1. A. By April 16, 2007, each public postsecondary institution offering associate degrees and certificate programs, upon approval of its governing board, shall petition the department to establish a GAR for the institution. The proposed GAR shall consist of all public school districts or portions thereof which are currently part of the local taxing district that supports the institution, or areas outside of its taxing district which the institution has historically served (grandfather clause).
2. B. By May 1, 2007, the department shall assign GARs to each public postsecondary educational institution offering associate degrees and certificate programs in such a manner that all geographic areas of the state are included.

3. C. The department shall consider the following factors, while determining which public school districts are to be assigned to the GAR for each public postsecondary institution:

   (1) boundaries of the current local taxing district, if applicable;

   (2) market share of existing educational services within the proposed GAR as determined through an analysis conducted by the department;

   (3) county boundaries, public K-12 districts or portions thereof that have provided courses and/or programs prior to the implementation of this policy by a two-year institution, i.e. the “grandfathering in” of areas served by a two-year institution outside of its taxing district;

   (4) boundaries of the local small business development center (SBDC) service area shall be given consideration if college level coursework has historically been provided within the assigned SBDC region;

   (5) requested boundaries of the proposed service area outside of the current taxing district; this could include areas in which more than one institution is currently providing services, as well as areas where no services are currently provided.

[5.2.4.8 NMAC - N, 05/01/07]