New Mexico Higher Education Department
Agency Contact
Additional Contact
Secretary of State Contact
1: Important Agency Information to Note
Indicate the types of institutions that your agency authorizes.
- Note: Some agencies may refer to out-of-state public institutions as “private colleges” in their law. If this is the case for your agency, please select “public, out-of-state degree granting institutions” for purposes of this Guide so that the out-of-state public institution will find appropriate information.
- Note: If your agency is a coordinating board, your agency may have one division with some authority such as program approval over in-state public institutions that are established per statute, which is structured differently than another division of your agency with state authorization authority over non-public institutions that they “license” pursuant to different statute(s).
_X___ Public, in-state degree granting institutions
_X___ Public, out-of-state degree granting institutions
_X___ Private, in-state, not-for-profit degree granting institutions
_X___ Private, out-of-state, not-for-profit degree granting institutions
_X___ Private, in-state, for-profit degree granting institutions
_X___ Private, out-of-state, for-profit degree granting institutions
_N/A_ Public, in-state, non-degree granting institutions
__X__ Public, out-of-state, non-degree granting institutions
__X__ Non-degree, not-for profit institutions
__X__ Non-degree, for-profit institutions
__X__ Religious institutions
_____ Tribally-controlled institutions
_____ Federal Institutions
_____ Municipal institutions
- For example, an agency may require an institution apply for licensure for institutional approval and also require the institution to apply for specific program(s) approval.
_____ Institution
_____ Program
__X__ Both
The New Mexico Higher Education Department has authority to authorize or exempt private postsecondary institutions operating in the state and institutions offering distance education to New Mexico students.
2: Authorization of Distance Education
- Meaning as example, the state regulates an out-of-state institution for merely enrolling a student into a distance education program
- Meaning as example, a solely online program that does not have any internships and practicums
Yes.
Yes, all institution offering distance education in New Mexico must be authorized by the New Mexico Higher Education Department or operating pursuant to the State Authorization Reciprocity Agreement (SARA).
3: Accreditation by an Accrediting Agency Recognized by the U.S. Department of Education
Yes
Accreditation by an accrediting agency recognized by the U.S. Department of Education required for:
____ Public, out-of-state degree granting institutions
_X__ Private, in-state, not-for-profit degree granting institutions
_X__ Private, out-of-state, not-for-profit degree granting institutions
_X__ Private, in-state, for-profit degree granting institutions
_X__ Private, out-of-state, for-profit degree granting institutions
____ Public, in-state, non-degree granting institutions
____ Public, out-of-state, non-degree granting institutions
____ Non-degree, not-for profit institutions
____ Non-degree, for-profit institutions
____ Religious institutions
____ Tribally-controlled institutions
____ Federal Institutions
____ Municipal institutions
In New Mexico “State Authorization” means a private post-secondary educational institution has been deemed by the department to satisfactorily meet criteria, as determined by the department, for registration or licensure under the Post-Secondary Educational Institution Act.
All degree-granting institutions seeking state authorization shall be accredited or be seeking appropriate external accreditation.
New degree-granting institutions are required to obtain accreditation within three (3) years from licensure. All registered institutions must be regionally accredited.
The institution's accreditation must be recognized by the U.S. Department of Education.
4: Physical Presence Policy
Engaging in one or more of the following activities constitutes a physical presence in New Mexico:
- ongoing occupation of a physical location in the state;
- maintenance of an administrative office to support the provision of higher education instruction;
- establishing a physical location for students to engage in educational activity;
- requiring students to physically meet in a location for instructional purposes more than twice per full-term (quarter or semester) course for a total of more than six hours;
- establishing an administrative office;
- providing student support services to enrolled students, from a physical site operated by or on behalf of the institution in the state;
- obtaining office space for instructional or non-instructional staff;
- maintaining a mailing address or phone exchange in New Mexico;
- holding proctored exams on behalf of the institution in New Mexico more than twice per full-term (quarter or semester); or
- facilitating student participation in off-campus field trips in New Mexico for academic purposes in excess of 20 classroom hours in one six‐month period or in which the institution establishes a residential or instructional facility in New Mexico.
The following is a non-exhaustive list of activities, which if conducted by the institution, will not trigger a physical presence in New Mexico:
- advertising to students whether through print, billboard, direct mail, internet, radio, television or other medium;
- maintaining a server, router or similar electronic service device housed in a facility that otherwise would not constitute physical presence (the presence of a server or similar pass-through switching device does not by itself constitute the offering of a course or program in the state);
- having faculty, adjunct faculty, mentors, tutors, recruiters or other academic personnel residing in New Mexico and working from their homes or another private, non-institutional site, provided that such staff is not engaged in activities that would otherwise constitute physical presence;
- using recruiters in New Mexico if the recruiter has registered as an agent pursuant to Section 21-24-1 through Section 21-21-9 NMSA 1978;
- independent off-campus study or research by students including, independent fieldwork for a thesis or dissertation, by individual students not engaged in a supervised field experience as defined in 5.99.1.11 NMAC and with no supervision or control by the student’s institution; or
- facilitating student participation in off-campus field trips in New Mexico for academic purposes, so long as the field trip does not exceed more than 20 classroom hours in one six‐month period, or the establishment of a residential or instructional facility by the institution in New Mexico.
