What does licensing a private postsecondary educational institution mean?
"License" refers to the written acknowledgement from the New Mexico Higher Education Department that an institution has met the requirements for offering a formal educational curriculum. While licensure permits an institution to operate in New Mexico, it is not an approval or endorsement of an institution’s academic program. An institution licensed by the Department may not use terms such as “accredited,” “endorsed,” or “recommended” in reference to its approval by the Department; however, it may use the phrase “licensed by the New Mexico Higher Education Department” in its advertising and promotional literature.
Who should be licensed in New Mexico?
When looking at the meaning of licensure, it is important to understand which types of educational institutions are affected by this requirement.
The term “postsecondary educational institution” includes an academic, vocational, technical, business, professional, or other school, college or university or other organization or person offering curses, instruction, training or education, through correspondence or in person, to any person within New Mexico. In other words, a private career institute offering certificate programs such as medical assistance, midwifery, truck driving, culinary arts, pet grooming, business administration, or any technical occupation would fall under the licensure requirement. The same is true for private colleges and universities offering an associates’ degree and above. Another factor related to licensure requirement is the meaning of “presence” in applicable state rules.
“Presence” is defined as offering courses, programs or degrees on site or from a geographical site in New Mexico or maintaining an administrative, corporate or other address in the state. As a result, an institution offering online courses, from a site in New Mexico is required to be licensed. Also, an out-of state institution, offering programs on site or from a geographical site in New Mexico falls under the licensure requirement.
What is Exemption from Licensure?
The law allows for licensure exemptions if an institution meets specific criteria such as offering a course of instruction provided by an employer of its own employees for training purposes, or an occupational trade or professional school operating pursuant to any New Mexico occupational licensing law. The term “Exemption” means a written acknowledgment by the Department that an institution, organization, or other entity, has met requirements and filed pertinent information as required to provide educational services in New Mexico without regulation by the Department.
Are there consequences for not obtaining a license or exemption status in New Mexico?
Not having a license while offering degrees, course credits, certificates or diplomas can lead to civil penalties of up to $500 per day, per violation of any provision noted in Chapter 21-23-10 of the Postsecondary Educational Institution Act. To operate legally in New Mexico, a private postsecondary institution must obtain one of these official documents: 1) a license or 2) a written acknowledgment of exemption.
Information regarding initial/first-time application for Provisional Approval to Operate (PAO):
Each private postsecondary institution or career school that qualifies as having a “presence” in New Mexico must obtain a license. “Presence” is defined as: offering courses, programs or degrees on site or from a geographical site in New Mexico or from a geographical site in New Mexico or maintaining an administrative, corporate or other address in the state. Please refer to the application forms and rules below.
A. 2016 Provisional Approval to Operate (PAO) Application
B. 2016 Demographic Data Report (required annually)
C. 2016 Surety Bond
This surety bond form must be used and may not be altered in its context.
D. Fee Schedule (Pdf)
E. 5.100.2 NMAC Rule (pdf)
F. Postsecondary Educational Institution Act (Amended 2013)
New Mexico statute pertaining to private institutions with a "presence" in the state.
Initial and Renewal of Licensure:
An institution who has fulfilled two years of Provisional Approval to Operate or has licensed status, the forms required are FY 2016 Initial and Renewal License Application and the annual demographic data report (see below).
Licenses are renewed annually. License renewal applications and supporting document s for fiscal year 2016 are due at NMHED on or before August 1, 2015.
The annual reporting of Demographic Data Report is due August 1, 2015. It may be submitted with the License Renewal application, second year Provisional Approval to Operate application or under separate cover.
G. FY 2016 Initial and Renewal License Application
H. FY 2016 Demographic Data Report (required annually)