Md. Code, Education § 11-101
There is a Maryland Higher Education Commission.
Md. Code, Education, Title 11
Md. Code, Education, Title 11
in effectMd. Code, Education § 11-102
(a) The Commission consists of 12 members appointed by the Governor with the advice and consent of the Senate.
(b) (1) One member of the Commission shall be:
(i) A regularly enrolled student in good standing at a Maryland institution of higher education to which the Commission has issued a certificate of approval under this title or that may operate without a certificate of approval under § 11–202.1 of this title; and
(ii) A resident of Maryland.
(2) To the extent possible, the position of student member shall be rotated among all segments of higher education on an equal basis.
(3) The student member may not be the Chairperson of the Student Advisory Council.
(c) (1) In making appointments to the Commission, the Governor shall consider representation from all parts of the State.
(2) Except as provided in subsection (b) of this section, the members of the Commission shall be residents of the State and shall be appointed from the general public.
(d) (1) (i) Except for the student member, each member of the Commission serves for a term of 5 years and until a successor is appointed and qualifies.
(ii) The student member serves for a term of 1 year, beginning July 1 and ending June 30, and until a successor is appointed and qualifies.
(2) A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.
(e) Except for the student member, a member may be reappointed but may not serve more than 2 consecutive full terms.
(f) Each member of the Commission:
(1) Serves without compensation; and
(2) Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.
(g) During a term of service on the Commission, a member may not be employed, except for the student member as a part-time student employee, by any agency or institution of postsecondary education or be a member of the governing board of any agency or institution of postsecondary education that is subject to the jurisdiction of the Commission.
Md. Code, Education § 11-103
(a) Each year from among the members of the Commission:
(1) The Governor shall designate a chairperson; and
(2) The Commission shall elect other officers as it requires.
(b) (1) The Commission shall meet regularly at such times and places as it determines.
(2) A majority of the members then serving on the Commission shall constitute a quorum for the transaction of business.
(3) No formal action may be taken by the Commission without the approval of a majority of the members of the Commission then serving on the Commission.
(4) The Commission shall make all necessary and proper rules for the transaction of business, and shall keep an accurate and complete record of all meetings.
Md. Code, Education § 11-104
(a) The Governor shall appoint, with the advice and consent of the Senate, a Secretary of Higher Education.
(b) (1) The Secretary shall:
(i) Select, organize, and direct the staff of the Commission;
(ii) Perform the duties the Commission assigns;
(iii) See that the policies and decisions of the Commission are carried out;
(iv) Serve at the pleasure of the Governor; and
(v) Be a member of the Governor’s Executive Council.
(2) (i) After consideration of the recommendations of the Commission, the Governor shall include in the annual budget request the salary for the Secretary.
(ii) The Secretary is entitled to the salary provided in the State budget.
(c) (1) The Secretary may hire the additional staff provided in the State budget.
(2) The Secretary shall have at least one full–time staff member who is responsible for:
(i) Defining, identifying, and compiling data on State and regional workforce needs; and
(ii) Working collaboratively with the Department of Commerce and the Maryland Department of Labor to produce uniform and consistent baseline data, including common sources and measurements, about workforce needs to inform State policies relating to postsecondary education.
(d) (1) Each employee of the Commission shall join the Teachers’ Pension System of the State of Maryland or the Employees’ Pension System of the State of Maryland.
(2) Any employee of the Commission who is determined by the Secretary to hold a professional position may join the optional retirement program under Title 30 of the State Personnel and Pensions Article.
Md. Code, Education § 11-105
(a) (1) In this section, “emerging workforce need program” means a graduate level program identified by the Commission under subsection (c)(2)(i)1 of this section that:
(i) No institution of higher education in the State offers;
(ii) Addresses a job or industry need that is innovative, unique, and rare; and
(iii) Could leverage federal, State, or private resources on a long–term basis with immediate development by an institution of higher education.
(2) “Emerging workforce need program” does not mean a specific academic program identified by the Commission to fulfill or support an identified current State and regional workforce need.
(b) In addition to any other powers granted and duties imposed by this title and subject to any restrictions imposed by law, the Commission has the powers and duties set forth in this section.
(c) (1) The Commission shall coordinate the overall growth and development of postsecondary education in the State.
(2) (i) In consultation with the governing boards and agencies concerned with postsecondary education in the State, the Commission shall develop and periodically update an overall plan consistent with the Charter, known as the State Plan for Higher Education, that shall identify:
1. The present and future needs for postsecondary education and research throughout the State, including current and emerging State and regional workforce needs and any specific academic programs institutions could develop to fulfill or support identified current State and regional workforce needs and any emerging workforce need programs in accordance with subparagraph (iv) of this paragraph;
2. The present and future capabilities of the different institutions and segments of postsecondary education in the State, including any specific academic programs institutions could develop to fulfill or support identified workforce needs; and
3. The long–range and short–range objectives and priorities for postsecondary education and methods and guidelines for achieving and maintaining them.
(ii) The Commission shall ensure that the State Plan for Higher Education complies with the State’s equal educational opportunity obligations under State and federal law, including Title VI of the Civil Rights Act.
(iii) In developing the State Plan for Higher Education, the Commission shall incorporate the goals and priorities for higher education for all public institutions of higher education.
(iv) In identifying State and regional workforce needs and emerging workforce need programs for the State Plan for Higher Education, the Commission shall:
1. Use the uniform and consistent baseline data, including common sources and measurements, about workforce needs developed in collaboration with the Department of Commerce and the Maryland Department of Labor;
2. Consult, as necessary, with other State agencies with unique expertise in specific workforce segments, including the Maryland Longitudinal Data System Center, occupational licensing boards, and national organizations;
3. Use data from resources and literature relating to specific occupations;
4. Provide all institutions of higher education in the State with access to this baseline data; and
5. Consult with each segment of higher education.
(v) The Commission shall update the workforce needs identified in the most recent version of the State Plan for Higher Education each year as an appendix to the Plan and post the update on the Commission’s website.
(3) (i) The Commission shall submit to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly a quadrennial review of the plan by July 1, 2009, and by July 1 of each fourth year thereafter.
(ii) The quadrennial review shall include a report on the status and needs of postsecondary education in the State.
(iii) Beginning with the quadrennial review of the State Plan for Higher Education due by July 1, 2026, and each annual update to the workforce needs as an appendix to the Plan under paragraph (2)(v) of this subsection, the Commission shall submit the proposed plan, or update to the plan, to the Legislative Policy Committee for review and comment before adoption by the Commission.
(4) In the year immediately following the quadrennial review of the State Plan for Higher Education and in accordance with Subtitle 3 of this title, the Commission shall review, negotiate as necessary, and approve the appropriate role, function, and mission of each public institution of postsecondary education in the State.
(5) (i) With respect to the College Park Campus of the University of Maryland, the Commission shall direct the Board of Regents of the University System of Maryland to develop and implement a plan for the enhancement of that campus as the State’s flagship campus with programs and faculty nationally and internationally recognized for excellence in research and the advancement of knowledge.
(ii) With respect to the constituent institutions of the University System of Maryland in the Baltimore region, the Commission shall direct the Board of Regents of the University System of Maryland to maintain and enhance a coordinated Higher Education Center for Research and Graduate and Professional Study in the Baltimore area.
(iii) With respect to Morgan State University, the Commission shall direct the Board of Regents of Morgan State University to develop and implement a plan for the enhancement of that institution and designation as the State’s preeminent public urban research university with the appropriate programs, faculty, and facilities.
(6) The Commission has statewide coordinating responsibility for the community colleges and shall establish general policies for their operation.
(7) The Commission has authority to approve regional higher education centers to operate in the State and has statewide coordinating responsibility for regional higher education centers.
(8) The Commission may distribute strategic incentive funds to an institution of higher education or a regional higher education center to encourage attainment of the goals and priorities set forth in the State Plan for Higher Education.
(9) The Commission has statewide coordinating responsibilities for institutions of higher education to ensure the State achieves the goals established under § 10–205 of this article.
(d) With respect to the community colleges, the Commission:
(1) May provide grants–in–aid for the planning of new community colleges and new programs in existing community colleges;
(2) Shall administer programs of State support and financial assistance for the community colleges;
(3) Shall assist and represent the community colleges in seeking and administering federal money available to them;
(4) May designate any community college instructional program as a statewide or regional program;
(5) Shall ensure that courses and programs offered are within the scope of the mission of the community colleges;
(6) Shall ensure that State funds for community colleges are spent prudently and in accordance with State guidelines;
(7) Shall provide centralized data processing assistance; and
(8) Shall coordinate relationships between the community colleges, the State and county public school systems, and the private high schools to:
(i) Facilitate cooperation among them in the guidance and admission of students to the community colleges; and
(ii) Arrange for the most advantageous use of facilities.
(e) (1) A regional higher education center must be approved by the Commission before the center is authorized to operate in the State.
(2) With respect to the regional higher education centers, the Commission:
(i) May require submission of strategic plans in accordance with guidelines adopted by the Commission;
(ii) May provide grants to regional higher education centers for ongoing operating expenses and lease payments in accordance with the funding formula in paragraph (4) of this subsection;
(iii) Shall administer programs of State support and financial assistance for the regional higher education centers;
(iv) Shall assure that courses and programs offered are within the scope of the approved missions of the regional higher education centers and specifically satisfy the criteria set forth in § 10–212(b) of this article; and
(v) Except as provided in paragraph (3) of this subsection, shall assure that State funds for the regional higher education centers are:
1. Spent prudently and in accordance with State guidelines; and
2. Consistent with the State Plan for Higher Education and the approved mission statements of the regional higher education centers.
(3) With respect to the regional higher education centers administered by the University System of Maryland, the University System of Maryland shall assure that State funds for the regional higher education centers are spent prudently and in accordance with State guidelines.
(4) (i) 1. In this paragraph the following words have the meanings indicated.
2. “Degree–seeking student” means a student enrolled in a 2+2, baccalaureate, master’s, or doctoral degree program at a regional higher education center.
3. “2+2 program” means a collaborative program between a community college and a 4–year university that leads to a bachelor’s degree.
(ii) As funding is provided in the annual State budget, the Commission shall calculate the amount of the annual apportionment for each regional higher education center administered by the Commission using the following funding formula:
1. A base allocation for each center of $200,000;
2. Incentive funding for degree–seeking, full–time equivalent students that is tied to the inflation–adjusted fiscal year 2005 General Fund appropriations per full–time equivalent student at the Universities at Shady Grove;
3. Lease funding for centers with leased space that have not received State capital funding support; and
4. Special funding for one–time projects or start–up costs.
(iii) The Commission shall adopt regulations to implement the funding formula in this paragraph.
(f) (1) The Commission is the State Postsecondary Education Commission under Title XII of the Higher Education Act of 1965.
(2) The Commission is the State approving agency for purposes of implementing educational benefit programs administered by the U.S. Department of Veterans Affairs.
(3) The Commission is responsible for receiving and allocating federal funds that, under federal law or regulation, must be allocated among segments by a statewide authority.
(g) (1) The Commission is responsible for:
(i) Developing a program of desegregation and equal educational opportunity, including developing an enhancement plan, for historically African American colleges and universities;
(ii) Monitoring the progress made under, and assuring compliance with, the goals, measures, and commitments contained in the desegregation and equal education opportunity plan;
(iii) Making recommendations concerning needed resources for achieving the goals and objectives under this subsection;
(iv) Requiring reports from each governing board concerning progress toward equal opportunity in all activities and programs under its jurisdiction; and
(v) Reporting to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly regarding the progress of compliance with desegregation and equal education opportunity plans.
(2) In carrying out its responsibilities under this subsection, the Commission may:
(i) Designate a division or office to coordinate and monitor the equal opportunity activities of public institutions of higher education in the State;
(ii) Require the governing boards of public institutions of higher education to submit plans, reports, and data, in the format and using such forms as the Commission prescribes; and
(iii) Evaluate the effectiveness of institutional efforts and methods.
(h) The Commission shall:
(1) Administer State funds for private nonprofit institutions of higher education in the State; and
(2) Assure that the purposes for which these funds were appropriated are achieved.
(i) The Commission:
(1) May secure, compile, and evaluate information on any matter within its authority, in the format it requires, from any person, agency, regional higher education center, or institution subject to its authority;
(2) May engage in research, data compilation, and publication of reports concerning postsecondary education in the State;
(3) Through its representatives, may visit at any reasonable times and make reasonable inspections of any institution of postsecondary education or regional higher education center subject to its authority;
(4) In consultation with the segments of higher education, shall develop guidelines to assess the adequacy of operating and capital funding based on comparisons with institutions designated as peer institutions and other appropriate factors; and
(5) In consultation with the Department of Budget and Management, annually shall make recommendations consistent with the Charter and the plan under subsection (c) of this section on the appropriate level of funding for higher education.
(j) (1) On or before a date set by the Commission, each of the following governing boards and agencies shall submit to the Commission its annual operating budget requests and proposals for capital projects, by constituent institutions and affiliated regional higher education centers for the next fiscal year:
(i) The Board of Regents of the University System of Maryland;
(ii) The Board of Regents of Morgan State University;
(iii) The Board of Trustees of St. Mary’s College of Maryland;
(iv) The State Advisory Council for Title I of the Higher Education Act of 1965;
(v) The Board of Trustees of Baltimore City Community College;
(vi) The Board of the Maryland Higher Education Investment Program; and
(vii) The governing body of each regional higher education center.
(2) In consultation with the Department of Budget and Management, the Commission shall present to the Governor, on or before a date set by the Governor, and simultaneously submit a copy to the General Assembly, a consolidated operating and capital budget for higher education that includes the operating and capital budget requests of the governing boards and institutions listed in paragraph (1) of this subsection, the operating budget request of the Commission, a report on the current funding of the adopted sets of peer institutions, and recommendations regarding the funding of higher education.
(3) In cooperation with the Department of Budget and Management, and without affecting the authority or responsibility of the Department under the State Finance and Procurement Article, the Commission shall:
(i) Review proposals for capital projects and improvements proposed by the public institutions of higher education in this State, by the Maryland Independent College and University Association, and by the regional higher education centers; and
(ii) Develop and submit to the Governor and the General Assembly recommendations as to these projects, which shall be consistent with the State Plan for Higher Education provided for in this section.
(4) In submitting recommendations pursuant to paragraph (2) of this subsection, the Commission shall comment on the overall level of funding for higher education in order to achieve the goals established in the State Plan for Higher Education, and may comment regarding funding priorities among segments of higher education and, within public senior higher education, among institutions. In reviewing the various budgets and submitting recommendations thereon, the Commission:
(i) May not require, of any segment or institution, a detailed budget presentation that tends to duplicate other presentations required in the budget process;
(ii) As to the funding priority of any institution, may comment only on the entity as a whole and not on any separate unit of the institution; and
(iii) As to the operating and capital budgets of the Board of Regents of the University System of Maryland and the Board of Regents of Morgan State University:
1. May review and comment only within the broad context of the State Plan for Higher Education; and
2. May not recommend against a budget item approved by the Board of Regents unless the item is clearly inconsistent with the State Plan for Higher Education.
(5) (i) In this paragraph, “higher education” means:
1. The University System of Maryland;
2. Morgan State University;
3. St. Mary’s College of Maryland;
4. All funding for the Maryland Higher Education Commission, including the funding of:
A. The Joseph A. Sellinger Program;
B. The Senator John A. Cade Funding Formula;
C. Fringe benefits provided under aid to community colleges; and
D. All scholarship and grant programs administered by the Commission; and
5. Baltimore City Community College.
(ii) It is the intent of the General Assembly that, barring unforeseen economic conditions, the Governor shall include in the annual budget submission for fiscal year 2000 and each year thereafter, an amount of General Fund State support for higher education equal to or greater than the amount appropriated in the prior year.
(iii) It is the goal of the State that General Fund and capital State support for higher education be funded annually in amounts that are no less than the following percentages of total General Fund State revenues:
1. 12.5 percent in fiscal year 2000;
2. 13.5 percent in fiscal year 2001;
3. 14.5 percent in fiscal year 2002;
4. 15 percent in fiscal year 2003; and
5. 15.5 percent in fiscal year 2004.
(k) (1) In this subsection, “community college” includes the Carroll County Community College and the Calvert County and St. Mary’s County branch campuses of the College of Southern Maryland established under the authority granted by § 16–103(l) of this article, and does not include the Baltimore City Community College.
(2) The Commission shall administer the general public junior or community college and regional community college construction program in accordance with this section and regulations approved by the Board of Public Works.
(3) (i) Whenever a county desires, or whenever the counties that support a regional community college desire, to participate in the financial assistance provided by the State for the general public junior or community college and regional community college construction program, the jurisdiction or jurisdictions shall file with the Commission a petition and such information as the Commission requires, together with a complete proposal for each project for which financial assistance is desired.
(ii) The Commission shall submit to the Department of Budget and Management a copy of each petition and project proposal.
(4) On receipt of the recommendations of the Department of Budget and Management on each petition and project proposal, the Commission shall make a written report to the Board of Public Works describing the request or requests for financial assistance received and recommending a disposition for each request.
(5) The Board of Public Works shall approve each grant and shall certify the amount of the grant to the Treasurer and the Comptroller. The Comptroller shall issue a warrant to the Treasurer to pay the grant to or on behalf of the petitioning jurisdiction or jurisdictions, when needed, for design and construction or the acquisition of real property or interests in land. The decision of the Board of Public Works shall be in such form as the Board deems advisable and shall be final and conclusive.
(6) The amount of the grant shall be a percentage of total design and construction costs, including site acquisition and development costs, as follows:
(i) For a regional community college established under § 16–202 of this article, 75 percent; or
(ii) For a public junior or community college that is not a regional community college, the greater of:
1. A percentage equal to that percentage of the foundation program that the State pays to the petitioning jurisdiction under § 5–202(b) of this article up to a maximum of 70 percent; or
2. 50 percent.
(7) The Commission shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article concerning the administration of the general public junior or community college and regional community college construction program.
(l) Subject to the provisions in Subtitle 2 of this title, the Commission may:
(1) Review any educational program offered at an institution of postsecondary education; and
(2) Establish guidelines relating to matters of general educational policy.
(m) Subject to the provisions of Title 18 of this article, the Commission shall administer the various scholarship, grant–in–aid, and tuition assistance programs established by law.
(n) (1) Subject to paragraph (2) of this subsection, the Commission shall administer existing programs for interstate and regional cooperation, including reciprocity agreements on matters that affect postsecondary education, and may propose such new programs as it deems appropriate to the educational needs of the State.
(2) (i) This paragraph shall apply only to a public institution of higher education.
(ii) In order to provide higher educational opportunities at minimum cost to students and the State, the Commission is authorized to participate in the Southern Regional Education Board Interstate Agreement, also known as the Academic Common Market, to provide an opportunity for qualified nonresident students to enroll in selected programs and curricula on a resident tuition and fee charge basis.
(iii) Notwithstanding any other provision of this article, the Commission is specifically authorized to create guidelines for the waiver of the collection of nonresident tuition and fee charges for students from other states that are enrolled in programs and curricula approved by the Commission as part of a regional or interstate agreement.
