A. To the extent that funds are made available by the legislature from the fund, the boards of regents or governing bodies of public post-secondary educational institutions and tribal colleges shall award tuition scholarships in department-approved amounts to qualified students attending their respective public post-secondary educational institutions. B. A qualified student is eligible to receive the tuition scholarship for a maximum of seven fall and spring program semesters and a maximum of three summer semesters, or no more than three and one-half years for a bachelor's degree, in an amount determined pursuant to the provisions of Section 21-21N-4 NMSA 1978. C. Except as otherwise provided in this section, a tuition scholarship may be awarded to a qualified student who: (1) maintains residency in New Mexico; (2) maintains a grade point average of 2.5 or higher on a 4.0 scale; and (3) completes: (a) for a student attending a four-year public post-secondary educational institution or a tribal college, thirty credit hours, which may be apportioned among fall through summer semesters, with no fewer than twelve credit hours in the fall and spring semesters and between three and nine credit hours for summer semesters; provided that the department may provide by rule for exceptions to the number of summer semester credit hours; and provided further that a student is not required to attend summer semesters to maintain eligibility; and provided further that credit-hour limits do not apply to the last semester before graduation; and (b) for a student attending a two-year public post-secondary educational institution, twenty-four credit hours, which may be apportioned among fall through summer semesters, with no fewer than nine credit hours in the fall and spring semesters and between three and nine credit hours for summer semesters; provided that the department may provide by rule for exceptions to the number of summer semester credit hours; and provided further that a student is not required to attend summer semesters to maintain eligibility; and provided further that credit-hour limits do not apply to the last semester before graduation. D. For students with disabilities who may require accommodations, the department, in consultation with the student and the office at the public post-secondary educational institution or the tribal college that serves students with disabilities, shall review both the definition of "full time" and the maximum number of consecutive program semesters of eligibility and adjust either or both as deemed reasonable and appropriate, based on the student's disability needs. In no case, however, shall "full time" mean fewer than six credit hours per semester during the fall and spring semesters or three credit hours per summer semester, if attending, and in no case shall eligibility extend beyond fourteen consecutive program semesters. The definition of "qualified student" notwithstanding, a New Mexico resident who had to leave the state to receive an education pursuant to the federal Individuals with Disabilities Education Act shall be eligible for a tuition scholarship if the student graduated from an accredited high school in another state and otherwise meets the qualifications for a tuition scholarship pursuant to the definition of "qualified student" and this section. History: Laws 2014, ch. 80, § 3; 2016, ch. 21, § 2; 2019, ch. 33, § 1; 2019, ch. 54, § 2 2024, ch. 63, § 2. The 2024 amendment, effective May 15, 2024, changed certain requirements for eligibility for the legislative lottery tuition scholarship, and lowered the number of required credit hours for fall and spring semesters for lottery scholarships; in Subsection A, after "qualified students", deleted "and legacy students"; in Subsection B, deleted the introductory clause, which provided "Beginning in fiscal year 2015", deleted Paragraph B(1), after "A qualified student", deleted "who is not a legacy student", after "maximum of seven", added "fall and spring", and after "program semesters and", added "a maximum of three summer semesters, or no more than three and one-half years for a bachelor's degree"; in Subsection C, Subparagraph C(3)(a), after "tribal college", deleted "fifteen or more credit hours per program semester" and added the remainder of the subparagraph, and in Subparagraph C(3)(b), after "post-secondary educational institution", deleted "twelve or more credit hours per program semester" and added the remainder of the subparagraph; and in Subsection D, after "six credit hours per semester", added "during the fall and spring semesters or three credit hours per summer semester, if attending". 2019 Amendments. — Laws 2019 ch. 33, § 1, effective June 14, 2019, extended scholarship eligibility to New Mexico residents who because of a disability left the state to receive a high school education pursuant to the federal Individuals with Disabilities Education Act; and in Subsection D, added the last sentence. Laws 2019, ch. 54, § 2, effective July 1, 2019, authorized tribal colleges to receive funds from the lottery tuition fund and to award scholarships to eligible students and added "tribal colleges" in in Subsections A, C and D. The 2016 amendment, effective May 18, 2016, clarified language as used in the Legislative Lottery Tuition Scholarship Act; in Subsection B, in Paragraph (1), after "total number of", added "program", after "legislative lottery scholarship", deleted "was" and added "is", and after "credit hours per", added "program", in Paragraph (2), after "Section", deleted "4 of the Legislative Lottery Tuition Scholarship Act" and added "21-21N-4 NMSA 1978"; in Subsection C, in Subparagraph C(3)(a) after "credit hours per", added "program", and in Subparagraph C(3)(b), after "credit hours per", added "program"; in Subsection D, after each occurrence of "consecutive", added "program".
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