Education (GED) — Title 11. Maryland Higher Education Commission

One member of the Commission shall be:

To the extent possible, the position of student member shall be rotated among all segments of higher education on an equal basis.

The student member may not be the Chairperson of the Student Advisory Council.

In making appointments to the Commission, the Governor shall consider representation from all parts of the State.

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.

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.

Serves without compensation; and

Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.

The Governor shall designate a chairperson; and

The Commission shall elect other officers as it requires.

The Commission shall meet regularly at such times and places as it determines.

A majority of the members then serving on the Commission shall constitute a quorum for the transaction of business.

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.

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.

The Secretary shall:

The Secretary may hire the additional staff provided in the State budget.

The Secretary shall have at least one full–time staff member who is responsible for:

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.

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.

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:

“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.

The Commission shall coordinate the overall growth and development of postsecondary education in the State.

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.

The Commission has statewide coordinating responsibility for the community colleges and shall establish general policies for their operation.

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.

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.

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.

May provide grants–in–aid for the planning of new community colleges and new programs in existing community colleges;

Shall administer programs of State support and financial assistance for the community colleges;

Shall assist and represent the community colleges in seeking and administering federal money available to them;

May designate any community college instructional program as a statewide or regional program;

Shall ensure that courses and programs offered are within the scope of the mission of the community colleges;

Shall ensure that State funds for community colleges are spent prudently and in accordance with State guidelines;

Shall provide centralized data processing assistance; and

Shall coordinate relationships between the community colleges, the State and county public school systems, and the private high schools to:

A regional higher education center must be approved by the Commission before the center is authorized to operate in the State.

With respect to the regional higher education centers, the Commission:

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.

The Commission is the State Postsecondary Education Commission under Title XII of the Higher Education Act of 1965.

The Commission is the State approving agency for purposes of implementing educational benefit programs administered by the U.S. Department of Veterans Affairs.

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.

The Commission is responsible for:

In carrying out its responsibilities under this subsection, the Commission may:

Administer State funds for private nonprofit institutions of higher education in the State; and

Assure that the purposes for which these funds were appropriated are achieved.

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;

May engage in research, data compilation, and publication of reports concerning postsecondary education in the State;

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;

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

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.

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:

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.

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:

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:

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.

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.

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.

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.

The amount of the grant shall be a percentage of total design and construction costs, including site acquisition and development costs, as follows:

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.

Review any educational program offered at an institution of postsecondary education; and

Establish guidelines relating to matters of general educational policy.

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.

The Commission is authorized to participate in the State Authorization Reciprocity Agreement (SARA).

The Commission may require an application or renewal fee from an institution of postsecondary education seeking:

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.

Each open meeting of the Commission shall be made available to the public through live video streaming.

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.

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.

The unified scholarship application shall:

The Commission shall establish:

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.

The Councils may make reports and recommendations to the Commission.

The Commission may appoint continuing advisory committees that represent various groups in the higher education community.

Advisory committees may make recommendations to the Commission on matters of statewide importance that affect their constituencies.

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:

In imposing a penalty under this subsection, the Secretary shall consider:

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

Seek an injunction in accordance with subsection (a) of this section.

The Secretary of Higher Education, or the Secretary’s designee;

The Chancellor of the University System of Maryland, or the Chancellor’s designee;

The President of St. Mary’s College of Maryland, or the President’s designee;

The President of Morgan State University, or the President’s designee;

The Executive Director of the Maryland Association of Community Colleges, or the Executive Director’s designee;

The President of the Maryland Independent College and University Association, or the President’s designee;

Two Directors of the University System of Maryland Institution Mental Health Counseling Centers, appointed by the Chancellor;

Two University System of Maryland Institution clinical psychologists, appointed by the Chancellor;

Two licensed clinical social workers with campus–based clinical experience, appointed by the Secretary;

Two behavioral health counselors from a community college, appointed by the Executive Director of the Maryland Association of Community Colleges;

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;

Two University System of Maryland student representatives:

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.

The Committee shall elect a chair from among its members.

The Committee may elect other officers as determined by the Committee.

May not receive compensation as a member of the Committee; but

Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

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;

Examine the challenges for institutions of higher education in meeting the demand for mental health services;

Review best practices for accessing off–campus mental health services;

Review best practices for, and barriers to, the implementation of counseling services, including crisis, personal, mental health, sexual violence, and substance abuse counseling;

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;

Identify concerns in rural areas and workforce shortage areas;

Make recommendations regarding:

Study and make recommendations regarding any other matters the Committee considers appropriate.

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.

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.

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.

The facilities, conditions of entrance and scholarship, and educational qualifications and standards are adequate and appropriate for:

The proposed programs to be offered by the institution meet the educational needs of the State.

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.

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.

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.

After a hearing held under this subsection, the Commission shall render a decision within 30 days.

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.

The decision of the Commission shall be presumed correct, and the institution has the burden of proving otherwise.

The Commission shall be a party to the proceeding.

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:

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.

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

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.

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

Enroll a student in the institution unless, before enrollment, the person gives written notice to and obtains a written acknowledgment from the student that:

In a form approved by the Commission;

Signed by both the student and a representative of the institution; and

Permanently retained in the student’s file by the institution.