5.99.1 NMAC - PUBLIC AND PRIVATE POST-SECONDARY INSTITUTIONS OPERATING UNDER THE INTERSTATE DISTANCE EDUCATION ACT:
Does a virtual clinical / internship trigger the requirement for authorization with your agency?
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5: Application Process
Detailed information and application forms can for Licensure, Registration, or Exemption may be accessed at: https://ppsd.smapply.io/
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6: Fees Associated with Authorization
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7: Surety Bonds
Yes
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8: Student Tuition Recovery Fund
No
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9: Tuition Refund Policy
Yes, 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 not required to adopt a refund schedule policy by an accreditor or the United States Department of Education, the institution shall adopt the New Mexico Higher Education Department’s refund schedule policy.
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10: Reporting
Pursuant to New Mexico state regulations, an institution that has been granted New Mexico State Authorization through license, registration or distance education must submit an annual report and shall be charged an administrative fee for filing annual reporting as requested by the New Mexico Higher Education Department. The report includes specific information related to the educational programs offered by the institution in the reporting period.
Annually
Yes, information is included within NMHED’s Annual Report.
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11: Enforcement
Institutions that do not comply with state authorization requirements notified by certified mail that they shall cease immediately to offer such until they obtain a license or exemption from NMHED; NMHED shall initiate appropriate legal action if institutions fail to comply; whoever violates any provision of Chapter 21-23-10 of the Post-Secondary Educational Institution Act may be assessed a civil penalty not to exceed five hundred dollars ($500) per day per violation.
Institutions that do not submit a renewal application, annual report or requested response by or before a listed due date may be assessed up to $500 per day per violation.
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12: Student Complaints - Non-SARA Participating Institutions
NMHED has authority to help facilitate resolution to student complaints, only after the student has utilized all internal complaint procedures at the educational institution. After receiving a Student Complaint Form, NMHED staff will review the form and attachments. NMHED may contact the student via email for additional information or clarification. If the initial review falls within the purview of NMHED we shall attempt to facilitate a resolution to the complaint by sending a copy of the complaint to the institution against which the complaint has been made. All parties will be notified of the outcome of the complaint. Additional information regarding the process is included in the applicable NMAC to the type of authorization held by the institution.
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Student complaints from all types of institutions are handled New Mexico Higher Education Department.
Contact Name: Alicia Armijo
Title: Constituent Services & NM SARA Coordinator
Agency: New Mexico Higher Education Department
Address: 2044 Galisteo Street, Suite 4 Santa Fe, NM 87505-2100
Email: HigherEd.Info@hed.nm.gov
Phone:
URL:
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13: Records Retention
See 5.5.5 NMAC for provisions for public NM institutions, 5.99.2 NMAC for distance education institutions operating under the Interstate Distance Education Act and 5.100.8 for an institution operating under the Post-Secondary Educational Institution Act.
5.5.5. NMAC
CLOSURE AND STUDENT COMPLAINT PROCEDURES FOR PUBLIC INSTITUTIONS
https://www.srca.nm.gov/parts/title05/05.005.0005.html
5.99.2 NMAC
CLOSURE OF A DISTANCE EDUCATION INSTITUTION
https://regulations.justia.com/states/new-mexico/title-5/chapter-99/part-2/
5.100.8 NMAC
CLOSURE OR SUBSTANTIAL CHANGE TO LOCATION UNDER THE POST-SECONDARY EDUCATIONAL INSTITUTION ACT
NMHED currently maintains records from certain closed private postsecondary institutions who have operated a physical site in New Mexico. If another institution is named Custodian of Records, the New Mexico Higher Education Department (NMHED) maintains contact information of the named custodian and general information of the process for accessing records. The information provided to NMHED is available on the “List of Closed Schools” linked the Closed School Transcript Request website page. NMHED requires a fee for requests.
Agency Name: New Mexico Higher Education Department
Contact Person: Annette Mirabal
Contact Phone: (505) 819-7629
Contact Address: 2044 Galisteo Street, Suite 4 Santa Fe, NM 87505-2100
Contact Email: HigherEd.Info@hed.nm.gov
Contact web site: https://hed.nm.gov/students-parents/closed-school-transcripts-requests
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14: Additional Information
If an institution is under the jurisdiction of another state entity such as the New Mexico Regulation and Licensing Department, but would also fall under the jurisdiction of New Mexico Higher Education Department (NMHED), the institution would have to seek exemption from the NMHED licensing or registration requirements.
The New Mexico Regulation and Licensing Department through its Boards and Commissions Divisions provide professional licensure and may have jurisdiction over respective programs and institutions offering such programs. At times an institution may be under both, the oversight of New Mexico Higher Education Department (NMHED) and a board. If the institution is offering programs not falling under the jurisdiction of any particular board or commission responsible for the institution’s oversight, then NMHED is the sole regulatory agency. In all cases, an institution operating a postsecondary educational program must be authorized or explicitly exempted by the New Mexico Higher Education Department.
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Please note: There could be additional state agencies with oversight of activities of your institution.