(iv) Before participating in any interstate agreement under this subsection, the Commission shall consult with:
1. The Board of Regents of the University System of Maryland;
2. The Board of Regents of Morgan State University;
3. The Board of Trustees of St. Mary’s College of Maryland; and
4. The affected community colleges.
(v) Any interstate reciprocal agreement entered into by the Commission involving the states of Pennsylvania and West Virginia shall supersede the provisions of § 16–310 of this article to the extent that the provisions of § 16–310 of this article are inconsistent with the reciprocal interstate agreement.
(3) The Commission is authorized to participate in the State Authorization Reciprocity Agreement (SARA).
(o) Subject to the provisions of § 11–401 of this title, the Commission shall serve as the repository for records of defunct institutions of postsecondary education.
(p) (1) The Commission may require an application or renewal fee from an institution of postsecondary education seeking:
(i) Certification to operate in the State;
(ii) An exemption from certification to operate in the State under § 11–202.1(b) of this title; or
(iii) Except for actions relating to programs offered at a regional higher education center, approval of any academic program action taken under Subtitle 2 of this title.
(2) (i) The revenues from application and renewal fees shall be distributed to a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(ii) Subject to subparagraph (iii) of this paragraph, the special fund may be used only to carry out the provisions of Subtitle 2 of this title.
(iii) At the end of each fiscal year, any amount in excess of $100,000 shall revert to the General Fund.
(iv) Any investment earnings of the fund shall be credited to the General Fund.
(3) Subject to the provisions of § 11–203 of this title, the Commission may require bonds or other financial guaranties from institutions of postsecondary education seeking certification or recertification to operate in the State.
(q) Subject to the provisions of § 11–402 of this title, the Commission shall regulate the solicitation of students by institutions of postsecondary education.
(r) The Commission shall recommend to the Governor and General Assembly appropriate revisions to the Charter.
(s) The Commission shall arbitrate to resolve differences among the segments of higher education in the State.
(t) The Commission shall establish and maintain a higher education information system for planning, coordination, and evaluation purposes.
(u) The Commission shall assist the Maryland Department of Health in implementing the vaccination requirements adopted under § 18–102(c) of the Health – General Article.
(v) The Commission may adopt any rule or regulation necessary to carry out its powers and duties.
(w) The Commission shall perform any other duty delegated to it in accordance with law.
(x) (1) Each open meeting of the Commission shall be made available to the public through live video streaming.
(2) The Commission shall make publicly available on the Internet a complete, unedited archived video recording of each open meeting for a minimum of 5 years after the date of the meeting.
(y) (1) On or before July 1, 2025, the Commission shall design and implement a unified scholarship application that, on completion, will result in the applicant applying for all of the centralized scholarship programs available in the Commission.
(2) The unified scholarship application shall:
(i) Be:
1. Available in multiple languages; and
2. Mobile accessible, including the ability for a student to upload documents from the student’s phone;
(ii) Include:
1. An electronic inbox that allows a student to see all communications sent to the student in one place;
2. A display that shows in an accessible and clear manner all required documents and the student’s progress in completing those documents;
3. The ability for a student to electronically sign all documents;
4. An integration of a student’s tax information from the Comptroller authorized under § 13–203(c)(12) of the Tax – General Article;
5. A way to contact the Commission with any questions for a timely answer; and
6. Videos and guidance to explain the application process.
Md. Code, Education § 11-106
(a) (1) The Commission shall establish:
(i) A Faculty Advisory Council;
(ii) A Student Advisory Council;
(iii) A Segmental Advisory Council;
(iv) A Financial Assistance Advisory Council;
(v) A Maryland Digital Library Advisory Council;
(vi) A Private Career School Advisory Council; and
(vii) A Program Review Process Advisory Council.
(2) These Councils shall meet periodically for the purpose of reviewing such matters as are referred by the Commission or the Secretary for their consideration and advice.
(3) The Councils may make reports and recommendations to the Commission.
(b) (1) The Commission may appoint continuing advisory committees that represent various groups in the higher education community.
(2) Advisory committees may make recommendations to the Commission on matters of statewide importance that affect their constituencies.
Md. Code, Education § 11-107
(a) The Commission may authorize the Secretary, acting through the Attorney General, to seek an injunction or other judicial remedy for any violation of this title or of the rules and regulations adopted under this title.
(b) (1) If an institution of postsecondary education is required to have a certificate of approval from the Commission and is operating without a certificate of approval, the Secretary may:
(i) Issue an order to cease and desist;
(ii) Issue a notice of violation and impose a penalty of up to $5,000; and
(iii) Acting through the Attorney General, seek an injunction or other judicial remedy.
(2) In imposing a penalty under this subsection, the Secretary shall consider:
(i) The seriousness of the violation;
(ii) The harm caused by the violation;
(iii) The good faith of the institution and any corrective actions taken;
(iv) Any history of previous violations; and
(v) Other pertinent circumstances.
(c) For any institution of postsecondary education required to have Commission approval before offering a program, if the institution offers an unapproved program, the Secretary may require the institution to refund all tuition and fees paid by students who enrolled in the program, and may revoke the certificate of approval of any institution that fails to make a required refund within the time specified by the Secretary.
(d) If an institution of postsecondary education does not file all essential records of the academic achievement of a former student with the Commission in accordance with § 11–401 of this title, the Secretary may:
(1) Require the institution to refund all tuition and fees paid by the former student whose records were not filed in accordance with § 11–401 of this title; or
(2) Seek an injunction in accordance with subsection (a) of this section.
(e) The remedies provided in this section are in addition to any other remedies provided by law.
Md. Code, Education § 11-108
(a) There is an Access to Mental Health Advisory Committee.
(b) The Committee consists of the following members:
(1) The Secretary of Higher Education, or the Secretary’s designee;
(2) The Chancellor of the University System of Maryland, or the Chancellor’s designee;
(3) The President of St. Mary’s College of Maryland, or the President’s designee;
(4) The President of Morgan State University, or the President’s designee;
(5) The Executive Director of the Maryland Association of Community Colleges, or the Executive Director’s designee;
(6) The President of the Maryland Independent College and University Association, or the President’s designee;
(7) Two Directors of the University System of Maryland Institution Mental Health Counseling Centers, appointed by the Chancellor;
(8) Two University System of Maryland Institution clinical psychologists, appointed by the Chancellor;
(9) Two licensed clinical social workers with campus–based clinical experience, appointed by the Secretary;
(10) Two behavioral health counselors from a community college, appointed by the Executive Director of the Maryland Association of Community Colleges;
(11) A behavioral health counselor from a nonpublic institution of higher education in the State, appointed by the President of the Maryland Independent College and University Association;
(12) Two University System of Maryland student representatives:
(i) One student who is a member of a mental health advocacy group; and
(ii) One student who has accessed, or is eligible to access, mental health services at the institution; and
(13) One student representative enrolled in St. Mary’s College of Maryland, Morgan State University, a community college, or a nonprofit institution of higher education in the State.
(c) (1) The Committee shall elect a chair from among its members.
(2) The Committee may elect other officers as determined by the Committee.
(d) The staff for the Committee shall be provided on a rotating basis by the institutions of higher education that have members on the Committee.
(e) The Committee shall meet six times per year.
(f) A member of the Committee:
(1) May not receive compensation as a member of the Committee; but
(2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(g) The Committee shall:
(1) Study the policies and procedures adopted by institutions of higher education in the State regarding access to mental health care and the prevention and treatment of mental illness in students;
(2) Examine the challenges for institutions of higher education in meeting the demand for mental health services;
(3) Review best practices for accessing off–campus mental health services;
(4) Review best practices for, and barriers to, the implementation of counseling services, including crisis, personal, mental health, sexual violence, and substance abuse counseling;
(5) Review and identify the best models for providing mental health services, including stand–alone centers, centers with integrated student health services, comprehensive services, case management, and crisis resources;
(6) Identify concerns in rural areas and workforce shortage areas;
(7) Make recommendations regarding:
(i) Ways to reduce costs and barriers to providing access to mental health services on campus;
(ii) The use of telemedicine and video conferencing in the provision of mental health services;
(iii) The use of hotlines and other means to disseminate to students information related to mental health services on and off campus, including information concerning availability and fees; and
(iv) The implementation of general mental health counseling services and specialized counseling services; and
(8) Study and make recommendations regarding any other matters the Committee considers appropriate.
(h) On or before December 1, 2023, the Committee shall report its findings and recommendations to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee, the Senate Education, Energy, and the Environment Committee, the House Ways and Means Committee, and the House Appropriations Committee.
Md. Code, Education § 11-201
The Commission shall establish minimum requirements for issuing certificates, diplomas, and degrees by institutions of postsecondary education.
Md. Code, Education § 11-202
(a) (1) Except as provided in § 11–202.1 of this subtitle, an institution of postsecondary education may not commence or continue to operate, do business, or function without a certificate of approval from the Commission.
(2) Except as provided in §§ 11–202.1 and 11–202.2 of this subtitle, an institution of higher education that enrolls Maryland students in a fully online distance education program in the State may not commence or continue enrollment of Maryland students without registering with the Commission as provided under § 11–202.2 of this subtitle.
(3) An institution required to register under paragraph (2) of this subsection that is not accredited by an accrediting body recognized and approved by the United States Department of Education may not receive a registration from the Commission.
(b) The Commission shall issue a certificate of approval to an institution of postsecondary education if it finds that:
(1) The facilities, conditions of entrance and scholarship, and educational qualifications and standards are adequate and appropriate for:
(i) The purposes of the institution; and
(ii) The programs, training, and courses to be offered by the institution; and
(2) The proposed programs to be offered by the institution meet the educational needs of the State.
(c) (1) If the Commission believes that an institution of postsecondary education that applies for a certificate of approval does not meet the conditions or standards necessary for the issuance of the certificate, the Commission shall give the institution written notice of the specific deficiencies.
(2) (i) Within 20 days of receipt of a notice of deficiencies, the institution may request a hearing before the Commission.
(ii) Within 60 days of receipt of the request the Commission shall hold a hearing to determine if the certificate of approval should be issued.
(3) If, within 6 months from the date on which the application for certification was submitted to the Commission, the institution has received neither a certificate of approval under subsection (b) of this section nor written notice of deficiencies under this subsection, the institution may request within 20 days a hearing before the Commission to determine if the certificate of approval should be issued.
(c–1) (1) If the Commission believes that an institution of higher education that is required to register under subsection (a)(2) of this section or § 11–202.2 of this subtitle does not meet the conditions or standards necessary for the issuance of the registration, the Commission shall give the institution written notice of the specific deficiencies within 6 months after receipt of an application for registration.
(2) (i) Within 20 days after receipt of a notice of deficiencies, the institution may request a hearing before the Commission.
(ii) Within 60 days after receipt of the request for a hearing under subparagraph (i) of this paragraph, the Commission shall hold a hearing to determine if the registration should be issued.
(3) (i) If, after 6 months from the date on which the application for registration was submitted to the Commission, the institution has received neither a registration nor written notice of deficiencies under this subsection, the institution may request a hearing within 20 days before the Commission.
(ii) Within 60 days after receipt of the request for a hearing under subparagraph (i) of this paragraph, the Commission shall hold a hearing to determine if the registration should be issued.
(4) After a hearing held under this subsection, the Commission shall render a decision within 30 days.
(d) (1) Any institution of postsecondary education that is denied a certificate of approval by the Commission after a hearing granted under subsection (c) of this section or any institution of higher education that is denied a registration after a hearing granted under subsection (c–1) of this section has the right to judicial review provided by Title 10, Subtitle 2 of the State Government Article.
(2) The decision of the Commission shall be presumed correct, and the institution has the burden of proving otherwise.
(3) The Commission shall be a party to the proceeding.
Md. Code, Education § 11-202.1
§11–202.1.
(a) A private nonprofit institution of higher education operating under a charter granted by the General Assembly may operate without a certificate of approval from the Commission.
(b) (1) Subject to the requirements imposed by this section, and except as prohibited in paragraph (2) of this subsection, a religious educational institution may operate without a certificate of approval from the Commission and may enroll Maryland students in a fully online distance education program in the State without a registration from the Commission if the institution:
(i) Is established for religious educational purposes;
(ii) Provides educational programs only for religious vocations or purposes;
(iii) Offers only sectarian instruction designed for and aimed at individuals who hold or seek to learn the particular religious faiths or beliefs taught by the institution; and
(iv) States on the certificate or diploma the religious nature of the award.
(2) A religious educational institution that is accredited by an accrediting body recognized by the United States Department of Education may not operate without a certificate of approval from the Commission.
(c) Each religious educational institution authorized to operate without a certificate of approval or without a registration under subsection (b) of this section:
(1) Shall submit to the Commission, every 2 years, a renewal application that includes a financial statement reviewed by an independent accountant retained by the institution and a copy of the current catalog of courses; and
(2) May not commence or continue to operate, do business, or function unless the Commission determines on the basis of the financial statement submitted by the institution that the institution possesses adequate financial resources to support the institution’s educational program.
(d) The Commission shall adopt regulations establishing procedures and standards for the submission and evaluation of the application for exemption, renewal application, and reports and financial statements submitted by religious educational institutions.
(e) A religious educational institution seeking to operate without a certificate of approval under subsection (b) of this section that is denied the right to operate has the right to judicial review as provided by the Administrative Procedure Act.
(f) Nothing in this section precludes a religious educational institution authorized to operate without a certificate of approval under subsection (b) of this section from seeking a certificate of approval from the Commission.
(g) A religious educational institution authorized to operate without a certificate of approval under subsection (b) of this section shall disclose on all transcripts, catalogs, advertisements, and publications of the institution that the institution does not have a certificate of approval from the Commission.
(h) With regard to a religious educational institution authorized to operate without a certificate of approval under subsection (b) of this section, a person may not:
(1) Make a statement, whether verbal or written, that the institution is approved by, or has a certificate of approval from, the Commission, including a statement on any certificate, diploma, academic transcript, or other document issued by the institution or in any advertisement or publication, or on a website; or
(2) Enroll a student in the institution unless, before enrollment, the person gives written notice to and obtains a written acknowledgment from the student that:
(i) The institution’s instructional program is only designed for and aimed at persons who hold or seek to learn the particular religious faith or beliefs of the church or religious institution, and provides only educational programs for religious vocations or purposes;
(ii) An institution of higher education is not required to accept for transfer credits earned at the institution;
(iii) An institution of higher education is not required to recognize an award earned at the institution;
(iv) A potential employer may determine that an award earned at the institution does not meet minimum educational requirements for employment;
(v) With respect to a religious counselor program, State licensing boards are not required to recognize the program as a prerequisite of licensure; and
(vi) If applicable, the institution:
1. Is not accredited; or
2. Is accredited by an accrediting body that is not recognized by the United States Department of Education.
(i) The written acknowledgment obtained from a student under subsection (h) of this section shall be:
(1) In a form approved by the Commission;
(2) Signed by both the student and a representative of the institution; and
(3) Permanently retained in the student’s file by the institution.
(j) A person who violates subsection (g), (h), or (i) of this section is liable for a penalty of up to $5,000 for each violation.
Md. Code, Education § 11-202.2
§11–202.2.
(a) (1) In this subtitle the following words have the meanings indicated.
(2) “Fully online distance education program in the State” means a program, originating outside the State, offered by an out–of–state institution in which:
(i) A student domiciled in Maryland enrolls;
(ii) 51% or more of the program is offered through electronic distribution; and
(iii) The Commission determines that the portion of the program offered at a location in the State, if any, does not require a certificate of approval under § 11–202 of this subtitle for the institution to operate in the State.
(3) “Out–of–state institution” means an institution of higher education whose primary campus exists outside Maryland and whose authority to grant degrees is conferred by another state.
(b) (1) An institution of higher education that enrolls Maryland students in a fully online distance education program in the State shall file an application to register with the Commission before or within 3 months of enrolling the first Maryland student.
(2) This section does not apply to an institution of higher education that enrolls Maryland students in a fully online distance education program in the State that:
(i) Is subject to program review by the Commission under § 11–206 or § 11–206.1 of this subtitle;
(ii) Participates in the Southern Regional Education Board’s Electronic Campus; or
(iii) Participates in the State Authorization Reciprocity Agreement (SARA).
(3) (i) After filing an application under paragraph (1) of this subsection, an institution that has enrolled a Maryland student before obtaining a registration under this section may continue to operate without a registration while the Commission considers the institution’s application, conducts a hearing concerning the institution’s application, or participates in judicial review regarding an institution’s application.
(ii) An institution that continues to operate without a registration under subparagraph (i) of this paragraph shall furnish a performance bond or other form of financial guarantee to the State in an amount set by regulation that is in addition to and separate from a performance bond or other form of financial guarantee required under § 11–203 of this subtitle.
(c) Each institution of higher education required to register under this section shall:
(1) Be accredited by an accrediting body recognized and approved by the United States Department of Education;
(2) Submit to the Commission:
(i) Every 2 years, a financial statement reviewed by an independent accountant retained by the institution;
(ii) An affidavit from the president or chief executive officer of the institution affirming:
1. That the institution has not filed for bankruptcy protection under Title 11 of the United States Code during its existence; and
2. The willingness of the president or the chief executive officer to abide by the provisions of this section;
(iii) Proof of good business standing in the state in which the central administration of the institution is incorporated; and
(iv) Proof of good academic standing submitted by:
1. The regulatory higher education entity in the state in which the central administration of the institution is located; or
2. If the state in which the institution is located does not have a regulatory higher education entity, the accrediting body that accredited the institution;
(3) Promptly notify the Commission of a change in ownership or a change in majority control;
(4) Comply with the Principles of Good Practice for distance education established by the Commission through regulation;
(5) Make public and post on the institution’s website:
(i) Whether the institution is registered in Maryland; and
(ii) The process by which to make complaints against the institution;
(6) Comply with the refund policy and procedures established by the Commission; and
(7) Be subject to complaint investigation by the Office of the Attorney General or the Commission or both.
(d) The refund policy and procedures established by the Commission shall allow for:
(1) (i) At least 2 weeks of required orientation or preenrollment instruction in a fully online distance education program in the State at no charge for a student who has completed less than 24 credits of college–level learning from an accredited institution; and
(ii) A prorated refund methodology that provides a refund to any student not covered by item (i) of this item who has completed 60% or less of a course, term, or program within the applicable billing period; or
(2) A prorated refund methodology that provides a refund to any student who has completed 60% or less of a course, term, or program within the applicable billing period.
(e) (1) Subject to paragraph (2) of this subsection, the Commission shall require the payment of a fee set by regulation, as a condition of registration.
(2) (i) Subject to subparagraph (ii) of this paragraph, the fees charged shall be:
1. A fixed amount for all institutions regardless of type, location, or student enrollment; and
2. Set to cover the approximate cost of implementing a system of registration.
(ii) Notwithstanding subparagraph (i) of this paragraph, the Commission may charge an institution that enrolls not more than 20 Maryland students a fee that is less than the amount of the fee charged to other institutions.
(f) The Commission shall make public and post on its website:
(1) A list of registered institutions of higher education that offer fully online distance education programs in the State; and
(2) If the Commission denies or revokes the registration of an institution, the name of the denied or revoked institution.
