New Mexico Administrative Code Title 5 - POST-SECONDARY EDUCATION
Here’s an overview of the New Mexico Administrative Code, Title 5 – Post‑Secondary Education, according to official state sources
📘 Title 5 – Post‑Secondary Education: Structure
Chapters Overview (from NMAC & Justia):
Chapter 1 – General Provisions
Chapter 2 – Establishment of Post‑Secondary Institutions
Chapter 3 – Institution Finances
Chapter 4 – Educational Planning (Reserved)
Chapter 5 – Educational Programs
Chapter 6 – Enrollment & Data Reporting
Chapter 7 – Tuition & Financial Aid
Chapter 8 – Cooperative Education (Reserved)
Chapter 9 – Adult Education
Chapters 10–54 – Reserved
Chapter 55 – Public Post‑Secondary General Provisions
12–23. Chapters 56–71 – Individual institutions (e.g., UNM, NMSU, various colleges)—mostly reserved, except for UNM (Ch. 60)
Chapter 99 – Distance Education
Chapter 100 – Private Institutions of Higher Learning
🔍 Selected Chapter Highlights
Chapter 2 – Establishment of Institutions
Part 2 (§5.2.2 NMAC): Defines requirements for establishing post‑secondary institutions, learning centers, or campuses—covering preliminary plans, petitions, surveys, support letters, etc.
Chapter 6 – Enrollment & Data Reporting
Contents: General provisions reserved; data reporting requirements; variable scheduling and enrollment verification parts have been repealed
Chapter 99 – Distance Education
Oversees authorization and complaint processes for out‑of‑state institutions providing distance learning to New Mexico students (although not individually detailed in our sources).
Chapter 100 – Private Institutions
Comprises multiple parts:
Part 5 – Exemption (§5.100.5 NMAC): Defines what counts as “physical presence in NM” and categories eligible for exemption (e.g., religious, employer-based training, tribal institutions, etc.)
Part 6 – Registration (§5.100.6 NMAC): Governs requirements for private degree-granting institutions to register with the NM Higher Education Department, defines physical presence, compliance standards, penalties (up to $500/day per violation), and site visits
Part 7 – Licensure (§5.100.7 NMAC): Applies to non-accredited institutions that seek licensure, detailing application procedures, record-keeping, reporting, site inspections, and evaluation §5.100.7.1–.15 .
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