including funding for

instructional materials for adult

basic education students by the legislature for use in a

given fiscal year and further applies to the allocation and distribution of

those monies made available to the state of New Mexico for basic education of

adults and available for formula allocation and distribution to pay for the establishment

or expansion of adult education programs to be carried out by public schools

and school districts, universities, community based organizations of

demonstrated effectiveness, community colleges as defined by Section 21-13-2

NMSA 1978, branch community colleges as defined by Section 21-14-1 NMSA 1978,

technical and vocational institutes as defined by Section 21-16-2 NMSA 1978,

learning centers established pursuant to Section 21-16A NMSA 1978,

state-supported educational programs, postsecondary educational institutions

operated by tribal entities, and bureau of Indian affairs controlled

postsecondary schools located in New Mexico.

[5.3.13.2 NMAC - Rp, 6 NMAC

8.2.1.2, 6/30/2003; A, 12/30/2004; A, 7/31/2005; A, 3/31/2008; A, 7/1/2010]

 

5.3.13.3                 STATUTORY AUTHORITY: 

Section 21-1-27.5, 21-1-27.6 NMSA 1978.

[5.3.13.3 NMAC - Rp, 6 NMAC

8.2.1.3, 6/30/2003, A, 7/31/2005]

 

5.3.13.4                 DURATION:  Permanent

[5.3.13.4 NMAC - Rp, 6 NMAC

8.2.1.4, 6/30/2003]

 

5.3.13.5                 EFFECTIVE DATE:  June 30, 2003

unless a different date is cited at the end of a section.

[5.3.13.5 NMAC - Rp, 6 NMAC

8.2.1.5, 6/30/2003]

 

5.3.13.6                 OBJECTIVE:  This regulation

establishes a formula funding process whereby monies appropriated by the New

Mexico legislature to the adult basic education fund including funding for instructional materials

for adult basic education students and monies made available to the

state of New Mexico for basic education of adults and available for formula

allocation and distribution to pay for the establishment or

expansion of adult education programs are allocated and distributed.

[5.3.13.6 NMAC - Rp, 6 NMAC

8.2.1.6, 6/30/2003; A, 12/30/2004, A, 7/31/2005; A, 7/1/2010]

 

5.3.13.7                 DEFINITIONS:

                A.            “Adult basic education” (ABE) means

adult education as defined by 20 U.S.C. Section 9202(1).

                B.            “Adult basic education fund” means

that fund established pursuant to Section 21-1-27.5 NMSA 1978 for the purpose

of funding adult basic education programs for educationally disadvantaged

adults.

                C.            “Department” means the higher education

department.

                D.            “Educational media” means a system

of instructional materials, computer software, interactive videodisc, magnetic

media, CD-ROM, DVD, computer courseware, on-line services, an electronic

medium, or other means of conveying information to the student or otherwise

containing intellectual content and contributing to the learning process.

                E.             “Instructional material” means

school textbooks and other educational media that are used as the basis for

instruction, including combinations of textbooks, learning kits, assessments,

supplementary material and electronic media.

                F.             “Instructional material fund” means

that fund established pursuant to Section 22-15-9 NMSA 2009 for the purpose of

funding adult basic education student instructional materials.

                G.            “State administrative site” means an

entity submitting a proposal meeting the criteria established by the higher

education department and approved for formula funding through the adult basic

education fund for a given fiscal year, including public schools and school

districts, universities, community based organizations of demonstrated

effectiveness, community colleges as defined by Section 21-13-2 NMSA 1978,

branch community colleges as defined by Section 21-14 -1 NMSA 1978, technical

and vocational institutes as defined by Section 21-16-2 NMSA 1978, learning

centers established pursuant to Section 21-16A NMSA 1978, state-supported

educational programs, postsecondary educational institutions operated by tribal

entities, and bureau of Indian affairs controlled postsecondary schools located

in New Mexico.

[5.3.13.7 NMAC - Rp, 6 NMAC

8.2.1.7, 6/30/2003; A, 12/30/2004; A, 7/31/2005; A, 3/31/2008; A, 7/1/2010]

 

5.3.13.8                 RESPONSIBILITIES OF DEPARTMENT

AND STATE ADMINISTRATIVE SITES:

                A.            The higher education department will

convene a task force on ABE formula funding with members representing ABE

programs, post-secondary institution fiscal offices, and the association of

community colleges to make recommendations on changes to the funding formula as

appropriate.

                B.            The department shall review the

formula and any proposed changes with the adult basic education

administrative sites prior to adoption or amendment.

                C.            The

department shall develop, implement and maintain procedures and training to

address the purchase and reporting of instructional materials for the free use

by adult basic education students.

                D.            Each state administrative site may

purchase items of instructional material by issuing a purchase order to the

publisher or the publisher’s authorized agent. The entity is responsible for

payment to the vendor/publisher, etc. The cost of the items, plus

transportation charges, will be charged against the instructional material

allocation.

                E.             Annually, at a time specified by

the department, each state administrative site acquiring instructional material

pursuant to the Instructional Material Law (22-15-1 to 22-15-14 NMSA 1978)

shall file a report with the department.

                F.             If closure of a site is imminent, the site shall contact

the department in writing within 30 days of closure to obtain approval to

dispose of materials.

[5.3.13.8 NMAC - Rp, 6 NMAC

8.2.1.8, 6/30/2003; A, 12/30/2004; A, 7/31/2005: A, 7/1/2010]

 

5.3.13.9                 BUDGET:

                A.            The higher

education department will notify each state administrative site of its program

allocation no later than June 15 of the fiscal year immediately preceding the

fiscal year for which the allocation is being made.

                B.            State

administrative sites will submit to the higher education department budgets

based upon program allocations, together with executed written agreements as

required by the higher education department, no later than June 30 of the

fiscal year immediately preceding the fiscal year for which the allocations are

made.

                C.            State administrative sites will

comply with reporting dates and reporting requirements established by the

higher education department.

[5.3.13.9 NMAC - Rp, 6 NMAC

8.2.1.9, 6/30/2003; A, 12/30/2004; A, 7/31/2005]

 

5.3.13.10               DISTRIBUTIONS:

                A.            Adult basic education program fund

                    (1)    

Distributions will be made to state administrative sites upon timely

submission of expenditure and program reports in accordance with procedures

established by the higher education department. 

Distributions may be requested on a monthly basis.

                    (2)     Distributions will be made solely on a

reimbursement basis.

                    (3)     Unless otherwise provided by law,

reimbursement will not be made for expenditures not obligated on or before June

30 of the fiscal year for which the allocation is being made.

                    (4)     Performance based funding components will

be used to distribute the adult basic education program allocations.

                B.            Instructional material fund

                    (1)     Distributions will be made to state

administrative sites according to New Mexico department of finance and

administration rules.

                    (2)     A state administrative site that has funds

remaining for the purchase of instructional material at the end of the fiscal

year shall retain those funds for expenditure in subsequent years.

[5.3.13.10 NMAC - Rp, 6 NMAC

8.2.1.10, 6/30/2003; A, 7/31/2005; A, 7/1/2010]

 

HISTORY

OF 5.3.13 NMAC:

Pre-NMAC History:  The material in this part was derived from

that previously filed with the State Records Center and Archives:

SBE Regulation No. 95-8, Interim

Regulation:  Distribution of Money in the

Adult Basic Education Fund, 7/18/95.

 

History of Repealed Material:

6 NMAC 8.2.1, Allocation and

Distribution of the Adult Basic Education Fund and Monies Made Available

through the Adult Education Act, filed 1/4/99 - Repealed.