(g) On or before December 1 each year, the Commission shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly:
(1) The number of institutions of higher education that apply for registration under this section;
(2) The type and size of the institutions that apply;
(3) The number of institutions approved for registration;
(4) The number of institutions denied registration;
(5) The number of Maryland students enrolled in institutions required to register under this section;
(6) The results of the requirements of § 11–202.3 of this subtitle;
(7) The number of institutions found to be in violation of the requirement to register under this section;
(8) Any fines imposed, and in what amounts, on institutions that violate this section; and
(9) Any fine revenues collected from institutions for violation of this section.
Md. Code, Education § 11-202.3
§11–202.3.
At least twice a year, the Commission shall peruse federal databases and other information sources to determine whether there are Maryland students who are enrolled in a fully online distance education program offered by an institution of higher education that is required to register with the Commission under § 11–202.2 of this subtitle, but that has failed to register with the Commission.
Md. Code, Education § 11-203
(a) (1) Subject to paragraph (2) of this subsection, the Commission may require any institution of postsecondary education that is required to obtain a certificate of approval or an institution of higher education that is required to register under § 11–202.2 of this subtitle to furnish a performance bond or other form of financial guarantee for either the certificate of approval or the registration to the State conditioned that the institution will:
(i) Perform faithfully all agreements or contracts it makes with its students; and
(ii) Comply with this article.
(2) In addition to and separate from the requirements of subsection (d)(4) of this section, the Commission shall require each private career school and for–profit institution of higher education that operates in the State, and each for–profit institution of higher education that is required to register with the Commission under § 11–202.2 of this subtitle, to furnish a performance bond or irrevocable letter of credit in an amount equal to the school’s or institution’s non–Title IV adjusted gross tuition and fees for the prior July 1 through June 30.
(b) (1) Except as provided under subsection (a)(2) of this section and subject to paragraph (2) of this subsection, any bond or guarantee required under this section shall be in the form and amount the Secretary requires.
(2) A performance bond or irrevocable letter of credit required under this section shall be between the surety and the Commission.
(c) (1) The total liability of a surety on a bond or guarantee under this section may not exceed the amount of the bond or guarantee.
(2) If the total amount of claims filed against a bond or guarantee exceeds the amount of the bond or guarantee, the surety shall pay the amount of the bond or guarantee to the Secretary for distribution to the claimants.
(d) (1) By regulation, the Commission:
(i) May create and provide for the operation of two separate guaranty funds for:
1. For–profit institutions of higher education; and
2. Private career schools; and
(ii) May create and provide for the operation of a guaranty fund for institutions of higher education that are required to register under § 11–202.2 of this subtitle.
(2) (i) The for–profit institutions of higher education fund and the private career school fund shall be used:
1. In the event of a school closure by a for–profit institution of higher education or a private career school, to provide a full refund of tuition and fees incurred by a student that have not been reimbursed or discharged;
2. Subject to paragraph (3) of this subsection, to provide a refund, as determined by the Secretary, of tuition and fees incurred by a student that have not been reimbursed or discharged, if a for–profit institution of higher education or a private career school fails to:
A. Perform faithfully any enrollment agreement or contract with the student; or
B. Comply with any provisions of this article; or
3. For any other reason directly related to the original purpose of the fund deemed appropriate by the Secretary.
(ii) 1. The fund for institutions of higher education that are required to register under § 11–202.2 of this subtitle shall be used to reimburse any student at any of these institutions who is entitled to a refund of tuition and fees because the institution has failed to perform faithfully any agreement or contract with the student or failed to comply with any provision of this article.
2. A. After 3 years of claims history during which no claim against the fund has been sustained on behalf of a Maryland student participating in a fully online distance education program offered in the State by an institution registered under § 11–202.2 of this subtitle, the Commission shall exempt that institution from the requirement to contribute to the fund.
B. Notwithstanding subsubsubparagraph A of this subsubparagraph, an institution shall be required to contribute to the fund following a claim against the fund being sustained on behalf of a Maryland student participating in a fully online distance education program offered in the State by the institution.
3. Notwithstanding subsubparagraph 2 of this subparagraph, a student who takes courses from an institution exempted from contribution to the fund under subsubparagraph 2 of this subparagraph may make a claim against the fund in accordance with subsubparagraph 1 of this subparagraph.
(iii) 1. The funds shall be continuing, nonlapsing funds, not subject to § 7–302 of the State Finance and Procurement Article.
2. Any unspent portions of the funds may not be transferred or revert to the General Fund of the State, but shall remain in the funds to be used for the purposes specified in this subsection.
3. No other State money may be used to support the funds.
(iv) The Commission shall be subrogated to and may enforce the claim of any student to the extent of any actual or authorized reimbursement from the funds.
(3) (i) Subject to subparagraph (ii) of this paragraph, a student shall follow the complaint process of the institution before making a claim under paragraph (2)(i)2 of this subsection to a guaranty fund established under this section.
(ii) If an institution does not respond within 30 days after the receipt of a complaint filed under subparagraph (i) of this paragraph, the student may make a claim to a guaranty fund established under this section.
(4) (i) Each for–profit institution of higher education or private career school that is required to obtain a certificate of approval and, subject to paragraph (2)(iii)2 of this subsection, each institution of higher education required to register under § 11–202.2 of this subtitle shall pay an annual fee into the appropriate fund.
(ii) The Commission shall determine the amount of the fee based on the probable amount of money needed for the funds for each fiscal year. If the money in the guaranty funds is insufficient to satisfy duly authorized claims, the participating institutions may be reassessed and shall pay the additional amounts required.
(iii) The Commission may not issue a certificate of approval or registration to, and shall revoke any certificate of approval or registration previously issued to, an institution that fails to pay any annual fee or reassessment.
(iv) The Commission shall deposit into the appropriate fund any penalty assessed against a for–profit institution of higher education, institution of higher education required to register under § 11–202.2 of this subtitle, or private career school, respectively, under the terms of § 11–204 of this subtitle.
(5) (i) The funds shall be maintained by the State Comptroller who may deposit the assets of the funds in any manner that is consistent with the purposes of the funds.
(ii) All interest or other return on fund investments shall be credited to the funds.
(6) The Commission, through the Attorney General, may enforce any claim to which the Commission has been subrogated under this subsection.
(e) (1) An institution that closes one or more programs in a manner that is a disorderly closure as defined in § 11–211 of this subtitle is in violation of the enrollment agreement or other contract with a student enrolled at the time of the closure.
(2) (i) A Maryland student enrolled in an institution within 120 days before the date of the disorderly closure shall be entitled to reimbursement from the performance bond or irrevocable letter of credit of all non–Title IV tuition and fees paid to the institution.
(ii) Reimbursement made under subparagraph (i) of this paragraph shall be issued to all Maryland students, including those who transfer to another institution.
(3) The Commission shall adopt regulations to carry out the provisions of this subsection.
(f) On or before December 1 each year, the Commission shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, regarding:
(1) The number of claims made against each guaranty fund established under this section;
(2) The type, size, and program of the institutions against which the claims are made;
(3) The reason for the claim, including whether the private career school or for–profit institution of higher education closed and, if so, whether some students were able to finish their program despite the closure and, if so, how many;
(4) The number of claims that are approved and the associated payouts from the funds; and
(5) The number of claims that are denied.
Md. Code, Education § 11-204
(a) If the Commission believes that an institution of postsecondary education does not meet the conditions or standards on which its certificate of approval, registration, or any other approval issued by the Commission or Secretary, was based, the Commission shall give the institution written notice specifying the deficiencies believed to exist.
(b) (1) The notice shall specify the alleged deficiencies, and direct the institution to correct them within a period of not less than 30 days.
(2) If the institution requests a hearing, the Commission shall hold a hearing on the matter within 60 days of receipt of the request, subject to the requirement that any request for a hearing must be received by the Commission within 20 days of the institution’s receipt of the notice of deficiencies.
(3) Subject to subsection (f) of this section, action on the notice of deficiencies shall be stayed until a determination is made after the hearing.
(4) Notwithstanding § 11–206(b)(3) of this subtitle, at the discretion of the Secretary, action on any approval request by an institution issued a notice of deficiencies may be stayed until a determination is made after the hearing.
(c) (1) If a hearing is not requested within the specified time period, or if the notice of deficiencies is upheld in whole or in part after a hearing, the Commission may reprimand the institution or suspend or revoke the institution’s certificate of approval or any other approval issued by the Commission or Secretary.
(2) (i) Instead of or in addition to reprimanding a for–profit institution of higher education, institution of higher education required to register under § 11–202.2 of this subtitle, or private career school, or suspending or revoking any approval issued to a for–profit institution of higher education or private career school or registration issued to an institution of higher education under § 11–202.2 of this subtitle, the Commission may impose a penalty of up to $5,000 for each violation as specified in regulations adopted by the Commission.
(ii) In accordance with the provisions of this section, the Commission shall deposit any penalty assessed against a for–profit institution of higher education, institution of higher education required to register under § 11–202.2 of this subtitle, or private career school into the respective guaranty fund if such funds exist. Otherwise, all penalties shall be deposited into the General Fund of the State.
(d) (1) In addition to any other sanction imposed under this section, an institution of higher education that is required to register under § 11–202.2 of this subtitle that willfully and knowingly violates the provisions of this subtitle shall be:
(i) Subject to revocation of registration; and
(ii) Prohibited from enrolling Maryland students in fully online distance education programs in the State.
(2) Maryland students who attend an institution prohibited from enrolling Maryland students under paragraph (1)(ii) of this subsection shall be allowed to complete a fully online distance education program in the State that is in progress.
(3) If an institution is required to register under § 11–202.2 of this subtitle and the institution does not file an application to register with the Commission within 3 months of enrolling its first Maryland student or the institution enrolls additional Maryland students in violation of this section, the institution shall be subject to a fine not exceeding $20,000.
(e) In imposing any sanctions under this section, the Commission shall consider:
(1) The seriousness of the deficiency;
(2) The harm caused by the deficiency;
(3) The good faith of the institution and any corrective actions taken;
(4) Any history of previous deficiencies; and
(5) Other pertinent circumstances.
(f) (1) An institution that is aggrieved by an order of the Commission has the right to judicial review provided by Title 10, Subtitle 2 of the State Government Article.
(2) The decision of the Commission shall be presumed correct and the institution has the burden of proving otherwise.
(3) The Commission shall be a party to the proceeding.
(g) (1) The Secretary may at any time following written notice of the deficiencies and prior to the Commission’s final decision seek an injunction or other judicial remedy in accordance with § 11–107 of this title, if the Secretary determines that the public interest requires enforcement of the provisions of this article or any applicable regulations.
(2) If a court grants relief prior to a hearing that was requested on a timely basis, the Commission shall schedule a hearing in regard to the notice of deficiencies within 2 weeks of the issuance of the court’s order, unless the institution requests a delay.
Md. Code, Education § 11-205
(a) The Commission may summarily order the revocation or suspension of a certificate of approval of a private career school if:
(1) The school’s owner or director, or any person in whose name the approval is issued, is convicted of a crime of moral turpitude or a crime relating to the operation of the school if:
(i) The conviction is final; and
(ii) The period for appeal has expired;
(2) An agency that exercises concurrent authority over the private career school has revoked any approval to operate required by law; or
(3) Without prior approval of the Commission, the certificate of approval of a school is sold, pledged, or transferred, or there is a change of ownership of a school.
(b) The Commission may summarily order a revocation or suspension of a certificate of approval of a private career school under subsection (a) of this section only if it gives the school:
(1) Prior oral or written notice of the proposed revocation or suspension and a brief, informal opportunity for response;
(2) Prior or prompt subsequent written notice of the revocation or suspension and the findings on which the revocation or suspension is based; and
(3) After the revocation or suspension is effective, an opportunity to be heard promptly before the Commission.
(c) (1) In any hearing held on the grounds for revocation under subsection (a) of this section, the Commission may limit the issues to be determined to whether:
(i) The alleged conviction in fact occurred;
(ii) The alleged revocation under subsection (a)(2) of this section in fact occurred; or
(iii) The alleged sale, pledge, or transfer, or change of ownership of the private career school in fact occurred.
(2) Notwithstanding paragraph (1) of this subsection, in any hearing held on the grounds for revocation under subsection (a) of this section, a private career school may present matters in mitigation of the offense alleged by the Commission.
Md. Code, Education § 11-206
(a) This section does not apply to:
(1) New programs proposed to be implemented by public and private nonprofit institutions of higher education using existing program resources in accordance with § 11–206.1 of this subtitle;
(2) Programs offered by institutions of higher education that operate in the State without a certificate of approval in accordance with § 11–202.1(b) of this subtitle; and
(3) The Cyber Warrior Diversity Program established under Subtitle 14 of this title.
(b) (1) Prior to the proposed date of implementation, the governing body of an institution of postsecondary education shall submit to the Commission each proposal for:
(i) A new program; or
(ii) A substantial modification of an existing program.
(2) The Commission shall review each such proposal and:
(i) With respect to each public institution of postsecondary education, either approve or disapprove the proposal;
(ii) Except as provided in § 16–108(c) of this article, with respect to each private nonprofit or for–profit institution of higher education, either recommend that the proposal be implemented or that the proposal not be implemented; and
(iii) With respect to a private career school, either approve or disapprove the proposal.
(3) If the Commission fails to act within 60 days of the date of submission of the completed proposal, the proposal shall be deemed approved.
(4) Except as provided in paragraph (3) of this subsection, a public institution of postsecondary education and private career school may not implement a proposal without the prior approval of the Commission.
(5) (i) Except as provided in paragraph (3) of this subsection, and subject to subparagraph (ii) of this paragraph, a program that has not received a positive recommendation by the Commission may be implemented by:
1. Subject to the provisions of § 17–105 of this article, a private nonprofit institution of higher education; or
2. A for–profit institution of higher education.
(ii) If a private nonprofit or for–profit institution of higher education implements a proposal despite the recommendation from the Commission that a program not be implemented, the institution shall notify both prospective students of the program and enrolled students in the program that the program has not been recommended for implementation by the Commission.
(6) (i) If the Commission disapproves a proposal, the Commission shall provide to the governing body that submits the proposal a written explanation of the reasons for the disapproval.
(ii) After revising a proposal to address the Commission’s reasons for disapproval, the governing body may submit the revised proposal to the Commission for approval.
(c) (1) Prior to discontinuation, each institution of postsecondary education that proposes to discontinue an existing program shall provide written notification to the Commission specifying:
(i) The name of the program; and
(ii) The expected date of discontinuation.
(2) By rule or regulation, the Commission may require the payment by a private career school of a refund to any student or enrollee who, because of the discontinuation of an ongoing program, is unable to complete such program.
(d) The Commission shall review and make recommendations on programs in private nonprofit and for–profit institutions of higher education.
(e) (1) In this subsection, “governing board” includes the board of trustees of a community college.
(2) (i) The Commission shall adopt regulations establishing standards for determining whether two or more programs are unreasonably or unnecessarily duplicative.
(ii) The regulations shall:
1. Clearly identify all specific criteria and factors used by the Commission to determine whether two or more programs are unreasonably or unnecessarily duplicative;
2. Prioritize meeting State and regional workforce needs and preserving existing programs that are able to meet these workforce needs; and
3. Prioritize collaboration between institutions of higher education.
(3) The Commission may review existing programs at public institutions of postsecondary education if the Commission has reason to believe that academic programs are unreasonably or unnecessarily duplicative or inconsistent with an institution’s adopted mission.
(4) The Commission may make a determination that an unreasonable or unnecessary duplication of programs exists on its own initiative or after receipt of a request for determination from any directly affected public institution of postsecondary education.
(5) (i) If the Commission makes a determination under paragraph (4) of this subsection the Commission may:
1. Make recommendations to a governing board on the continuation or modification of the programs;
2. Require any affected governing board to submit a plan to resolve the duplication; and
3. Negotiate, as necessary, with any affected governing board until the unreasonable or unnecessary duplication is eliminated.
(ii) Notwithstanding the provisions of subparagraph (i) of this paragraph, if the Commission determines that two or more existing programs offered by institutions under the governance of different governing boards are unreasonably or unnecessarily duplicative, the governing boards of the institutions of postsecondary education at which the programs are offered shall have 180 days from the date of the Commission’s determination to formulate and present to the Commission a joint plan to eliminate the duplication.
(iii) If in the Commission’s judgment the plan satisfactorily eliminates the duplication, the governing board of the affected institutions shall be so notified and shall take appropriate steps to implement the plan.
(iv) If in the Commission’s judgment the plan does not satisfactorily eliminate the duplication, or if no plan is jointly submitted within the time period specified in paragraph (6) of this subsection, the governing board of the affected institutions shall be so notified. The Commission may then seek to eliminate the duplication by revoking the authority of a public institution of postsecondary education to offer the unreasonably or unnecessarily duplicative program.
(6) (i) Prior to imposing a sanction under paragraph (5) of this subsection, the Commission shall give notice of the proposed sanction to the governing board of each affected institution.
(ii) 1. Within 20 days of receipt of the notice, any affected institution may request an opportunity to meet with the Commission and present objections.
2. If timely requested, the Commission shall provide such opportunity prior to the Commission’s decision to impose a sanction.
(iii) The Commission’s decision shall be final and is not subject to further administrative appeal or judicial review.
Md. Code, Education § 11-206.1
§11–206.1.
(a) (1) In this section the following words have the meanings indicated.
(2) “Private nonprofit institution of higher education” has the meaning stated in § 10–101(k) of this article.
(3) “Public institution of higher education” means:
(i) A public senior higher education institution; and
(ii) A community college.
(b) (1) A president of a public institution of higher education may propose to establish a new program or abolish an existing program if the action:
(i) Is consistent with the institution’s adopted mission statement under Subtitle 3 of this title; and
(ii) Can be implemented within the existing program resources of the institution.
(2) A president of a private nonprofit institution of higher education may propose to establish a new program if the action:
(i) Is consistent with the mission statement published in the official catalog of the private nonprofit institution; and
(ii) Can be implemented within the existing resources of the institution.
(3) The president of a public institution of higher education shall report any programs that are proposed to be established or abolished in accordance with paragraph (1) of this subsection to:
(i) The institution’s governing board; and
(ii) The Maryland Higher Education Commission.
(4) The president of a private nonprofit institution of higher education shall report any programs that are proposed to be established in accordance with paragraph (2) of this subsection to the Commission.
(5) Upon receipt of a proposed new program, the Commission shall notify all other institutions of higher education in the State.
(c) The governing board of a public institution of higher education shall:
(1) Review the actions taken under subsection (b) of this section;
(2) Ensure that any new program proposed to be established by a president:
(i) Is consistent with the institution’s approved mission statement under Subtitle 3 of this title;
(ii) Meets a regional or statewide need consistent with the State Plan for Higher Education;
(iii) Meets criteria for the quality of new programs, developed in consultation with the Commission; and
(iv) Can be implemented within the existing program resources of the institution, verified by a process established in consultation with the Commission.
(d) The Board of Regents of the University System of Maryland shall approve the proposed new program within 60 days if the program meets the criteria in subsection (c)(2) of this section, subject to the provisions of subsections (e) and (f) of this section.