In this subtitle the following words have the meanings indicated.

“Fully online distance education program in the State” means a program, originating outside the State, offered by an out–of–state institution in which:

“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.

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.

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:

Be accredited by an accrediting body recognized and approved by the United States Department of Education;

Submit to the Commission:

Promptly notify the Commission of a change in ownership or a change in majority control;

Comply with the Principles of Good Practice for distance education established by the Commission through regulation;

Make public and post on the institution’s website:

Comply with the refund policy and procedures established by the Commission; and

Be subject to complaint investigation by the Office of the Attorney General or the Commission or both.

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.

Subject to paragraph (2) of this subsection, the Commission shall require the payment of a fee set by regulation, as a condition of registration.

A list of registered institutions of higher education that offer fully online distance education programs in the State; and

If the Commission denies or revokes the registration of an institution, the name of the denied or revoked institution.

The number of institutions of higher education that apply for registration under this section;

The type and size of the institutions that apply;

The number of institutions approved for registration;

The number of institutions denied registration;

The number of Maryland students enrolled in institutions required to register under this section;

The results of the requirements of § 11–202.3 of this subtitle;

The number of institutions found to be in violation of the requirement to register under this section;

Any fines imposed, and in what amounts, on institutions that violate this section; and

Any fine revenues collected from institutions for violation of this section.

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:

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.

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.

A performance bond or irrevocable letter of credit required under this section shall be between the surety and the Commission.

The total liability of a surety on a bond or guarantee under this section may not exceed the amount of the bond or guarantee.

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.

By regulation, the Commission:

The Commission, through the Attorney General, may enforce any claim to which the Commission has been subrogated under this subsection.

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.

The Commission shall adopt regulations to carry out the provisions of this subsection.

The number of claims made against each guaranty fund established under this section;

The type, size, and program of the institutions against which the claims are made;

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;

The number of claims that are approved and the associated payouts from the funds; and

The number of claims that are denied.

The notice shall specify the alleged deficiencies, and direct the institution to correct them within a period of not less than 30 days.

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.

Subject to subsection (f) of this section, action on the notice of deficiencies shall be stayed until a determination is made after the hearing.

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.

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.

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:

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.

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.

The seriousness of the deficiency;

The harm caused by the deficiency;

The good faith of the institution and any corrective actions taken;

Any history of previous deficiencies; and

Other pertinent circumstances.

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.

The decision of the Commission shall be presumed correct and the institution has the burden of proving otherwise.

The Commission shall be a party to the proceeding.

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.

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.

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:

An agency that exercises concurrent authority over the private career school has revoked any approval to operate required by law; or

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.

Prior oral or written notice of the proposed revocation or suspension and a brief, informal opportunity for response;

Prior or prompt subsequent written notice of the revocation or suspension and the findings on which the revocation or suspension is based; and

After the revocation or suspension is effective, an opportunity to be heard promptly before the Commission.

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:

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.

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;

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

The Cyber Warrior Diversity Program established under Subtitle 14 of this title.

Prior to the proposed date of implementation, the governing body of an institution of postsecondary education shall submit to the Commission each proposal for:

The Commission shall review each such proposal and:

If the Commission fails to act within 60 days of the date of submission of the completed proposal, the proposal shall be deemed approved.

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.

Prior to discontinuation, each institution of postsecondary education that proposes to discontinue an existing program shall provide written notification to the Commission specifying:

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.

In this subsection, “governing board” includes the board of trustees of a community college.

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.

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.

In this section the following words have the meanings indicated.

“Private nonprofit institution of higher education” has the meaning stated in § 10–101(k) of this article.

“Public institution of higher education” means:

A president of a public institution of higher education may propose to establish a new program or abolish an existing program if the action:

A president of a private nonprofit institution of higher education may propose to establish a new program if the action:

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:

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.

Upon receipt of a proposed new program, the Commission shall notify all other institutions of higher education in the State.

Review the actions taken under subsection (b) of this section;

Ensure that any new program proposed to be established by a president:

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:

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:

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.

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.

The Commission shall determine if an institution’s objection is justified based on the criteria in subsection (e) of this section.

An objection shall be accompanied by detailed information supporting the reasons for the objection.

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.

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.

Be conducted in open session, including discussions and any formal action taken by the Commission;

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

Require the approval of a majority of the members then serving on the Commission.

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.

The Commission shall update the administrative procedures guide at least once each year.

The Commission shall:

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.

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:

Monitor the program development and review process established under this section;

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

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.

A public senior higher education institution; or

A private nonprofit institution of higher education.

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.

The Commission shall require each institution to submit a letter of intent every 6 months.

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.

To facilitate collaboration between institutions; and

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.

The Commission may not use a letter of intent to establish any preference or priority for approval of a program proposal.

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.

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.

The Commission may not post an institution’s letter of intent publicly.

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.

In this subsection, “Fund” means the Proposed Programs Collaborative Grant Fund.

There is a Proposed Programs Collaborative Grant Fund.

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.