(e) (1) Within 30 days of receipt of a notice of an institution’s intent to submit a new program to the Commission in accordance with subsection (b) of this section, the Commission may file, or the institutions of higher education in the State may file with the Commission, an objection to implementation of a proposed graduate program provided the objection is based on:
(i) Inconsistency of the proposed program with the institution’s approved mission for a public institution of higher education and the mission statement published in the official catalog of a private nonprofit institution of higher education;
(ii) Not meeting a regional or statewide need consistent with the State Plan for Higher Education;
(iii) Unreasonable program duplication which would cause harm to the State or students attending institutions of higher education in the State; or
(iv) Unnecessary program duplication in violation of the State’s equal educational opportunity obligations under State and federal law.
(2) Subject to paragraph (3) of this subsection, the Commission shall adopt regulations on procedures for conducting an analysis of the objections described in paragraph (1) of this subsection that:
(i) Clearly identify all of the specific criteria and factors used by the Commission; and
(ii) For an objection under paragraph (1)(iii) of this subsection, use a set of baseline data and common sources and that prioritize:
1. Meeting State and regional workforce needs;
2. Preserving existing programs that are able to meet State and regional workforce needs; and
3. Collaboration between institutions of higher education.
(3) The Commission, in consultation with the Attorney General, shall adopt regulations for standards for conducting an analysis of an objection under paragraph (1)(iv) of this subsection.
(f) (1) If an objection is filed under subsection (e) of this section by the Commission or an institution within 30 days of receipt of a notice of an institution’s intent to establish a new program, the Commission shall immediately notify the institution’s governing board and president.
(2) The Commission shall determine if an institution’s objection is justified based on the criteria in subsection (e) of this section.
(3) An objection shall be accompanied by detailed information supporting the reasons for the objection.
(4) If the Commission determines that an objection is justified, the Commission shall negotiate with the institution’s governing board and president to modify the proposed program in order to resolve the objection.
(5) If the objection cannot be resolved within 30 days of receipt of an objection, the Commission shall make a final determination on approval of the new program for a public institution of higher education or a final recommendation on implementation for a private nonprofit institution of higher education.
(g) A hearing for review of the Secretary’s determination of an institution’s objection under subsection (f) of this section shall:
(1) Be conducted in open session, including discussions and any formal action taken by the Commission;
(2) Allow each party, including the Secretary, the proposing institution, and the objecting institution, to have not less than 10 minutes to present their positions regarding the determination, without interruption; and
(3) Require the approval of a majority of the members then serving on the Commission.
(h) (1) On or before January 1, 2025, the Commission shall develop and publish on its website an administrative procedures guide for the Commission’s program review process developed under this section.
(2) The Commission shall update the administrative procedures guide at least once each year.
(i) (1) The Commission shall:
(i) Identify programs established under subsection (b) of this section that are inconsistent with the State Plan for Higher Education; and
(ii) Identify low productivity programs at public institutions of higher education.
(2) If the Commission identifies any programs that meet the criteria set forth in paragraph (1) of this subsection, the Commission shall notify the president of the institution.
(3) If the Commission notifies a president of an institution under paragraph (2) of this subsection, within 60 days the president of the institution shall provide to the Commission in writing:
(i) An action plan to abolish or modify the program; or
(ii) Justification for the continuation of the program.
(j) The Commission and the governing boards of the public institutions of higher education shall jointly develop a definition and accepted criteria for determining low productivity programs.
(k) The Commission shall:
(1) Monitor the program development and review process established under this section;
(2) Report annually to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the nature and extent of any duplication or proliferation of programs; and
(3) Make available a copy of the report under item (2) of this subsection to the public institutions of higher education and the private nonprofit institutions of higher education.
Md. Code, Education § 11-206.2
§11–206.2.
(a) On or before January 1, 2025, and each January 1 thereafter, the Commission shall review each academic program that has been recently approved and each academic program that has been approved in the 4 immediately preceding school years that was subject to an objection of a historically Black college or university, as described in § 10–214 of this article, to determine whether the historically Black college or university, the State, or students attending institutions of higher education in the State suffered harm resulting from approval of the program.
(b) On or before September 1, 2025, and each September 1 thereafter, the Commission shall report its findings under subsection (a) of this section, in accordance with § 2–1257 of the State Government Article, to the Senate Education, Energy, and the Environment Committee and the House Appropriations Committee.
Md. Code, Education § 11-206.3
§11–206.3.
(a) In this section, “institution” means:
(1) A public senior higher education institution; or
(2) A private nonprofit institution of higher education.
(b) (1) Beginning January 1, 2025, the Commission shall require each institution to submit a letter of intent to the Commission that identifies each new graduate level program that an institution intends to propose for approval under § 11–206 or § 11–206.1 of this subtitle.
(2) The Commission shall require each institution to submit a letter of intent every 6 months.
(3) The letter of intent shall include all new graduate programs the institution intends to propose within the 6–month to 2–year time period following submission of the letter of intent.
(c) The Commission shall use a letter of intent submitted by an institution under this section:
(1) To facilitate collaboration between institutions; and
(2) To provide feedback to an institution before the institution submits the new program to the Commission for approval, including any Commission concerns regarding unreasonable or unnecessary program duplication.
(d) (1) The Commission may not use a letter of intent to establish any preference or priority for approval of a program proposal.
(2) This section may not be construed to give an institution the right of first refusal for any program included in a letter of intent submitted to the Commission under this section.
(e) (1) Subject to paragraphs (2) and (3) of this subsection, the Commission shall establish requirements for submitting a letter of intent under this section, including the format, deadlines, and review criteria of the letters.
(2) The Commission may not post an institution’s letter of intent publicly.
(3) (i) After review of the letters of intent submitted by each institution under this section, the Commission shall determine whether an intended program is similar to an existing program or another intended program included in another institution’s letter of intent.
(ii) If the Commission determines that an intended program is similar to another program under subparagraph (i) of this paragraph, the Commission may notify the affected institutions of its determination, provide feedback, and encourage discussion and collaboration between the institutions.
(f) (1) Except as provided in paragraph (2) of this subsection, the Commission may approve a program proposal submitted under § 11–206 or § 11–206.1 of this subtitle only if the institution has included the program in a letter of intent submitted to the Commission.
(2) (i) The Commission may approve a new program proposed by an institution under § 11–206 or § 11–206.1 of this subtitle that was not included in a letter of intent if the institution submits proof satisfactory to the Commission:
1. Of the exigent circumstances leading to the development of the proposed program; and
2. That the benefit of the program to the State or region outweighs the State’s interest in reasonable public notice and institutional collaboration.
(ii) The Commission shall establish objective standards and a fair and transparent process for consideration and approval of a proposed program under subparagraph (i) of this paragraph.
(g) (1) In this subsection, “Fund” means the Proposed Programs Collaborative Grant Fund.
(2) There is a Proposed Programs Collaborative Grant Fund.
(3) The purpose of the Fund is to provide financial assistance to incentivize institutions of higher education to collaborate with other institutions of higher education, at the discretion of each institution, to establish and implement a new graduate program.
(4) The Commission shall:
(i) Administer the Fund;
(ii) Develop an application process to apply for a grant from the Fund; and
(iii) Award grants to institutions as intended by the Fund.
(5) (i) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(ii) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(6) The Fund consists of:
(i) Money appropriated in the State budget to the Fund;
(ii) Interest earnings; and
(iii) Any other money from any other source accepted for the benefit of the Fund.
(7) The Fund may be used only for expenses incurred by an institution for collaborating or attempting to collaborate with other institutions to establish and implement a new graduate program identified in a letter of intent under this section, including expenses for:
(i) Salaries of faculty who work together to determine if collaboration is feasible for the institutions; and
(ii) Costs associated with:
1. Providing transportation from one institution to another institution for shared classes or facilities; and
2. Sharing resources across institutions, including research collaboration, student exchange programs, joint marketing or recruitment, faculty exchange programs, and online program collaboration.
(8) (i) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(ii) Any interest earnings of the Fund shall be credited to the Fund.
(9) Expenditures from the Fund may be made only in accordance with the State budget.
(10) Money expended from the Fund for expenses incurred by institutions for collaborating or attempting to collaborate to establish and implement a new graduate program is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the new program.
Md. Code, Education § 11-206.4
§11–206.4.
(a) Notwithstanding the provisions of §§ 11–206 and 11–206.1 of this subtitle and subject to subsection (b) of this section, the Commission shall develop and implement a program review process for new proposed programs that:
(1) Are offered only online and to a majority of out–of–state students; and
(2) Enable the institutions of higher education in the State to compete with out–of–state competitors in the online marketplace.
(b) The process developed and implemented under subsection (a) of this section shall allow the Commission or an institution of higher education in the State to file with the Commission an objection to implementation of the proposed program, provided the objection is based on:
(1) Inconsistency of the proposed program with the institution’s approved mission for a public institution of higher education or the mission statement published in the official catalog of a private nonprofit institution of higher education;
(2) Not meeting a need consistent with the State Plan for Higher Education;
(3) Unreasonable program duplication of a fully online program that would cause harm to the State or students attending institutions of higher education in the State; or
(4) Unnecessary program duplication of a fully online program in violation of the State’s equal educational opportunity obligations under State and federal law.
(c) The Commission shall include the program review process developed under this section in the administrative procedures guide required under § 11–206.1(h) of this subtitle.
Md. Code, Education § 11-206.5
§11–206.5.
(a) In this section, “Graduate Professional Certificate Program” means a program that:
(1) Offers and awards a graduate certificate for successful completion of the number of courses required by the appropriate national professional association or state licensure or certification board for business and health professions and occupations; and
(2) Satisfies the requirements beyond the baccalaureate level for licensure or certification in a profession or occupation.
(b) An institution of higher education may establish a Graduate Professional Certificate Program if the institution offers a degree program directly related to the area of licensure or certification.
(c) (1) The president of an institution of higher education shall notify the governing board of the institution and the Commission of the institution’s intent to offer a Graduate Professional Certificate Program.
(2) The Program shall be approved by the Commission and implemented consistent with the provisions of this section.
Md. Code, Education § 11-206.6
§11–206.6.
(a) (1) An institution of higher education may request to establish a program that leads to certification or licensure in school leadership, including to be an assistant principal, licensed principal, or distinguished principal.
(2) The institution of higher education making a request under this subsection shall present evidence to the Commission that the program will evaluate candidates based on their potential to be effective school leaders, including by reviewing evidence that the candidate:
(i) Has a record of successful teaching; and
(ii) Has performed well in teacher leadership roles.
(b) (1) An institution of higher education may request to establish a program that offers graduate level courses in school administration for continuing certification.
(2) The institution of higher education making the request under this subsection shall present evidence to the Commission that the program’s curriculum will enable graduates to:
(i) Successfully organize and manage schools and school systems;
(ii) Manage highly skilled professionals working in a modern professional work environment; and
(iii) Effectively conduct peer observation and evaluation of other school personnel.
Md. Code, Education § 11-206.7
§11–206.7.
(a) The Commission shall establish a program evaluation unit to evaluate new programs and substantial modifications.
(b) (1) The unit established in this section shall have at least 10 staff members who are employees of the Commission.
(2) The staff members assigned to this unit shall be in addition to the current workforce of the Commission.
(c) The unit established in this section shall assist the Commission in reviewing and evaluating proposals for new programs and substantial modifications of existing programs in accordance with §§ 11–206 and 11–206.1 of this subtitle.
(d) Beginning in fiscal year 2023, the Governor shall include in the annual budget bill an appropriation in an amount sufficient to employ the 10 staff members required under this section.
Md. Code, Education § 11-207
(a) The Commission shall:
(1) Establish procedures for transfer of students between the public segments of postsecondary education;
(2) Recommend cooperative programs among segments of postsecondary education to assure appropriate flexibility in the higher education system; and
(3) In conjunction with the governing boards, establish standards for articulation agreements.
(b) The procedures established under subsection (a) of this section shall require:
(1) A receiving institution that denies the transfer of a credit or course to an enrolled student to notify the transfer coordinator or institutional designee of the sending institution and the enrolled student about the denial within a time period that the Commission determines to be the latest possible time for the notification and specify the rationale for the denial;
(2) The transfer coordinator or institutional designee of the sending institution, after receiving notice of a denial of the transfer of a credit or course, in conjunction with the receiving institution’s designee, to conduct a review within a time period the Commission determines to be appropriate; and
(3) Each public institution of higher education to submit an annual report to the Commission listing any denials of the transfer of a credit or course and the reasons for the denials.
(c) (1) The Commission, in collaboration with the public institutions of higher education, shall develop and implement a statewide transfer agreement whereby at least 60 credits of general education, elective, and major courses that a student earns at any community college in the State toward an associate of arts or associate of science degree shall be transferable to any public senior higher education institution in the State for credit toward a bachelor’s degree by July 1, 2016.
(2) (i) The agreement under paragraph (1) of this subsection shall require that any credits earned for a course at a community college in the State in accordance with § 15–117(b)(3) of this article be transferable to any public institution of higher education in the State.
(ii) A public institution of higher education in the State may not deny the transfer of credits in accordance with subparagraph (i) of this paragraph for any reason.
(d) The Commission, in collaboration with the public institutions of higher education, shall develop and implement a statewide reverse transfer agreement whereby at least 30 credits that a student earns at any public senior higher education institution in the State toward a bachelor’s degree are transferable to any community college in the State for credit toward an associate’s degree by July 1, 2016.
(e) The Commission and each public institution of higher education shall develop and implement incentives for students to obtain an associate’s degree before enrolling in a public senior institution of higher education.
(f) The Commission may recommend procedures and guidelines for consideration by the governing boards of institutions of postsecondary education on:
(1) Improvement and coordination of student financial assistance programs; and
(2) Other subjects of general interest and concern to the higher education community in the State.
Md. Code, Education § 11-207.1
§11–207.1.
(a) Any credits earned for a course at a community college in the State in accordance with § 15–117(b)(3) of this article may be transferable to any private nonprofit institution of higher education in the State.
(b) A private nonprofit institution of higher education in the State shall review and consider the transfer of credits in accordance with subsection (a) of this section.
Md. Code, Education § 11-208
(a) In this section, “national accreditation” means teacher education accreditation by an accrediting agency recognized by the Department and the Commission.
(b) (1) An institution of higher education in this State may not offer a program of undergraduate or graduate studies that would certify a recipient to teach unless the institution has received:
(i) Approval to operate by the Commission or under operation of law; and
(ii) 1. National accreditation; or
2. Approval by the Department.
(2) An institution of higher education shall determine whether to seek national accreditation or approval by the Department as described under paragraph (1) of this subsection.
(c) When determining whether an accrediting agency is recognized, the Department and the Commission shall consider whether the national accrediting agency uses national professional standards that are comparable to the standards that are used by the Department when approving a teacher preparation program.
(d) The Department and the Commission shall jointly agree on the standards used by the Department to determine approval under subsection (b)(1)(ii) of this section.
(e) The national accreditation process for an institution of higher education subject to this section shall be conducted in accordance with the protocol established by a national accrediting agency and the Department.
(f) (1) In conjunction with accrediting agencies, the Department shall develop and administer a program of technical support, available on request, to assist institutions of higher education in the State that seek national accreditation or approval by the Department under subsection (b) of this section.
(2) In addition to the technical support provided to an institution of higher education under paragraph (1) of this subsection, the Department shall pay:
(i) Any fee that a national accrediting agency charges an institution of higher education in connection with the accreditation process;
(ii) Any training fee that a national accrediting agency charges a State representative who serves with a review team of an accrediting agency in conjunction with an accreditation visit to an institution of higher education in the State; and
(iii) One–half of the expenses incurred by an institution of higher education in connection with the accreditation visit of a review team of a national accrediting agency.
(g) The Department shall adopt regulations to implement this section.
(h) The Governor shall provide sufficient funds in the Department’s annual budget for the additional costs incurred by the Department under this section.
Md. Code, Education § 11-209
(a) In this section, “near completer” means an individual who has completed some college credits but does not have a college degree and is no longer attending an institution of higher education.
(b) (1) (i) The Commission, in collaboration with institutions of higher education, shall create a statewide communication campaign to identify near completers in the State and to encourage near completers to re–enroll in an institution of higher education to earn a degree.
(ii) For each of fiscal years 2020 through 2024, the Governor shall include in the State budget $125,000 to the Commission to fund a statewide communication campaign.
(2) The communication campaign shall:
(i) Make use of a variety of marketing media, including billboards, brochures, and electronic resources;
(ii) Provide a centralized contact point for near completers to get information about and assistance with re–enrolling;
(iii) Make readily available contact information for each public institution of higher education in the State;
(iv) Focus on near completers who:
1. Earned a minimum grade point average of 2.0 on a scale of 4.0 while in college; and
2. A. Earned at least 45 credit hours if the individual attended a community college; or
B. Earned at least 90 credit hours if the individual attended a senior higher education institution; and
(v) For the 2022–2023 and 2023–2024 academic years, focus on near completers who are no longer attending an institution of higher education because of personal or financial reasons related to the COVID–19 pandemic.
(c) (1) The Commission shall develop and implement a centralized web–based match program for near completers that facilitates the matching of a near completer with any institution of higher education at which the near completer would be able to complete the degree.
(2) The Commission shall encourage each institution of higher education in the State to participate in the match program at no cost to the institution.
(3) (i) An institution that participates in the match program shall provide the Commission with information regarding near completers who attended the institution, as requested by the Commission and in the format identified by the Commission.
(ii) On receipt of information under subparagraph (i) of this paragraph, the Commission shall:
1. Determine any matches between a near completer and institutions; and
2. Send information to the near completer regarding the matches, any incentives offered for near completers by the State or by the institutions, and any other financial aid available to the near completer.
(4) For each of fiscal years 2020 through 2024, the Governor shall include in the State budget $50,000 to the Commission to develop and implement the match program for near completers described under this subsection.
(d) (1) A near completer is eligible for a grant under this section if the near completer:
(i) Earned a minimum grade point average of 2.0 on a scale of 4.0 while in college; and
(ii) 1. Earned at least 45 credit hours if the individual attended a community college; or
2. Earned at least 90 credit hours if the individual attended a senior higher education institution.
(2) The Governor shall include in the State budget the amount specified in paragraph (3) of this subsection to the Commission to provide to a near completer the following amount:
(i) For a near completer who re–enrolls in a community college, up to one–third of the in–county tuition charge; or
(ii) For a near completer who re–enrolls in a public senior higher education institution, up to one–third of the resident undergraduate tuition charge.
(3) The Governor shall include the following amounts in the State budget to the Commission for near completer grants under paragraph (2) of this subsection:
(i) For fiscal year 2020, $250,000; and
(ii) For each of fiscal years 2021 through 2024, $375,000.
(4) A grant provided under this subsection may be used only for tuition and may not be used for fees or other charges or expenses related to attending an institution of higher education.
(5) All nonloan aid received by the near completer shall be credited to the near completer’s tuition before the calculation of the grant amount provided under this subsection.
(6) Grants shall be provided on a first–come, first–served basis.
(e) The Commission and institutions of higher education may implement other near completer initiatives in addition to the campaign and match program required under this section.
(f) By December 1, 2019, and every December 1 through 2025, the Commission shall submit a report, in accordance with § 2–1257 of the State Government Article, to the General Assembly on the details of the statewide communication campaign and the match program, including implementation of the campaign and match program and a detailed account of the expenditures under the grant program established in subsection (d) of this section.
Md. Code, Education § 11-210
(a) (1) In this section the following words have the meanings indicated.
(2) “Annual revenue” means the revenue generated during an institution of postsecondary education’s fiscal year that can be included in its calculation related to compliance with 20 U.S.C. § 1094(a)(24).
(3) (i) “Federal funds” means any federal financial assistance provided to an institution of postsecondary education through a grant, a contract, a subsidy, a loan, a guarantee, an insurance policy, or any other means.
(ii) “Federal funds” includes federal financial assistance that is disbursed to a for–profit institution of higher education or a private career school under any federal law on behalf of a student to be used to attend the institution or school.
(iii) “Federal funds” does not include any monthly housing stipend provided under the federal Post–9/11 Veterans Educational Assistance Act of 2008.
(b) Subject to subsection (c) of this section, this section applies to:
(1) A for–profit institution of higher education approved to operate in the State;
(2) A for–profit institution of higher education that enrolls Maryland residents in a fully online distance education program in the State; and
(3) A private career school approved to operate in the State that has not been determined by the Internal Revenue Service to be an organization to which contributions are tax deductible in accordance with § 501(c)(3) of the Internal Revenue Code.
(c) An institution or a school described in subsection (b) of this section shall:
(1) Be approved by the Commission to receive education assistance under the federal Post–9/11 Veterans Educational Assistance Act of 2008; and
(2) Have received funds to pay for students’ tuition, fees, or other institutional charges through Title IV of the federal Higher Education Act of 1965 during the prior academic year for which the tuition, fees, and other institutional charges collected per full–time equivalent student enrolled would not be covered in full by the amount of the maximum level of federal Pell Grant funds.
(d) At least 10% of the institution’s or school’s annual revenue shall be from a source other than federal funds.
(e) An institution or a school described under subsection (b) of this section may not enroll new Maryland residents in a program if, beginning in fiscal year 2023:
(1) In 2 out of 3 of the immediately preceding fiscal years the institution or school fails to satisfy the provisions of subsection (d) of this section; or
(2) For 2 consecutive years the institution or school fails to satisfy the provisions of subsection (d) of this section.
(f) On or before December 1, 2020, the Commission shall adopt regulations to carry out this section.
Md. Code, Education § 11-211
(a) (1) In this section the following words have the meanings indicated.
(2) “Closing institution” means a private career school or an institution of postsecondary education that closes at least one program in a manner that is a disorderly closure.
(3) “Disorderly closure” means the cessation of educational instruction, as determined by the Commission, of a program in which:
(i) The institution did not provide a satisfactory amount of time, as determined by the Commission, for all Maryland students to complete the program;
(ii) The institution did not transition all Maryland students into another program at the institution; or
(iii) The institution did not enter into at least one school–to–school teach–out agreement.
(4) “Eligible transfer institution” means a private career school or an institution of postsecondary education that:
(i) 1. Has a certificate of approval from the Commission in accordance with § 11–202 of this subtitle;
2. Is registered with the Commission in accordance with § 11–202.2 of this subtitle; or
3. Is exempt from registering with the Commission in accordance with § 11–202.2 of this subtitle;
(ii) Is in good standing with its accreditor and, if applicable, its licensing body;
(iii) If applicable, has cohort loan default rates, as most recently reported by the U.S. Department of Education, that are less than or equal to:
1. The cohort loan default rates of the closing institution; or
2. The national average cohort loan default rates for all institutions;
(iv) Is not currently under financial aid restrictions by the U.S. Department of Education; and
(v) Within the previous 5 years:
1. Has not entered into any settlement agreements related to a consumer protection law with a law enforcement agency; and
2. Has not had any judgments related to a consumer protection law entered against it in favor of a law enforcement agency.
(5) “Fully online distance education program in the State” has the meaning stated in § 11–202.2 of this subtitle.
(6) “Institutional debt” means:
(i) The amount outstanding on any credit, including unpaid charges, extended by or on behalf of the institution that a student is obligated to repay, whether the amount has been reduced to judgment or the institution classifies it as a loan; or
(ii) A nonfederal loan or debt agreement that is issued expressly for postsecondary education expenses and that is guaranteed by:
1. A private career school;
2. An institution of postsecondary education; or
3. A private educational lender that is affiliated with a private career school or an institution of postsecondary education.
(7) “Institutional financial aid agreement” means any contract, promissory note, part of an enrollment agreement, or other agreement in which a student agrees to pay an institutional debt.
(b) This section applies to a private career school or an institution of postsecondary education, as defined in § 10–101 of this article, that:
(1) Operates in the State; or
(2) Enrolls at least 25 students in a fully online distance education program in the State and that has total tuition revenue from Maryland students greater than $100,000 in the immediately preceding academic year.
(c) (1) (i) In addition to any other requirement of this title, an institution identified in subsection (b) of this section shall provide to the Commission a close–out agreement.
(ii) A close–out agreement provided under this paragraph shall be updated as required by the Commission.
(2) A close–out agreement under this subsection shall state that:
(i) The institution will make all reasonable efforts to ensure that any closure of a program that enrolls Maryland students is not a disorderly closure;
(ii) Unless exempted by the Commission, the chief executive officer and the members of the governing body of the institution were never in an executive position or a member of a governing body of an institution in which a disorderly closure occurred;
(iii) Any institutional financial aid agreement offered to a Maryland student shall contain language stating that, in the event of a disorderly closure, the institutional debt is void and may not be recovered, collected, or enforced.
(3) A school–to–school teach–out agreement shall:
(i) Be arranged by the closing institution;
(ii) Be between an eligible transfer institution, the closing institution, and the Commission; and
(iii) Unless waived for good cause by the Commission, specify that the eligible transfer institution:
1. If the closing institution has a physical presence in the State, is located within a reasonable distance of the closing institution;
2. Shall accept the transfer of 75% of completed credits from students affected by the disorderly closure;
3. Shall allow a Maryland student affected by the disorderly closure to complete the student’s program with substantially the same number of credit hours as was required by the institution operating the closing program; and
4. May not charge a Maryland student tuition or fees in excess of the lesser of:
A. The remaining amount that a Maryland student affected by the disorderly closure would have paid to the closing institution to complete the program; or
B. The transfer institution’s applicable tuition and fees; and
(iv) Specify that, on request by a Maryland student affected by the disorderly closure, the closing institution shall provide a complete academic record and an official transcript to the Maryland student at no cost to the Maryland student or the State.
(d) It shall be an unfair, abusive, or deceptive trade practice as defined in § 13–301 of the Commercial Law Article for any institution, person, or entity to collect on a Maryland student’s institutional debt if:
(1) The institutional financial aid agreement does not contain the language required under subsection (c)(2)(iv) of this section; or
(2) The institutional debt is owed by a Maryland student who attended a program in which a disorderly closure occurred.
(e) The Commission shall adopt regulations to carry out the provisions of this section.
Md. Code, Education § 11-301
In this subtitle, “governing board” includes the board of trustees of a community college.
Md. Code, Education § 11-302
(a) (1) The president of each public institution of higher education is responsible for developing a mission statement.
(2) The president shall submit the mission statement to the institution’s governing board.
(3) Upon the direction of the governing board, the president shall update the mission statement every 4 years in the year immediately following the quadrennial review of the State Plan for Higher Education as set forth in § 11–105 of this title.
(b) (1) The governing board:
(i) Shall review the mission statement and may require the president to prepare a revised mission statement;
(ii) May adopt the mission statement as submitted or with amendments; and
(iii) Shall submit the statement to the Commission.
(2) (i) In the case of constituent institutions of the University System of Maryland, the Chancellor of the University System of Maryland shall review the statement prior to its consideration by the Board of Regents and make recommendations.
(ii) Before adopting the mission statements, the Board of Regents shall review the statements individually and on a systemwide basis to assure that:
1. They are consistent with the Charter and the systemwide plan; and
2. They will promote the efficient and effective use of the institution’s and System’s resources.
(iii) The Board shall consolidate the statements into an adopted systemwide statement.
(c) (1) Each regional higher education center shall:
(i) Develop a mission statement;
(ii) Submit the mission statement to the governing body of the center; and
(iii) Upon direction of the governing body, update the mission statement every 4 years in the year immediately following the quadrennial review of the State Plan for Higher Education as set forth in § 11–105 of this title.
(2) The governing body of each regional higher education center:
(i) Shall review the mission statement and may require the preparation of a revised mission statement;
(ii) May adopt the mission statement as submitted or with amendment; and
(iii) Shall submit the statement to the Commission.
(d) (1) The Commission shall:
(i) Develop detailed criteria for the robust review of mission statements of public institutions of higher education, including ensuring the mission of each institution is reflective of the institution’s statutory distinction and clearly defined and distinct from other public institutions; and
(ii) Review the mission statement to determine whether the mission statement is consistent with the State Plan for Higher Education.
(2) The mission statement shall be deemed approved within 90 days of receipt unless the Commission:
(i) Finds the statement is not consistent with the State Plan for Higher Education; or
(ii) Rejects the statement after conducting a review in accordance with paragraph (1) of this subsection.
(3) (i) After approving or rejecting a mission statement of a public institution of higher education, the Commission, in accordance with § 2–1257 of the State Government Article, shall submit to the Senate Budget and Taxation Committee, the Senate Committee on Education, Energy, and the Environment, and the House Appropriations Committee a report that includes an analysis explaining:
1. The role of the public institution of higher education within the system of higher education in the State to ensure the mission statement is clearly defined and distinct from other public institutions of higher education; and
2. Why the mission statement was approved or rejected.
(ii) The Commission is encouraged to use the report required under subparagraph (i) of this paragraph to ensure that the State is supporting each public institution of higher education in meeting the needs described in the mission statements.
(4) (i) If the Commission finds that the mission statement is not consistent with the State Plan for Higher Education or rejects the statement under paragraph (2) of this subsection, the Commission shall return the statement together with its objections that include the specific areas of inconsistency with the State Plan for Higher Education to the governing board.
(ii) The governing board and the institution president shall negotiate with the Commission and amend the statement or prepare a new statement.
Md. Code, Education § 11-303
(a) The Commission, with the assistance of the presidents of the institutions required to develop mission statements under this subtitle, shall establish and periodically update the format of mission statements of the institutions of higher education to include specific short- and long-range goals and measurable objectives to be achieved through the implementation of the institution’s performance accountability plan as required under § 11-304 of this subtitle.
(b) The mission statements developed by the presidents of the constituent institutions of the University System of Maryland shall include information necessary to meet the requirements of the program development and review process established under § 11-206.1 of this title.
(c) The Commission, with the assistance of the regional higher education centers required to develop mission statements under this subtitle, shall establish and periodically update the format of mission statements to include specific short- and long-range goals and measurable objectives consistent with the policies and guidelines of the Commission.
Md. Code, Education § 11-304
(a) (1) The president of each public institution shall prepare a performance accountability plan.
(2) The president shall submit the plan to the institution’s governing board.
(3) The president shall update the accountability plan as appropriate and upon the direction of the governing board.
(b) (1) The governing board:
(i) Shall review the accountability plan;
(ii) May amend and shall adopt or disapprove the plan; and
(iii) Shall submit the plan to the Commission.
(2) In the case of the constituent institutions of the University System of Maryland, the Chancellor of the University System of Maryland shall review the plan prior to its consideration by the Board of Regents and make recommendations.
(c) (1) The governing board shall submit the performance accountability plan of the institution to the Commission for review and comment.
(2) The Commission may disapprove the accountability plan and require the governing board to reconsider the plan if the Commission finds:
(i) The plan does not conform to the format or guideline established by the Commission;
(ii) The measurement techniques embodied in the plan are invalid or unreliable; or
(iii) The plan is not reasonably related to the institution’s mission statement.
Md. Code, Education § 11-305
Performance accountability plans developed under this subtitle shall:
(1) Be based on the institutional mission statement and shall include a statement of the outcomes which each institution expects to achieve;
(2) Include multiyear studies which shall include quantifiable indices of student academic performance and development including graduation and retention rates and the results of academic program reviews;
(3) Identify institutional performance objectives appropriate to the mission of the institution in addition to those related to student learning and include reports based on regional and professional accreditation and certification;
(4) In the case of public senior higher education institutions, designate a set of peer institutions to which the institution’s performance will be compared; and
(5) Make provision for improvements, as needed, as a result of the performance accountability report.
Md. Code, Education § 11-306
(a) Every year the president of each public institution of higher education shall submit to its governing board a written report on the attainment by the institution of the objectives in the performance accountability plan of the institution.
(b) The governing board shall:
(1) Submit the report to the Commission; and
(2) Hold each president accountable for meeting the objectives in the performance accountability plan.
Md. Code, Education § 11-307
The Commission shall:
(1) Compile and review the reports of the institutions and system; and
(2) Present the reports, together with the comments and recommendations of the Commission, to the Governor and, subject to § 2-1257 of the State Government Article, the General Assembly of Maryland.
Md. Code, Education § 11-308
The Commission may adopt regulations to carry out the provisions of this subtitle, including regulations that establish:
(1) Deadlines for submission of mission statements, performance accountability plans, and annual reports; and
(2) Formats and guidelines for the preparation of plans and reports.
Md. Code, Education § 11-401
(a) (1) Before any institution of postsecondary education operating in this State discontinues academic or administrative operation, the institution shall file with the Commission the original or legible copies of all essential records of the academic achievements of all former students of the institution.
(2) In the case of an institutional closure that results in a merger, the Commission may approve a plan to file the essential records of all former students of the institution with the successor institution.
(3) The obligation of an institution under paragraph (1) of this subsection may not be discharged in bankruptcy.
(b) (1) The records shall present, as separate documents:
(i) The official academic transcript of each former student;
(ii) Any other academic information usually required by institutions of postsecondary education when considering students for transfer or advanced study; and
(iii) If requested by the Commission, the financial aid and financial account information of each former student.
(2) The records shall be accompanied by an affidavit as to the accuracy and completeness of the records on behalf of the institution’s:
(i) Board of Trustees;
(ii) Bursar;
(iii) Chief administrative officer;
(iv) Chief executive officer;
(v) Chief financial officer; or
(vi) Registrar.
(c) The Commission shall maintain a permanent file of all records filed with it under this section.
(d) (1) If a student who attended an institution that closed in accordance with this title requests a copy of the student’s official academic transcript from the Commission and the Commission determines that the requested transcript is missing, incomplete, or in a format inaccessible to the student, the Commission may issue a replacement transcript for the student based solely on the most recent information provided by the institution that the student attended.
(2) A replacement transcript issued in accordance with paragraph (1) of this subsection shall:
(i) Be signed by a designee of the Secretary of Higher Education;
(ii) Contain an explanation of the closure of the institution; and
(iii) Contain an explanation of the source of all information contained in the replacement transcript.
(e) (1) Except as provided in paragraph (2) of this subsection, a replacement transcript issued in accordance with this section shall be accepted as an official transcript by:
(i) Any institution of postsecondary education operating in the State; and
(ii) Any institution registered to provide a fully online distance education program in the State.
(2) For purposes of student transfer, an institution of postsecondary education or a fully online distance education program in the State may consider, instead of or in addition to a replacement transcript, an unofficial transcript or other transcript information provided by the student that the receiving institution or program deems relevant.
(f) (1) The Commission shall adopt regulations necessary to carry out the provisions of this section.
(2) The regulations adopted in accordance with this subsection shall include:
(i) A specification of the manner and format in which student records are to be filed with the Commission; and
(ii) A description of the circumstances under which an institution of postsecondary education or a fully online distance education program in the State may discontinue academic or administrative operation.
Md. Code, Education § 11-402.1
§11–402.1.
(a) This section does not apply to the recruitment of a foreign student who is:
(1) Residing in a foreign country; and
(2) Not eligible to receive federal student assistance.
(b) An institution of higher education may not pay a commission, a bonus, or any other incentive payment based on success in securing enrollments or the award of financial aid to a person or entity engaged in student recruitment or admission activity.
Md. Code, Education § 11-403
(a) The Commission shall maintain a list of State higher education institutions, including community colleges, offering tuition waivers to members of the Maryland National Guard.
(b) The list required under this section shall:
(1) Include the tuition waiver policy of each institution and a contact name and telephone number;
(2) Be updated at least annually; and
(3) Be shared with the military department for distribution to members of the Maryland National Guard.
Md. Code, Education § 11-404
(a) (1) Except as provided in paragraph (2) of this subsection, an institution of higher education approved by the Commission to operate in the State that does not possess regional accreditation from the Commission on Accreditation of the Middle States Commission on Higher Education or another regional accrediting body approved by the Commission shall require its students to sign a letter of acknowledgment that the transfer of credits may be difficult if the student intends to transfer the credits to a regionally accredited institution of higher education in the State.
(2) An institution of higher education in the State that does not possess regional accreditation from a regional accrediting body referenced in paragraph (1) of this subsection is exempt from the requirements of this section if the institution of higher education has written articulation agreements with three or more regionally accredited institutions of higher education in the State.
(b) The institution shall keep on file the letter of acknowledgment required under subsection (a) of this section while the student attends the institution and for 2 years or more after the student completes the course.
(c) The Commission shall:
(1) Create a template for the letter of acknowledgment required under subsection (a) of this section; and
(2) Post the template on the Commission’s website.
Md. Code, Education § 11-405
(a) In this section, “Fund” means the Nurse Support Program Assistance Fund.
(b) (1) There is a Nurse Support Program Assistance Fund in the Commission.
(2) The Fund is a continuing, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(3) The Treasurer shall separately hold and the Comptroller shall account for the Fund.
(4) The Fund shall be invested and reinvested in the same manner as other State funds.
(5) Any investment earnings of the Fund shall be paid into the Fund.
(c) The Fund consists of revenue generated through an increase, as approved by the Health Services Cost Review Commission, to the rate structure of all hospitals in accordance with § 19–211 of the Health – General Article.
(d) Expenditures from the Fund shall be made by an appropriation in the annual State budget or by approved budget amendment as provided under § 7–209 of the State Finance and Procurement Article.
(e) The money in the Fund shall be used for competitive grants and statewide grants to increase the number of qualified nurses in Maryland hospitals in accordance with guidelines established by the Commission and the Health Services Cost Review Commission.
(f) The guidelines established under subsection (e) of this section shall provide that a portion of the competitive grants and statewide grants be used to attract and retain minorities to nursing and nurse faculty careers in Maryland.
Md. Code, Education § 11-406
(a) In this section, “cultural diversity” means the inclusion of those racial and ethnic groups and individuals that are or have been underrepresented in higher education.
(b) (1) (i) Each public institution of higher education in the State shall develop and implement a plan for a program of cultural diversity.
(ii) If an institution of higher education already has a program of cultural diversity, the institution of higher education shall develop and implement a plan for improving the program.
(iii) A plan developed and implemented under this subsection shall include an implementation strategy and a time line for meeting goals within the plan.