The Commission shall:

The Fund consists of:

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:

Expenditures from the Fund may be made only in accordance with the State budget.

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.

Are offered only online and to a majority of out–of–state students; and

Enable the institutions of higher education in the State to compete with out–of–state competitors in the online marketplace.

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;

Not meeting a need consistent with the State Plan for Higher Education;

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

Unnecessary program duplication of a fully online program in violation of the State’s equal educational opportunity obligations under State and federal law.

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

Satisfies the requirements beyond the baccalaureate level for licensure or certification in a profession or occupation.

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.

The Program shall be approved by the Commission and implemented consistent with the provisions of this section.

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.

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:

An institution of higher education may request to establish a program that offers graduate level courses in school administration for continuing certification.

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:

The unit established in this section shall have at least 10 staff members who are employees of the Commission.

The staff members assigned to this unit shall be in addition to the current workforce of the Commission.

Establish procedures for transfer of students between the public segments of postsecondary education;

Recommend cooperative programs among segments of postsecondary education to assure appropriate flexibility in the higher education system; and

In conjunction with the governing boards, establish standards for articulation agreements.

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;

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

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.

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.

Improvement and coordination of student financial assistance programs; and

Other subjects of general interest and concern to the higher education community in the State.

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:

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.

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.

In addition to the technical support provided to an institution of higher education under paragraph (1) of this subsection, the Department shall pay:

The communication campaign shall:

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.

The Commission shall encourage each institution of higher education in the State to participate in the match program at no cost to the institution.

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.

A near completer is eligible for a grant under this section if the near completer:

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:

The Governor shall include the following amounts in the State budget to the Commission for near completer grants under paragraph (2) of this subsection:

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.

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.

Grants shall be provided on a first–come, first–served basis.

In this section the following words have the meanings indicated.

“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).

A for–profit institution of higher education approved to operate in the State;

A for–profit institution of higher education that enrolls Maryland residents in a fully online distance education program in the State; and

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.

Be approved by the Commission to receive education assistance under the federal Post–9/11 Veterans Educational Assistance Act of 2008; and

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.

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

For 2 consecutive years the institution or school fails to satisfy the provisions of subsection (d) of this section.

In this section the following words have the meanings indicated.

“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.

“Disorderly closure” means the cessation of educational instruction, as determined by the Commission, of a program in which:

“Eligible transfer institution” means a private career school or an institution of postsecondary education that:

“Fully online distance education program in the State” has the meaning stated in § 11–202.2 of this subtitle.

“Institutional debt” means:

“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.

Operates in the State; or

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.

A close–out agreement under this subsection shall state that:

A school–to–school teach–out agreement shall:

The institutional financial aid agreement does not contain the language required under subsection (c)(2)(iv) of this section; or

The institutional debt is owed by a Maryland student who attended a program in which a disorderly closure occurred.

In this section the following words have the meanings indicated.

“Program” means the federal Workforce Pell Grant Program by which Pell Grants may be awarded to students enrolled in a short–term program in accordance with Section 83002 of the One Big Beautiful Bill Act, as amended.

“Registered apprenticeship” means an apprenticeship program that is registered with, and approved by, the U.S. Department of Labor or the Maryland Apprenticeship and Training Council.

“Short–term program” means a program of study that is:

The Governor, after consulting with the Governor’s Workforce Development Board, shall determine whether a short–term program offered at an institution of postsecondary education meets the requirements of this section.

For the approval to remain effective, every 2 years an institution of postsecondary education shall provide information verifying the short–term program remains in compliance with this section and the Program.

If the Attorney General or court of appropriate jurisdiction finds the institution of postsecondary education engaged in unfair, deceptive, or abusive trade practice under Title 13 of the Commercial Law Article related to the Program, the Governor shall revoke an approval.

Subject to paragraph (2) of this subsection, a short–term program seeking approval under this section shall:

The related technical instruction component of a registered apprenticeship program offered at an institution of postsecondary education satisfies the requirements of paragraphs (1)(i), (ii), and (iii) and (3)(iii) of this subsection.

In addition to the requirements of paragraphs (1) and (2) of this subsection, an institution of postsecondary education seeking approval under this section shall provide:

The Governor’s Workforce Development Board, the Commission, or any other authorized entity may collect an application fee to complete the evaluation.

Partner, contract, or affiliate with an entity, institution, or organization other than a registered apprenticeship, to offer instruction for the short–term program unless the contracting entity, institution, or organization:

Unless a loan is 0% interest, partner or affiliate with an entity that offers student loans, lines of credit, or income sharing agreements for the short–term program;

Charge tuition and fees to any student enrolled in the short–term program that are greater than the maximum amount of Pell Grant funds available for any student in that short–term program, as established by the Secretary of Education, for the period of time that the short–term program is offered; or

Offer the short–term program using non–credit–bearing courses unless those courses will transfer to at least one institution of postsecondary education regardless of program completion.

On or before September 30 each year, the Governor’s Workforce Development Board and the Commission shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, a summary of the information collected under paragraph (1) of this subsection and the demographic and financial aid information of State students who enrolled in short–term programs approved under this section.