(2) A plan developed under paragraph (1) of this subsection shall include:
(i) A description of the way the institution addresses cultural diversity among its student, faculty, and staff populations;
(ii) A description of how the institution plans to enhance cultural diversity, if improvement is needed;
(iii) A process for reporting campus–based hate crimes, as defined under Title 10, Subtitle 3 of the Criminal Law Article and consistent with federal requirements under 20 U.S.C. 1092(f), known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act; and
(iv) A summary of any resources, including State grants, needed by the institution to effectively recruit and retain a culturally diverse student body.
(3) A plan developed under paragraph (1) of this subsection shall enhance cultural diversity programming and sensitivity to cultural diversity through instruction and training of the student body, faculty, and staff at the institution of higher education.
(c) (1) On or before July 1 of each year, each institution shall submit the plan developed under subsection (b) of this section to the governing body of the institution for the governing body’s review.
(2) On or before September 1 of each year, the governing body of an institution shall submit a progress report regarding the institution’s implementation of its plan to the Commission.
(d) (1) The Commission shall review the progress report submitted by each governing body under subsection (c) of this section to monitor compliance with the diversity goals of the State Plan for Higher Education.
(2) On or before December 1 of each year, the Commission shall submit a report, in accordance with § 2–1257 of the State Government Article, to the Senate Education, Health, and Environmental Affairs Committee, the Senate Budget and Taxation Committee, the House Appropriations Committee, and the House Committee on Ways and Means on the extent to which the institutions of higher education in the State are in compliance with the diversity goals of the State Plan for Higher Education.
Md. Code, Education § 11-407
(a) The Commission may require reasonable annual reports and data from a for–profit institution of higher education as the Commission generally requires of other institutions of higher education.
(b) The Commission may not require a for–profit institution of higher education to report to the Commission on matters that concern information, data, or documents, however styled, that are proprietary to the institution or that constitute a trade secret.
Md. Code, Education § 11-407.1
§11–407.1.
If a private nonprofit institution of higher education engages in a reportable incident, as defined under § 10–101 of this article, the Commission shall determine whether the incident constitutes private inurement.
Md. Code, Education § 11-408
(a) Each institution of postsecondary education that operates in the State and that is required to make a net price calculator publicly available on its website under the federal Higher Education Opportunity Act of 2008, 20 U.S.C.A. § 1015a, shall ensure that the net price calculator is posted on its website in a conspicuous location.
(b) (1) For all first–time, full–time undergraduate students at an institution of postsecondary education that operates in the State, the institution shall provide to the student information on the cost of higher education at the institution by completing and mailing or providing electronically, at a minimum, the information contained on the form known as the Financial Aid Shopping Sheet, as promulgated by the U.S. Department of Education.
(2) The Financial Aid Shopping Sheet or the information contained on the Financial Aid Shopping Sheet shall be mailed or provided electronically to the student at the same time that an award of federal financial aid is mailed or provided electronically to the student.
Md. Code, Education § 11-501
(a) In this subtitle the following words have the meanings indicated.
(b) “Commission” means the Maryland Fire–Rescue Education and Training Commission.
(c) “Emergency services” means fire, rescue, and ambulance services.
(d) “Schools” means the Maryland Fire and Rescue Institute, any emergency services training academy operated by any city, county, or municipal government, any community college offering emergency services education and training courses, any public school offering emergency services education and training courses, and any private or governmental institution or body providing emergency services education and training courses.
Md. Code, Education § 11-502
(a) There is a Maryland Fire-Rescue Education and Training Commission in the Maryland Higher Education Commission.
(b) (1) The Commission consists of 13 members appointed by the Governor with the advice and consent of the Senate. Of the members:
(i) Each shall be qualified to deal with the matters within the authority of the Commission;
(ii) Six shall be volunteer emergency services personnel or instructors;
(iii) Three shall be emergency services instructors who are career personnel representing the academies;
(iv) Three shall be career emergency services personnel who are not instructors; and
(v) One shall be a member of the general public.
(2) Each member serves for a term of 4 years and until a successor is appointed and qualifies. These terms are staggered as required by the terms of the members serving on July 1, 1978.
(3) A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.
(4) A member may be removed by the Governor:
(i) For neglect of duty; or
(ii) If the Governor believes the member’s continued membership is not in the public interest.
(5) Each member of the Commission:
(i) Serves without compensation; but
(ii) Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.
(c) (1) The Governor shall designate one of the members of the Commission as the chairman of the Commission. The chairman serves at the pleasure of the Governor.
(2) Each year, the Commission shall elect a vice chairman and any other officer it requires.
(3) The Commission:
(i) Shall meet at least once every 2 months;
(ii) May meet at any other time the chairman designates; and
(iii) May adopt rules for the conduct of its meetings.
(4) A quorum consists of 7 members, one of whom shall be the chairman or vice chairman.
Md. Code, Education § 11-503
(a) Subject to the authority of the Secretary, the Commission shall:
(1) Keep minutes of its meetings and any other records it considers necessary;
(2) Cooperate with and assist schools in coordinating and improving all emergency services education and training activities;
(3) Cooperate with the University of Maryland in developing a program for accrediting emergency services instructors;
(4) Consult with emergency services instructors and personnel to develop minimum uniform education and training standards for emergency services instructors, personnel, and schools;
(5) Cooperate with schools to help standardize course content and reciprocity of college credits for emergency services education and training;
(6) Cooperate with appropriate government agencies to develop and maintain a current master plan for emergency services education and training;
(7) Cooperate with the Maryland Fire and Rescue Institute to develop and operate a system for collecting, analyzing, and exchanging information on emergency services education and training;
(8) Encourage, promote, and review new techniques, methods, and procedures for emergency services;
(9) Cooperate with and review material from other states and federal agencies on emergency services education and training;
(10) Recommend to the Secretary rules and regulations necessary or appropriate to accomplish the purposes and objectives of the Commission;
(11) Review any proposed or adopted national standards or certification programs for emergency services and recommend to the Secretary the actions that should be taken regarding them;
(12) Prepare an annual report on the activities of the Commission to the Secretary, the Governor, and, subject to § 2-1257 of the State Government Article, the General Assembly; and
(13) Provide a place of storage for the records of the Commission and the original Governor’s Commission on Fire Services.
(b) The Maryland Higher Education Commission shall provide staff services for the Commission.
Md. Code, Education § 11-601
(a) (1) By August 1, 1993, the governing body of each institution of higher education shall adopt and submit to the Commission a written policy on sexual assault.
(2) The policy adopted under paragraph (1) of this subsection shall apply to each student, faculty member, and employee of the institution and inform the students, faculty members, and employees of their rights and duties under the policy.
(b) (1) Each institution of higher education shall post at appropriate locations on each campus and distribute to its students, faculty members, and employees a copy of the policy adopted under subsection (a) of this section.
(2) Each institution of higher education shall implement the policy adopted under subsection (a) of this section.
(c) The sexual assault policy required under subsection (a) of this section shall conform with § 485(f) of the Higher Education Act of 1965 as amended, Title IX of the Education Amendments of 1972, and any additional requirements under this section and shall include procedures for reporting an incident of sexual assault and for taking disciplinary actions against a violator of the policy, including provisions for:
(1) Informing a victim of a sexual assault of the right to file criminal charges with the appropriate law enforcement official;
(2) The prompt assistance of campus authorities, at the request of the victim, in notifying the appropriate law enforcement officials and disciplinary authorities of an incident of sexual assault;
(3) Designation of the nearest hospitals equipped with the Department of State Police Sexual Assault Evidence Collection Kit;
(4) Full and prompt cooperation from campus personnel in obtaining appropriate medical attention, including transporting the victim to the nearest designated hospital;
(5) Offering counseling to a victim of sexual assault from mental health services provided by the institution, other victim service entities, or the nearest State designated rape crisis program;
(6) After a campus sexual assault has been reported, and upon the request of the alleged victim, the transfer of the alleged victim to alternative classes or housing, if such alternatives are available and feasible;
(7) Prohibiting the imposition of a campus conduct action, except for a mandatory intervention for substance abuse, for a violation of the alcohol or drug use policies of the institution of higher education for a student who reports to the institution or a law enforcement officer an incidence of sexual assault or who participates in an investigation of a sexual assault as a witness if:
(i) The institution of higher education determines the violation occurred during or near the time of the alleged sexual assault;
(ii) The student is determined to have made the report of sexual assault or is participating in an investigation as a witness in good faith; and
(iii) The institution of higher education determines that the violation was not an act that was reasonably likely to place the health or safety of another individual at risk;
(8) Prohibiting the institution of higher education from retaliating against a student who files a complaint for sexual assault or who participates as a witness in an investigation of a sexual assault; and
(9) Pursuing formalized agreements with:
(i) The local law enforcement agency that complies with the relevant provisions of Title IX of the Education Amendments of 1972 and clearly states when a school will refer a matter to local law enforcement; and
(ii) A State designated rape crisis program, federally recognized sexual assault coalition, or both that formalizes a commitment to provide trauma–informed services to victims of sexual assault and improve the overall response to sexual assault by the institution of higher education.
(d) (1) The governing body of each institution of higher education shall include in the sexual assault policy required under subsection (a) of this section provisions for disciplinary proceedings for alleged violations of the sexual assault policy.
(2) On or before August 1, 2019, the governing body of each institution of higher education shall adopt and submit a revised sexual assault policy that includes the disciplinary proceedings provisions required under paragraph (1) of this subsection.
(3) The disciplinary proceedings provisions required under paragraph (1) of this subsection shall include a description of the rights of a student who alleges a violation of or a student who responds to an allegation of a violation of the institution’s sexual assault policy, including:
(i) Treatment with dignity, respect, and sensitivity by officials of the institution of higher education during all phases of the disciplinary proceedings;
(ii) A fair and impartial investigation;
(iii) Disciplinary proceedings and resolutions that are prompt and equitable and provide an opportunity for the alleged victim and the alleged violator to be heard;
(iv) Timely written notice of:
1. The reported violation, including the date, time, and location of the alleged violation, and the range of potential sanctions associated with the alleged violation;
2. The student’s rights and responsibilities under the sexual assault policy and information regarding other civil and criminal options;
3. The date, time, and location of each hearing, meeting, or interview that the student is required or permitted to attend;
4. A final determination made by the adjudicating official or body regarding whether a sexual assault policy violation occurred and the basis for the determination;
5. Any sanction imposed; and
6. The student’s rights to appeal and a description of the appeal process;
(v) Participation in the disciplinary proceedings, including:
1. Access to the case file and evidence regarding the incident obtained by the institution of higher education during the investigation or considered by the adjudicating official or body, with personally identifiable or other information redacted as required by applicable law;
2. Offering testimony at a hearing or, if the institution’s process does not include a hearing, to the adjudicating official;
3. Submitting evidence, witness lists, and suggested specific questions to be posed to the other student involved in the disciplinary proceedings by investigators or the adjudicating official or body;
4. Providing and reviewing testimony electronically or in a way in which the students are not required to be in the physical presence of the other;
5. Reviewing and providing written responses to reports and proposed findings; and
6. Appealing a determination or a sanction;
(vi) Assistance by a licensed attorney, an advocate supervised by an attorney, or a trained advocate throughout the disciplinary proceedings, including by the attorney’s or advocate’s:
1. Attendance at hearings, meetings, and interviews with the student;
2. Private consultations with the student during hearings, meetings, and interviews, except during questioning of the student at a hearing; and
3. Assistance with the student’s exercise of any right during the disciplinary proceedings; and
(vii) Notwithstanding the choice that a student makes under paragraph (4)(v) of this subsection, the presence of no more than two people, including a personal supporter of the student’s choice, an attorney, or an advocate, at any hearing, meeting, or interview during the disciplinary proceedings.
(4) The disciplinary proceedings provisions required under paragraph (1) of this subsection shall:
(i) Require the institution of higher education to provide each student involved in disciplinary proceedings with notice, presented in an appropriate and sensitive format, before the start of the disciplinary proceedings, of:
1. The student’s right to the assistance of an attorney or an advocate;
2. The legal service organizations and referral services available to the student; and
3. The student’s right to have a personal supporter of the student’s choice at any hearing, meeting, or interview during the disciplinary proceedings;
(ii) Require the use of the same standard of proof used in other disciplinary proceedings at the institution of higher education for allegations of code of conduct violations involving discrimination or harm to another individual;
(iii) Except as provided in paragraph (5) of this subsection, prohibit the institution of higher education from using mediation to resolve an allegation of a violation of the institution’s sexual assault policy;
(iv) Prohibit the adjudicating official or body from considering certain evidence, including:
1. A student’s prior sexual history with an individual other than a party to the proceedings, except to:
A. Prove the source of injury;
B. Prove prior sexual misconduct;
C. Support a claim that a student has an ulterior motive; or
D. Impeach a student’s credibility after that student has put his or her own prior sexual conduct at issue; and
2. A student’s history of mental health counseling, treatment, or diagnosis, unless the student consents; and
(v) Authorize students to access counsel paid for by the Commission, as described under paragraph (6) of this subsection, for:
1. A current or former student who makes a complaint on which a formal Title IX investigation is initiated and who was enrolled as a student at the institution at the time of the incident that is the basis of the complaint, unless the student knowingly and voluntarily chooses not to have counsel; and
2. A current or former student who responds to a complaint on which a formal Title IX investigation is initiated and who was enrolled as a student at the institution at the time of the incident that is the basis of the complaint, unless the student knowingly and voluntarily chooses not to have counsel.
(5) The disciplinary proceedings provisions required under paragraph (1) of this subsection shall authorize an institution to use mediation or other informal mechanisms for resolving a complaint relating to the institution’s sexual assault policy if:
(i) The complaining student requests an informal mechanism;
(ii) All parties to the complaint, and the institution, agree to the use of the informal mechanism;
(iii) The institution participates in the informal mechanism by providing trained staff;
(iv) Any party may end the informal mechanism at any time in favor of a formal resolution proceeding; and
(v) The alleged misconduct does not involve sexual assault or sexual coercion.
(6) (i) The disciplinary proceedings provisions required under paragraph (1) of this subsection shall, unless a student waives counsel under paragraph (4)(v) of this subsection, require the Commission to pay reasonable costs and attorney’s fees for students provided counsel under paragraph (4)(v) of this subsection, as provided under this paragraph.
(ii) In consultation with State and local bar associations and legal services providers with expertise about sexual misconduct, the Commission shall develop a list of attorneys and legal services programs willing to represent students on a pro bono basis or at fees equivalent to those paid to attorneys under civil legal services programs administered by the Maryland Legal Services Corporation, established under Title 11 of the Human Services Article.
(iii) A student may select an attorney from the list developed under subparagraph (ii) of this paragraph.
(iv) 1. A student may select and retain an attorney prior to the conclusion of the formal Title IX proceedings.
2. An institution may not discourage a student from retaining an attorney.
(v) If a student selects and retains an attorney who is not on the list developed under subparagraph (ii) of this paragraph, the Commission shall pay fees to the attorney selected by the student that are equivalent to those paid to attorneys under civil legal services programs administered by the Maryland Legal Services Corporation.
(7) This subsection may not be construed to prohibit an institution of higher education from imposing interim safety measures.
(8) The Commission is not required to pay a student’s attorney’s fees for representation in a criminal or civil matter.
(e) The Commission shall:
(1) Coordinate the development of the sexual assault policies; and
(2) Periodically review and make recommendations for changes in these policies.
(f) (1) The Commission, in consultation with institutions of higher education, shall establish procedures for the administration of a sexual assault campus climate survey by each institution of higher education.
(2) The procedures shall require each institution of higher education to provide for the completion of the survey by various methods, including online.
(g) On or before March 1, 2016, and at least every 2 years thereafter, each institution of higher education shall:
(1) Develop an appropriate sexual assault campus climate survey using nationally recognized best practices for research and climate surveys; and
(2) Administer the sexual assault campus climate survey to students in accordance with the procedures established under subsection (f) of this section.
(h) (1) On or before June 1, 2016, and every 2 years thereafter, each institution of higher education shall submit to the Commission:
(i) A report on school specific results of the sexual assault survey; and
(ii) A report aggregating the data collected by the institution regarding sexual assault complaints made to the institution, including the:
1. Types of misconduct;
2. Outcome of each complaint;
3. Disciplinary actions taken by the institution;
4. Accommodations made to students in accordance with the sexual assault policy established under subsection (c) of this section; and
5. Number of reports involving alleged nonstudent perpetrators.
(2) In reporting the data under paragraph (1) of this subsection, the institution of higher education shall make reasonable efforts to protect student privacy.
(3) An institution of higher education shall submit the data required under paragraph (1) of this subsection together with the reporting requirements of the federal Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, as amended by the Violence Against Women Reauthorization Act of 2013.
(i) On or before October 1, 2016, and every 2 years thereafter, the Commission shall:
(1) Report to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Education, Health, and Environmental Affairs Committee, the Senate Budget and Taxation Committee, the House Health and Government Operations Committee, and the House Appropriations Committee on the reports required under subsection (h) of this section; and
(2) Publish the reports required under subsection (h) of this section on the Commission’s website and in any other location or venue the Commission determines is necessary or appropriate.
(j) Nothing in this subtitle shall be construed to confer a private cause of action upon any person to enforce the provisions of this subtitle.
Md. Code, Education § 11-602
(a) In this section, “Fund” means the Legal Representation Fund for Title IX Proceedings.
(b) There is a Legal Representation Fund for Title IX Proceedings.
(c) The purpose of the Fund is to provide funds for reasonable costs and attorney’s fees for students provided with counsel under § 11–601 of this subtitle.
(d) The Commission shall administer the Fund.
(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(f) The Fund consists of:
(1) Money appropriated in the State budget to the Fund;
(2) Any investment earnings of the Fund; and
(3) Any other money from any other source accepted for the benefit of the Fund.
(g) The Fund may be used only to pay for reasonable costs and attorney’s fees for students provided with counsel under § 11–601 of this subtitle.
(h) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2) Any interest earnings of the Fund shall be credited to the Fund.
(i) Expenditures from the Fund may be made only in accordance with the State budget.
(j) Beginning in fiscal year 2021, the Governor shall include in the annual budget bill an appropriation of at least $250,000 to the Fund.
Md. Code, Education § 11-701
In cooperation with the State’s public and private nonprofit institutions of postsecondary education, the Maryland State Department of Education, and the local school systems, the Commission shall establish and administer a College Preparation Intervention Program.
Md. Code, Education § 11-702
The purpose of the College Preparation Intervention Program is to raise the level of academic preparedness of economically and environmentally disadvantaged students to enable them to attend and succeed in college.
Md. Code, Education § 11-703
The College Preparation Intervention Program may include activities to:
(1) Improve diagnosis of basic skill deficiencies of middle and high school students to enhance the preparedness of the students for college;
(2) Establish a testing program, using presently administered tests to the extent possible, to evaluate achievement levels and assess the preparation of high school students who are potentially college bound;
(3) Compile a list of courses of study recommended for college preparation and distribute copies of the list to the high school students and their parents;
(4) Provide information regarding college preparation to high school students in a timely manner so the student can make course changes to be better prepared for college;
(5) Improve information to high schools and local school systems concerning the performance of their graduates at the college level in at least the following areas:
(i) The adequacy of preparation of the students in basic skills on the students’ entry into college;
(ii) The campus enrollment and transfer patterns of students;
(iii) The program choices of the students;
(iv) The performance of the students on achievement tests; and
(v) The rate of retention and graduation of students; and
(6) Assist high schools and local school systems in the use of this information to improve student outcomes.
Md. Code, Education § 11-704
Each year, the Commission shall submit a report to the Governor and the General Assembly of Maryland addressing the status of the College Preparation Intervention Program.
Md. Code, Education § 11-705
The Governor shall include in the annual budget bill an appropriation of at least $750,000 from the General Fund of the State for the College Preparation Intervention Program.
Md. Code, Education § 11-801
(a) There is a Maryland Digital Library in the Commission.
(b) The purpose of the Maryland Digital Library is to:
(1) Strengthen the academic library cooperation in the State; and
(2) Create fiscal efficiencies through enhanced cooperation among academic libraries.
(c) The Maryland Digital Library consists of the academic libraries in public and private nonprofit institutions of postsecondary education that hold a certificate of approval from the Commission.
Md. Code, Education § 11-802
On receipt of recommendations from the Maryland Digital Library Advisory Council the Commission may encourage each academic library at a public or private nonprofit institution of postsecondary education to:
(1) Increase shared access to information of critical value in Internet-accessible electronic form and in library collections of books, journals, sound recordings, and other traditional forms of material;
(2) Optimize effective use of funding in the acquisition and creation of digital resources;
(3) Digitize unique collections in the academic library to create Internet and other on-line resources beneficial to elementary, secondary, and higher education;
(4) Train librarians and staff to improve services in the information technology environment; and
(5) Develop programs that support training library users to access Internet and electronic materials.
Md. Code, Education § 11-803
The Maryland Digital Library, in collaboration with the county libraries, Enoch Pratt Free Library, the Maryland State Archives, and elementary and secondary school libraries, may develop programs to support all residents of the State.
Md. Code, Education § 11-804
On or before October 1 of each year, the Maryland Digital Library Advisory Council shall submit a report regarding the financial status and operations of the Maryland Digital Library over the past fiscal year to the Commission.
Md. Code, Education § 11-901
(a) In this subtitle the following words have the meanings indicated.
(b) “Committee” means the Instructional Materials Access Guidelines Committee.
(c) (1) “Instructional material” means textbooks and other materials written and published primarily for use by students in postsecondary instruction that are required or essential to a student’s success in a course of study in which a student with a disability is enrolled.
(2) “Instructional material” does not include materials for which software is not commercially available at a reasonable price to permit the conversion of existing electronic files of the materials into a format that is compatible with braille translation software or alternative media for students with disabilities, including mathematics and science materials.
(d) “Library” means the Maryland Library for the Blind and Print Disabled.
(e) “Printed instructional material” means instructional material in book or other printed form.
(f) (1) “Structural integrity” means material composed of all of the textual printed instructional material.
(2) “Structural integrity” includes the text of the material, sidebars, the table of contents, chapter headings and subheadings, footnotes, indexes, glossaries, and bibliographies.
(3) “Structural integrity” does not include material composed of nontextual elements such as pictures, illustrations, graphs, or charts.
Md. Code, Education § 11-902
(a) On or before December 1, 2007, in order to coordinate the distribution of instructional materials to blind and other print disabled students, the Maryland Library for the Blind and Print Disabled shall convene an Instructional Materials Access Guidelines Committee.
(b) The Committee consists of:
(1) The Secretary of Higher Education, or the Secretary’s designee;
(2) The Secretary of Disabilities, or the Secretary’s designee;
(3) The State Superintendent, or the State Superintendent’s designee; and
(4) The following 14 members appointed by the Governor:
(i) One member representing the Library;
(ii) Five members representing publishers of textbooks used in higher education who may include representatives of the Association of American Publishers;
(iii) Three members, one representing each of the following institutions of higher education:
1. The University System of Maryland;
2. A community college; and
3. A 4–year private nonprofit institution of higher education;
(iv) Two representatives who have knowledge regarding accessible formats for blind and other print disabled individuals;
(v) One representative of the student population at institutions of higher education in the State who is blind or print disabled; and
(vi) Two members from Maryland organizations representing blind or other persons with print disabilities.
(c) At least two of the members of the Committee, in addition to the student member, shall be blind or print disabled.
(d) The Governor shall designate the Chair of the Committee.
(e) (1) A member of the Committee shall serve for a period of 3 years.
(2) The Committee shall expire on December 1, 2010.
(f) The Department, the Department of Disabilities, and the Maryland Higher Education Commission shall provide staff for the Committee.
(g) (1) The Committee shall:
(i) Assist the Library in establishing guidelines to facilitate the delivery of instructional materials to blind and print disabled students at institutions of higher education in the State;
(ii) Review the guidelines established under item (i) of this paragraph each year; and
(iii) Assist the Library in revising the guidelines as necessary based on changes in technology or any other pertinent factors.
(2) The guidelines shall include:
(i) A method by which a course instructor, in consultation with the individual at the Library or institution designated to make the request for materials under this subtitle, designates which course materials are considered required or essential to student success;
(ii) A determination of the availability of technology for the conversion of mathematics and science materials;
(iii) The procedures and standards relating to distribution of files and materials;
(iv) Available electronic formats;
(v) A list of justifications for which a publisher may reasonably be exempted from complying with the provisions of this subtitle;
(vi) Procedures for granting a publisher an exemption when it is determined that a publisher is unable to comply with the requirements of this subtitle for a justifiable reason included in the list required under item (v) of this paragraph;
(vii) A requirement that the review of the future recommendations of the Alternative Formats Solutions Initiative of the Association of American Publishers determine whether to recommend the incorporation of these recommendations into the guidelines; and
(viii) Any other information the Committee determines to be relevant.
Md. Code, Education § 11-903
(a) On the request of an eligible blind or print disabled student, the Library shall request that a publisher that offers for sale electronic or print instructional materials used by students enrolled in institutions of higher education in the State provide the instructional materials to the Library in an electronic format.
(b) Except as otherwise provided in this subtitle, on or after January 1, 2008, on the receipt of a request under subsection (a) of this section, a publisher shall have 15 business days from the date of the request to:
(1) Provide the requested instructional materials in an electronic format; or
(2) Provide the reason that an electronic format cannot be provided within 15 business days.
(c) Except as provided in subsection (d) of this section, if a publisher responds under subsection (b)(2) of this section that an electronic format cannot be provided within 15 business days, the publisher shall indicate to the Library:
(1) When the instructional materials will be provided in an electronic format; or
(2) The specific reason, consistent with the guidelines established under § 11–902(g) of this subtitle, why the instructional materials may not be provided to the Library within the required time frame.
(d) A publisher is not required to provide instructional materials in an electronic format if the instructional materials were:
(1) Generated by faculty; or
(2) Copyrighted before July 1, 2004.
Md. Code, Education § 11-904
(a) The electronic format of printed instructional material provided by a publisher to the Library for use by a student with a disability under this subtitle shall:
(1) Maintain the structural integrity of the printed instructional material;
(2) Be compatible with commonly used braille translation or speech synthesis software, if necessary; and
(3) Include corrections and revisions as necessary.
(b) If the Library and a publisher cannot in good faith agree on an electronic format that maintains the structural integrity of the printed instructional material as required under subsection (a) of this section, the publisher shall provide the instructional material in an electronic format that maintains as much of the structural integrity of the printed instructional material as possible.
(c) Except as provided in subsection (i) of this section, the Library or institution shall submit to a publisher a written request for an electronic format of instructional material that includes:
(1) Certification that the institution has purchased the printed instructional material for use by a student with a disability or that a student with a disability attending or registered to attend the institution has purchased the instructional material;
(2) Certification that the student has a disability that prevents the student from using standard instructional materials;
(3) Certification that the electronic format of the printed instructional material will be used by a student in connection with a course in which the student is registered or enrolled at the institution; and
(4) The signature of the individual designated by the Library or institution to request the electronic format of the instructional material under this subtitle.
(d) On receipt of a written request under subsection (c) of this section, the publisher shall provide the Library with the electronic format of the printed instructional material at no additional cost and in a timely manner.
(e) Except as provided in subsection (i) of this section, a publisher receiving a written request under subsection (c) of this section may require the Library to provide the publisher with a copy of an agreement that:
(1) States that the student requesting and using the electronic format of the instructional material provided by the publisher will use the material solely for the student’s personal educational use;
(2) States that the student has agreed not to copy, duplicate, or distribute the electronic copy of the instructional material for use by other individuals; and
(3) Is signed by the student requesting and using the electronic copy.
(f) (1) If the Library or an institution permits a student to directly use the electronic format of the instructional material, the Library or institution shall take the following steps to protect the electronic copy from duplication and distribution in violation of the Copyright Revisions Act of 1976:
(i) The disk or file shall be copy–protected or contain other reasonable security measures; and
(ii) The Library or institution shall require a student using the electronic copy to sign the agreement under subsection (e) of this section.
(2) An institution may not make the electronic format of the instructional material available on a server unless the following security measures are followed:
(i) A security process, including an identification and password system, is installed to permit only authorized students with disabilities access to the protected materials; and
(ii) Other technical security measures are installed to prevent a student from downloading the electronic format of the instructional material unless the student has signed the agreement under subsection (e) of this section.
(3) A publisher may install technical security measures to prevent the unauthorized copying, modification, distribution, or use of the electronic format of the instructional material if the security measures do not interfere with the student’s use of electronic copy.
(g) (1) The Library, an institution, or any component of an institution shall notify the publisher each time the Library, institution, or a component of the institution intends to duplicate an electronic format or a specialized format produced from the electronic format for use of the protected material by other students with disabilities.
(2) For each additional student for whom the Library, an institution, or a component of an institution intends to duplicate an electronic format under paragraph (1) of this subsection, the Library, institution, or component of an institution shall follow the request procedures in this section.
(h) (1) An institution may assist a student with a disability to transcribe or arrange for the transcription of printed instructional material into braille using the electronic format of the instructional material.
(2) If a braille copy is transcribed under paragraph (1) of this subsection, the institution shall have the right to share the braille copy of the printed instructional material with other students with disabilities at the institution.
(i) (1) A member of the faculty of an institution of higher education may request from the Library instructional materials in an electronic format.
(2) For a request on behalf of a faculty member, the Library is not required to provide to a publisher the certifications specified under subsection (c) of this section.
Md. Code, Education § 11-905
Beginning in fiscal year 2009 and each fiscal year thereafter, the Governor shall include in the annual budget submission $200,000 for the Library to carry out its obligations under this subtitle.
Md. Code, Education § 11-906
(a) Nothing in this subtitle shall be construed to require the Committee, the Library, or a publisher of instructional materials to:
(1) Convert instructional materials into accessible formats for blind and print disabled students; or
(2) Require a publisher to provide any format other than an electronic format provided under § 11–904 of this subtitle.
(b) A publisher of instructional material may not be required to:
(1) Perform any act that would constitute an infringement of a copyright under the Copyright Revision Act of 1976;
(2) Provide an electronic format of instructional material if the publisher:
(i) Publishes or manufactures a version of the instructional material that is accessible to students with disabilities;
(ii) Chooses to provide an electronic format of instructional material directly to a student in a timely manner; or
(iii) Has not previously produced a digital version of the fully edited and typeset instructional material, including instructional material produced by a method that does not require the creation of a digital file; or
(3) Provide an electronic format of instructional material that is no longer in print or available and offered for sale by the publisher.
Md. Code, Education § 11-1001
(a) The Commission shall attempt to use to the greatest extent feasible minority business enterprises to provide brokerage and investment management services to the Commission for any fund established under this Division III consistent with minority business purchasing standards applicable to units of State government under the State Finance and Procurement Article and consistent with the fiduciary duties of the Commission.
(b) For purposes of this section, brokerage and investment management services shall include services relating to all allocated asset classes.
(c) (1) To assist the Commission in achieving the goal described under subsection (a) of this section, the Commission shall undertake measures to remove any barriers that limit full participation by minority business enterprises in brokerage and investment management services opportunities afforded by the Commission for any fund established under this Division III.
(2) The measures undertaken by the Commission shall include the use of a wide variety of media, including the Commission’s website, to provide notice to a broad and varied range of potential providers about the brokerage and investment management services opportunities afforded by the Commission.
(d) In conjunction with the Governor’s Office of Small, Minority, and Women Business Affairs, the Commission shall develop guidelines to assist the Commission in identifying and evaluating qualified minority business enterprises in order to help the Commission achieve the objective for greater use of minority business enterprises for brokerage and investment management services for any fund established under this Division III.
(e) On or before September 1 each year, the Commission shall submit a report to the Governor’s Office of Small, Minority, and Women Business Affairs and, subject to § 2–1257 of the State Government Article, the General Assembly on:
(1) The identity of the minority business enterprise brokerage and investment management services firms used by the Commission in the immediately preceding fiscal year;
(2) The percentage and dollar value of the Commission’s assets in any fund established under this article that are under the investment control of minority business enterprise brokerage and investment management services firms in each allocated asset class; and
(3) The measures the Commission undertook in the immediately preceding fiscal year in accordance with subsection (c)(2) of this section.
Md. Code, Education § 11-1101
(a) In this subtitle the following words have the meanings indicated.
(b) “Nonprofit organization” means an organization that is exempt or eligible for exemption from taxation under § 501(c)(3) of the Internal Revenue Code.
(c) “Program” means the Maryland Higher Education Outreach and College Access Program.
Md. Code, Education § 11-1102
There is a Maryland Higher Education Outreach and College Access Program.
Md. Code, Education § 11-1103
The purposes of the Program are to:
(1) Encourage low–income Maryland high school students to attend and complete college;
(2) Connect potential college and university students with nonprofit organizations that have a history of successful higher education outcomes for targeted youth;
(3) Create an equal matching fund for nonprofit organizations to access in order to increase college outreach services to low–income students;
(4) Provide funding for nonprofit organizations that are already established in communities to provide targeted outreach to encourage low–income students to enroll in college; and
(5) Increase the number of low–income students attending and succeeding in college.
Md. Code, Education § 11-1104
(a) The Commission shall administer the Program.
(b) To carry out the purposes of the Program, the Commission shall:
(1) Establish a grant program to be published on the Commission’s website through which nonprofit organizations may learn about eligibility, application, and compliance requirements and apply for funding as provided under this subtitle;
(2) Develop application requirements and review and approve applications;
(3) Develop a process for verifying that matching funds are available; and
(4) Allocate funding to approved nonprofit organizations on a competitive basis.
Md. Code, Education § 11-1105
(a) To be eligible for participation in the Program, a nonprofit organization shall:
(1) Be located in the State;
(2) Have a contract or memorandum of understanding with a local school system or an institution of higher education or must establish one if one does not exist; and
(3) Demonstrate an equal match for funds requested.
(b) A nonprofit organization that receives funding through the Program shall:
(1) Submit data on outreach programs;
(2) Track student progress through the higher education system; and
(3) Submit annual reports to the Commission on or before October 1 following the fiscal year in which funds were received.
Md. Code, Education § 11-1106
(a) The Commission shall prepare a report on the Program that includes:
(1) A summary of the reports received from the participating nonprofit organizations regarding the Program;
(2) The amount of funds distributed each fiscal year;
(3) Information regarding the effectiveness of the Program, including whether students matriculate and remain continuously enrolled in higher education as a result of the Program; and
(4) If an eligible wait list exists, the number of nonprofit organizations on the wait list.
(b) On or before December 1 each year, the Commission shall submit a copy of the report required under subsection (a) of this section to the General Assembly, in accordance with § 2–1257 of the State Government Article.
Md. Code, Education § 11-1107
(a) For fiscal year 2023, the Governor shall include in the annual budget bill an appropriation of $200,000 for the Program.
(b) For fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $500,000 for the Program.
Md. Code, Education § 11-1201
(a) Except as provided in subsection (b) of this section, this subtitle applies only to institutions of higher education in the State that receive operating or capital funding from the State.
(b) (1) Except as provided in paragraph (2) of this subsection, this subtitle does not apply to:
(i) The University of Maryland Global Campus;
(ii) The University of Maryland Center for Environmental Science; or
(iii) An off–campus nonresidential location of an institution of higher education.
(2) Each institution described under paragraph (1) of this subsection shall provide all students with resources that alert and educate the students regarding heroin and opioid addiction and prevention.
Md. Code, Education § 11-1202
(a) Each institution of higher education shall establish a policy that addresses heroin and opioid addiction and prevention.
(b) The policy established under this subtitle shall require each institution to:
(1) Require incoming full–time students to participate in an in–person heroin and opioid addiction and prevention awareness training, unless in–person training is impracticable, then to participate in an electronic heroin and opioid addiction and prevention awareness training;
(2) Provide incoming part–time students with resources that alert and educate the students regarding heroin and opioid addiction and prevention; and
(3) Obtain and store at the institution naloxone or other overdose–reversing medication to be used in an emergency situation.
Md. Code, Education § 11-1203
(a) The policy established under this subtitle shall include:
(1) Training for campus police or other designated personnel on how to recognize the symptoms of an opioid overdose;
(2) Procedures for the administration of naloxone or other overdose–reversing medications; and
(3) The proper follow–up emergency procedures.
(b) Except for any willful or grossly negligent act, campus police or other designated personnel who have been trained under subsection (a)(1) of this section and who respond in good faith to the overdose emergency of a student in accordance with this section may not be held personally liable for any act or omission in the course of responding to the emergency.
Md. Code, Education § 11-1204
(a) On or before October 1 each year, each institution of higher education shall report to the Commission on each incident at the institution that required the use of naloxone or other overdose–reversing medication.
(b) On or before December 1, 2018, December 1, 2019, and December 1, 2020, the Commission shall report the information provided under subsection (a) of this section to the General Assembly in accordance with § 2–1257 of the State Government Article.
Md. Code, Education § 11-1301
(a) In this subtitle the following words have the meanings indicated.
(b) “Administration” means the Developmental Disabilities Administration.
(c) “Department” means the Department of Disabilities.
(d) (1) “Inclusive higher education” means access to a program of higher education for students with intellectual and developmental disabilities that allows for, to the greatest extent possible, the same rights, privileges, experiences, benefits, and outcomes that result from a college experience as their peer students without disabilities.
(2) “Inclusive higher education” includes:
(i) Academic access and inclusive instruction;
(ii) Career development;
(iii) Campus engagement;
(iv) Self–determination;
(v) Participation in paid work experiences;
(vi) On– or off–campus living, when available to other students; and
(vii) Inclusive social activities.
(e) “Program” means the James W. Hubbard Inclusive Higher Education Grant Program established under this subtitle.
Md. Code, Education § 11-1302
(a) There is a James W. Hubbard Inclusive Higher Education Grant Program.
(b) The Program shall award competitive grants to institutions of higher education to develop and implement programs that provide inclusive higher education opportunities for students with intellectual and developmental disabilities.
Md. Code, Education § 11-1303
(a) The Program shall be administered by the Commission, in consultation with the Department, the State Department of Education, and the Administration.
(b) To carry out the purpose of the Program, the Commission shall:
(1) Develop and send to each institution of higher education in the State a description of the Program, including materials describing the purpose and goals of the Program, an application, compliance requirements, and available funding;
(2) Develop application requirements and review and approve applications; and
(3) Award grants to institutions of higher education on a competitive basis.
(c) Funding for the Program shall be as provided in the State budget.
Md. Code, Education § 11-1304
To qualify for a grant under the Program, an institution of higher education shall develop a program of inclusive higher education that:
(1) Offers the necessary supports to students with intellectual and developmental disabilities to allow these students, to the greatest extent possible, to have the same rights, privileges, experiences, benefits, and outcomes as their peer students without disabilities;
(2) Ensures that students with intellectual and developmental disabilities:
(i) Have access to a wide array of academic courses that are attended by students without disabilities;
(ii) Have access and support for participation in campus life, including social activities and organizations, institution facilities, and technology; and
(iii) Are able to access and use campus resources available to students without disabilities;
(3) Provides students with intellectual and developmental disabilities with the supports and experiences necessary to seek and sustain competitive employment;
(4) Develops and promotes the self–determination skills of students with intellectual and developmental disabilities;
(5) Offers peer mentoring;
(6) Coordinates with the State Department of Education, including the Division of Rehabilitation Services and other stakeholders in the development of the inclusive higher education program;
(7) Adopts admissions standards that do not require a student with intellectual and developmental disabilities to participate in a curriculum–based, achievement college entrance exam that is administered nationwide;
(8) Includes the development of a meaningful credential for students with intellectual and developmental disabilities to earn on successful completion of the inclusive higher education program; and
(9) Meets the requirements of a Comprehensive Transition Program under the federal Higher Education Opportunity Act so that students enrolled in the inclusive higher education program are eligible for federal financial aid.
Md. Code, Education § 11-1305
(a) Beginning January 1, 2019, and each 6 months thereafter, an institution of higher education awarded a grant under the Program shall submit to the Commission a report that includes:
(1) A plan for the sustainability of the inclusive higher education program, including enrollment projections;
(2) Any needs for training, technical assistance, and other capacity necessary to provide for continuation of the inclusive higher education program; and
(3) Lessons learned by the institution and identification of best practices with the goal of promoting the development of a statewide model program of inclusive higher education for use by other institutions of higher education in the State.
(b) On or before June 30, 2019, and each year thereafter, the Commission, after consultation with the Department, the State Department of Education, and the Administration shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the effectiveness and success of the Program.
Md. Code, Education § 11-1401
(a) In this subtitle the following words have the meanings indicated.
(b) “CompTIA” means the Computing Technology Industry Association.
(c) “Governing entity” means:
(1) The Board of Trustees of Baltimore City Community College;
(2) The President of Bowie State University;
(3) The President of Coppin State University;
(4) The Board of Regents of Morgan State University;
(5) The President of the University of Maryland Eastern Shore; and
(6) The President of the University of Maryland Baltimore County Training Centers.
(d) “Program” means a Cyber Warrior Diversity Program.
(e) “Successful completer” means a student who enrolled in and successfully completed the Program.
Md. Code, Education § 11-1402
(a) There is a Cyber Warrior Diversity Program at:
(1) Baltimore City Community College;
(2) Bowie State University;
(3) Coppin State University;
(4) Morgan State University;
(5) The University of Maryland Eastern Shore; and
(6) The University of Maryland Baltimore County Training Centers that are located in the State.
(b) The purpose of each Program is to train students in computer networking and cybersecurity.
(c) The governing entity at each institution is responsible for administering the Program at that institution.
(d) On or before July 1 each year, beginning in 2024, the Commission, in consultation with the Cybersecurity Association of Maryland, Inc., shall, if applicable, expand the Program to accommodate any changes in certification trends identified under § 10–496 of the Economic Development Article.
Md. Code, Education § 11-1403
Each Program shall provide students with the training necessary to achieve the following CompTIA certifications:
(1) CompTIA A+;
(2) CompTIA Network+; and
(3) CompTIA Security+.
Md. Code, Education § 11-1405
(a) Subject to the requirements of this section, for fiscal year 2020 and each fiscal year thereafter, the Governor shall include in the annual State operating budget an appropriation of $2,500,000 for the Commission to provide grants to Baltimore City Community College, Bowie State University, Coppin State University, Morgan State University, the University of Maryland Eastern Shore, and the University of Maryland Baltimore County Training Centers for the Program established under this section.
(b) Grants provided under subsection (a) of this section shall be in the amount of:
(1) At least $10,000 per student at:
(i) Baltimore City Community College;
(ii) Bowie State University;
(iii) Coppin State University;
(iv) Morgan State University; and
(v) The University of Maryland Eastern Shore; and
(2) $500 per student at the University of Maryland Baltimore County Training Centers, for the purpose of participation in job apprenticeship events.
(c) On or before December 15, 2019, and each December 15 thereafter, the governing entities shall notify the Commission of the number of students enrolled in each institution’s Program for the current academic year.
(d) The funding provided in each fiscal year in accordance with this section shall supplement, but not supplant, any funds that would otherwise be provided for each institution.
(e) Notwithstanding § 7–302 of the State Finance and Procurement Article, at the end of each fiscal year, any unexpended funds allocated by the Commission under this section shall:
(1) Revert to the Commission to be allocated under this section for the upcoming fiscal year; and
(2) Be used to supplement, but not supplant, the amount required to be appropriated to the Commission to be allocated under this section for the upcoming fiscal year.
Md. Code, Education § 11-1406
The governing entities may adopt policies necessary to carry out this subtitle.
Md. Code, Education § 11-1601
(a) This section does not apply to an institution of higher education that does not have an athletic program or administer athletic activities.
(b) (1) On or before October 1, 2019, each institution of higher education shall develop and adopt a written policy for receiving and addressing student concerns about the institution’s athletic programs and activities that includes:
(i) A process through which students can share concerns about the institution’s athletic programs and activities with the institution’s administration, including senior officials within the administration who are not directly involved with the management of athletic programs or activities;
(ii) An option for students to submit their concerns confidentially; and
(iii) A prohibition on retaliating or discriminating against students who share their concerns under the policy.
(2) An institution of higher education may make changes to the policy if the changes meet the requirements of this section.
(c) Each institution of higher education shall:
(1) Post the policy and any changes to the policy on the institution’s website; and
(2) Ensure that each student who participates in the institution’s athletic programs or activities has a copy of the policy and any changes to the policy.
(d) Each institution of higher education shall submit to the Commission and, in accordance with § 2–1257 of the State Government Article, the Senate Education, Health, and Environmental Affairs Committee and the House Appropriations Committee:
(1) On or before October 1, 2019, the written policy adopted in accordance with subsection (b)(1) of this section; and
(2) Any changes to the policy.
(e) (1) On or before July 1, 2020, and each July 1 thereafter, each institution of higher education shall report to the Commission on the number of students who shared concerns under the institution’s policy during the immediately preceding fiscal year.
(2) On or before August 1, 2020, and each August 1 thereafter, the Commission shall report, in accordance with § 2–1257 of the State Government Article, to the Senate Education, Health, and Environmental Affairs Committee and the House Appropriations Committee a summary of the submissions under paragraph (1) of this subsection.
Md. Code, Education § 11-1602
This subtitle may be cited as the Jordan McNair Act.
Md. Code, Education § 11-1701
(a) In this subtitle the following words have the meanings indicated.
(b) “Emergency assistance” means immediate direct assistance provided by a hunger–free campus to any student facing an unanticipated financial crisis or hardship.
(c) “Hunger–free campus” means a campus of any 4–year institution of higher education or regional higher education center that meets the requirements of § 11–1703(a) of this subtitle or any 2–year institution of higher education that meets the requirements of § 11–1703(b) of this subtitle.
(d) “Program” means the Hunger–Free Campus Grant Program.
Md. Code, Education § 11-1702
(a) There is a Hunger–Free Campus Grant Program.
(b) The purpose of the Program is to:
(1) Address student hunger;
(2) Leverage more sustainable solutions to address basic food needs on campus;
(3) Raise awareness of services currently offered on campus that address basic food needs; and
(4) Build strategic partnerships at the local, State, and national levels to address food insecurity among students.
(c) (1) The Commission shall administer the Program.
(2) The Commission shall develop the form to be used for the annual student survey required under § 11–1703 of this subtitle.
Md. Code, Education § 11-1703
(a) The Commission shall designate as a hunger–free campus any campus of a 4–year institution of higher education or regional higher education center that:
(1) Has established a hunger task force that:
(i) Meets at least three times per academic year; and
(ii) Sets at least two goals with action plans;
(2) Has designated a staff member responsible for:
(i) Assisting students in enrolling in the Supplemental Nutrition Assistance Program; or
(ii) Connecting students with available Supplemental Nutrition Assistance Program outreach partners that can assist students in enrolling in the Supplemental Nutrition Assistance Program;
(3) Has designated a staff member responsible for informing students participating in federal work–study programs that they are eligible for the Supplemental Nutrition Assistance Program;
(4) (i) Provides options for students to utilize Supplemental Nutrition Assistance Program benefits at campus retailers; or
(ii) Provides students with information on the names and locations of off–campus retailers that accept Supplemental Nutrition Assistance Program benefits;
(5) Participates in an awareness day campaign activity and plans at least one campus awareness event during the National Hunger and Homelessness Awareness Week;
(6) Provides at least one food pantry on campus, or enables students in need to receive food through a separate, stigma–free arrangement;
(7) Develops and maintains a meal–sharing program that allows students to donate their unused meal plan credits to be distributed to students in need for use in campus dining halls or at an on–campus food pantry, if applicable;
(8) Conducts a standardized annual student survey on hunger and submits the results to the Commission; and
(9) Submits an annual report detailing its efforts to address student hunger to the Commission.
(b) The Commission shall designate as a hunger–free campus any campus of a 2–year institution of higher education that meets all of the requirements for 4–year institutions of higher education or regional higher education centers identified in subsection (a) of this section, with the exception of the requirements in subsection (a)(4) and (7) of this section.
(c) (1) Each 4–year institution of higher education may develop its own procedures for a meal–sharing program.
(2) The 4–year institutions of higher education shall make information about the meal–sharing program publicly available, including:
(i) How a student may donate unused meal plan credits;
(ii) How a student in need may apply to receive donated meal plan credits; and
(iii) The methodology that a 4–year institution of higher education uses to ensure that unused donated meal plan credits are used to purchase food to support an on–campus food pantry, if applicable.
Md. Code, Education § 11-1704
For fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $150,000 for the Program.
Md. Code, Education § 11-1705
(a) (1) The Commission shall allocate grant funding to any 4–year or 2–year public institution of higher education or regional higher education center that:
(i) Pledges a matching contribution to be used to implement the goals of the Program; and
(ii) Is designated as a hunger–free campus.
(2) Notwithstanding designation as a hunger–free campus under this subtitle, a 4–year or 2–year private institution of higher education or a regional higher education center operated by a private nonprofit institution of higher education is not eligible to receive grant funding under the Program.
(b) The Commission shall determine the amount of each grant.
(c) The Commission shall incorporate into the 2026–2030 State Plan for Higher Education a plan for addressing any basic needs insecurity of higher education students.
(d) (1) The Commission shall adopt regulations necessary to carry out the requirements of this subtitle.
(2) The regulations adopted under this subsection shall allow grant recipients to use grant funds flexibly to implement the goals of the Program, including giving recipients the ability to:
(i) Support emergency assistance;
(ii) Hire staff to manage initiatives related to the Program; and
(iii) Use grant funds for operational activities related to the Program.
Md. Code, Education § 11-1706
(a) Not later than 2 years after establishing the Program, the Commission shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the implementation of this subtitle.
(b) The report shall include:
(1) The number and amounts of grants awarded;
(2) The impact of the Program on establishing hunger–free campuses at institutions of higher education and regional higher education centers;
(3) The impact of awarded grants on reducing the number of students experiencing food insecurity; and
(4) Recommendations on expanding the Program.
Md. Code, Education § 11-1801
§11–1801. IN EFFECT
// EFFECTIVE UNTIL JULY 31, 2027 PER CHAPTER 342 OF 2024 //
(a) In this subtitle the following words have the meanings indicated.
(b) “Governing entity” means:
(1) The President of the University of Maryland, College Park Campus; or
(2) The President of Morgan State University.
(c) “Participating institution of higher education” means the University of Maryland, College Park Campus and Morgan State University.
(d) “Pilot Program” means the Financial Well–Being Pilot Program.
(e) “Students who may benefit from financial coaching services” means students who:
(1) Are dealing with significant personal financial burdens or complex student loan debts;
(2) Are experiencing high levels of anxiety due to personal financial burdens; or
(3) Lack financial literacy knowledge or skills.
Md. Code, Education § 11-1802
§11–1802. IN EFFECT
// EFFECTIVE UNTIL JULY 31, 2027 PER CHAPTER 342 OF 2024 //
(a) There is a Financial Well–Being Pilot Program at the University of Maryland, College Park Campus and Morgan State University.
(b) The purpose of the Pilot Program is to provide comprehensive financial guidance, support, and coaching to help students who may benefit from financial coaching services.
(c) The Pilot Program shall be administered at each participating institution of higher education jointly by the Commission and the governing entity of the participating institution.
Md. Code, Education § 11-1803
§11–1803. IN EFFECT
// EFFECTIVE UNTIL JULY 31, 2027 PER CHAPTER 342 OF 2024 //
(a) On or before August 1, 2024, each participating institution of higher education shall hire one full–time financial well–being coach to provide personalized financial coaching services to students who may benefit from financial coaching services.
(b) Each participating institution of higher education shall create a system that allows the institution of higher education to identify enrolled and admitted students who may benefit from financial coaching services.
Md. Code, Education § 11-1804
§11–1804. IN EFFECT
// EFFECTIVE UNTIL JULY 31, 2027 PER CHAPTER 342 OF 2024 //
(a) A financial well–being coach shall:
(1) (i) Assist students in understanding the students’ personal financial needs and resources;
(ii) Assist students in the process of making informed personal financial decisions;
(iii) Share relevant financial literacy resources with students; and
(iv) Assist students in managing personal financial obligations during college and after graduation;
(2) While providing the support services listed in item (1) of this subsection, focus on:
(i) The behavioral and emotional aspects of personal finances; and
(ii) How a student can successfully achieve personal financial goals and establish healthy financial habits;
(3) Carry a caseload that is comparable to the caseload of an academic advisor at the participating institution of higher education;
(4) Survey each student before the student begins financial coaching services and after the student completes financial coaching services and evaluate the effectiveness of the financial coaching services; and
(5) At the end of the Pilot Program, create a document with best practices, processes, and guidance that other institutions of higher education can use to create a financial well–being coaching program.
(b) (1) A financial well–being coach may provide financial coaching services to students in the following settings:
(i) Group coaching sessions;
(ii) Individual coaching sessions; and
(iii) During the financial well–being coach’s drop–in advisory hours.
(2) When scheduling individual coaching sessions, a financial well–being coach shall prioritize students who:
(i) Most likely will have a debt to potential future income ratio that will lead to a monthly loan payment greater than 10% of the student’s projected future income;
(ii) Have an annual household income that is at or below 185% of the federal poverty level as determined annually by the U.S. Department of Health and Human Services; or
(iii) Lack financial skills and financial literacy education.
Md. Code, Education § 11-1805
§11–1805. IN EFFECT
// EFFECTIVE UNTIL JULY 31, 2027 PER CHAPTER 342 OF 2024 //
(a) (1) On or before June 1, 2025, each participating institution of higher education shall submit an interim report to the Commission on the status and effectiveness of the Pilot Program.
(2) On or before June 1, 2026, each participating institution of higher education shall submit a final report to the Commission on the status and effectiveness of the Pilot Program.
(b) On or before July 1, 2025, the Commission shall submit an interim report to each institution of higher education in the State, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the operation of the Pilot Program.
(c) On or before July 1, 2026, the Commission shall submit a final report to each institution of higher education in the State, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the operation and results of the Pilot Program.
Md. Code, Education § 11-1901
(a) In this subtitle the following words have the meanings indicated.
(b) “Committee” means the Maryland Pathway to Nursing Advisory Committee.
(c) “Program” means the Maryland Pathway to Nursing Pilot Program.
Md. Code, Education § 11-1902
(a) There is a Maryland Pathway to Nursing Pilot Program in the Commission.
(b) The goals of the Program are to:
(1) Support students in licensed practical nursing educational programs who intend to practice licensed practical nursing as a career in the State or continue on the nursing educational pathway to become a registered nurse in the State;
(2) Alleviate the shortage of nursing professionals by increasing the graduation and licensure rates of licensed practical nursing and registered nursing students in the State;
(3) Increase the number of licensed practical nurses and registered nurses who reflect the diversity of the communities they serve;
(4) Facilitate student applications for financial resources that provide tuition assistance, loan repayment, and support for other educational costs; and
(5) Provide Program participants with financial assistance to cover the cost of:
(i) Computers, textbooks, and other supplies and additional education support services; and
(ii) Wraparound support services that provide assistance with transportation, child care, elder care, and other living expenses that pose a barrier to students successfully completing the student’s educational requirements.
(c) The Secretary, in consultation with the Committee, shall determine the following for the Program:
(1) The time frame and steps necessary to establish the Program;
(2) The areas of the State in which the Program will operate;
(3) Funding to support the Program, including a strategy for sustainability through braided funding from local workforce development boards, local health care systems, and federal grants;
(4) The resources necessary to support the Program; and
(5) The types of evaluations, including obtaining feedback from students and educational institutions, needed to make recommendations about the Program’s design and expansion statewide.
(d) On or before July 1, 2025, the Secretary shall issue grants to at least two pilot sites, located in diverse areas, that meet the Commission’s requirements for participation in the Program.
(e) On or before December 15, 2024, and each December 15 thereafter through 2029, the Secretary shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the implementation of the Program.
Md. Code, Education § 11-1903
(a) There is a Maryland Pathway to Nursing Advisory Committee.
(b) The Committee shall assist the Secretary in the development and implementation of the Program.
(c) The Committee consists of the following members, appointed by the Secretary:
(1) One representative of the Department of Veterans Affairs;
(2) One representative of the Maryland Department of Health;
(3) One representative of the State Board of Nursing;
(4) One representative of the Maryland Department of Labor;
(5) Four representatives from community colleges in the State that offer licensed practical nursing programs;
(6) Two representatives from public higher education institutions with a 4–year degree nursing program, one of whom shall be from a historically Black college or university;
(7) One representative from a private higher education institution that primarily offers 4–year degree programs;
(8) One representative of the Maryland Nurses Association;
(9) One representative of the Maryland Association of Community Colleges;
(10) One representative of the Maryland Independent College and University Association;
(11) One representative of the Maryland Hospital Association;
(12) One representative of the Lifespan Network;
(13) One representative of the Baltimore County Public Health Pathways Program;
(14) One representative from a labor organization that represents certified nursing assistants, licensed practical nurses, and registered nurses;
(15) One representative from a local workforce investment board;
(16) One practical nursing student in the State;
(17) One licensed practical nurse licensed in the State;
(18) One representative of LeadingAge Maryland;
(19) One representative of the Health Facilities Association of Maryland; and
(20) Any other individual with expertise or experience that the Secretary determines is relevant to the Committee.
(d) The Secretary shall designate the chair of the Committee.
(e) The Commission shall provide staff for the Committee.
(f) A member of the Committee:
(1) May not receive compensation as a member of the Committee; but
(2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026