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<subtitle article="ged" title_number="11" subtitle_number="1" title_name="Maryland Higher Education Commission" subtitle_name="Commission Established and Organized">
  <section article="ged" article_name="Education" number="11-101" title_number="11" title_name="Maryland Higher Education Commission" subtitle_number="1" subtitle_name="Commission Established and Organized">
    <text>There is a Maryland Higher Education Commission.</text>
  </section>
  <section article="ged" article_name="Education" number="11-102" title_number="11" title_name="Maryland Higher Education Commission" subtitle_number="1" subtitle_name="Commission Established and Organized">
    <level label="a">
      <text>The Commission consists of 12 members appointed by the Governor with the advice and consent of the Senate.</text>
    </level>
    <level label="b">
      <level label="1">
        <text>One member of the Commission shall be:</text>
        <level label="i">
          <text>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</text>
        </level>
        <level label="ii">
          <text>A resident of Maryland.</text>
        </level>
      </level>
      <level label="2">
        <text>To the extent possible, the position of student member shall be rotated among all segments of higher education on an equal basis.</text>
      </level>
      <level label="3">
        <text>The student member may not be the Chairperson of the Student Advisory Council.</text>
      </level>
    </level>
    <level label="c">
      <level label="1">
        <text>In making appointments to the Commission, the Governor shall consider representation from all parts of the State.</text>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
    </level>
    <level label="d">
      <level label="1">
        <level label="i">
          <text>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.</text>
        </level>
        <level label="ii">
          <text>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.</text>
        </level>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
    </level>
    <level label="e">
      <text>Except for the student member, a member may be reappointed but may not serve more than 2 consecutive full terms.</text>
    </level>
    <level label="f">
      <text>Each member of the Commission:</text>
      <level label="1">
        <text>Serves without compensation; and</text>
      </level>
      <level label="2">
        <text>Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.</text>
      </level>
    </level>
    <level label="g">
      <text>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.</text>
    </level>
  </section>
  <section article="ged" article_name="Education" number="11-103" title_number="11" title_name="Maryland Higher Education Commission" subtitle_number="1" subtitle_name="Commission Established and Organized">
    <level label="a">
      <text>Each year from among the members of the Commission:</text>
      <level label="1">
        <text>The Governor shall designate a chairperson; and</text>
      </level>
      <level label="2">
        <text>The Commission shall elect other officers as it requires.</text>
      </level>
    </level>
    <level label="b">
      <level label="1">
        <text>The Commission shall meet regularly at such times and places as it determines.</text>
      </level>
      <level label="2">
        <text>A majority of the members then serving on the Commission shall constitute a quorum for the transaction of business.</text>
      </level>
      <level label="3">
        <text>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.</text>
      </level>
      <level label="4">
        <text>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.</text>
      </level>
    </level>
  </section>
  <section article="ged" article_name="Education" number="11-104" title_number="11" title_name="Maryland Higher Education Commission" subtitle_number="1" subtitle_name="Commission Established and Organized">
    <level label="a">
      <text>The Governor shall appoint, with the advice and consent of the Senate, a Secretary of Higher Education.</text>
    </level>
    <level label="b">
      <level label="1">
        <text>The Secretary shall:</text>
        <level label="i">
          <text>Select, organize, and direct the staff of the Commission;</text>
        </level>
        <level label="ii">
          <text>Perform the duties the Commission assigns;</text>
        </level>
        <level label="iii">
          <text>See that the policies and decisions of the Commission are carried out;</text>
        </level>
        <level label="iv">
          <text>Serve at the pleasure of the Governor; and</text>
        </level>
        <level label="v">
          <text>Be a member of the Governor’s Executive Council.</text>
        </level>
      </level>
      <level label="2">
        <level label="i">
          <text>After consideration of the recommendations of the Commission, the Governor shall include in the annual budget request the salary for the Secretary.</text>
        </level>
        <level label="ii">
          <text>The Secretary is entitled to the salary provided in the State budget.</text>
        </level>
      </level>
    </level>
    <level label="c">
      <level label="1">
        <text>The Secretary may hire the additional staff provided in the State budget.</text>
      </level>
      <level label="2">
        <text>The Secretary shall have at least one full–time staff member who is responsible for:</text>
        <level label="i">
          <text>Defining, identifying, and compiling data on State and regional workforce needs; and</text>
        </level>
        <level label="ii">
          <text>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.</text>
        </level>
      </level>
    </level>
    <level label="d">
      <level label="1">
        <text>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.</text>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
    </level>
  </section>
  <section article="ged" article_name="Education" number="11-105" title_number="11" title_name="Maryland Higher Education Commission" subtitle_number="1" subtitle_name="Commission Established and Organized">
    <level label="a">
      <level label="1">
        <text>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:</text>
        <level label="i">
          <text>No institution of higher education in the State offers;</text>
        </level>
        <level label="ii">
          <text>Addresses a job or industry need that is innovative, unique, and rare; and</text>
        </level>
        <level label="iii">
          <text>Could leverage federal, State, or private resources on a long–term basis with immediate development by an institution of higher education.</text>
        </level>
      </level>
      <level label="2">
        <text>“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.</text>
      </level>
    </level>
    <level label="b">
      <text>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.</text>
    </level>
    <level label="c">
      <level label="1">
        <text>The Commission shall coordinate the overall growth and development of postsecondary education in the State.</text>
      </level>
      <level label="2">
        <level label="i">
          <text>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:</text>
          <level label="1">
            <text>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;</text>
          </level>
          <level label="2">
            <text>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</text>
          </level>
          <level label="3">
            <text>The long–range and short–range objectives and priorities for postsecondary education and methods and guidelines for achieving and maintaining them.</text>
          </level>
        </level>
        <level label="ii">
          <text>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.</text>
        </level>
        <level label="iii">
          <text>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.</text>
        </level>
        <level label="iv">
          <text>In identifying State and regional workforce needs and emerging workforce need programs for the State Plan for Higher Education, the Commission shall:</text>
          <level label="1">
            <text>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;</text>
          </level>
          <level label="2">
            <text>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;</text>
          </level>
          <level label="3">
            <text>Use data from resources and literature relating to specific occupations;</text>
          </level>
          <level label="4">
            <text>Provide all institutions of higher education in the State with access to this baseline data; and</text>
          </level>
          <level label="5">
            <text>Consult with each segment of higher education.</text>
          </level>
        </level>
        <level label="v">
          <text>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.</text>
        </level>
      </level>
      <level label="3">
        <level label="i">
          <text>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.</text>
        </level>
        <level label="ii">
          <text>The quadrennial review shall include a report on the status and needs of postsecondary education in the State.</text>
        </level>
        <level label="iii">
          <text>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.</text>
        </level>
      </level>
      <level label="4">
        <text>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.</text>
      </level>
      <level label="5">
        <level label="i">
          <text>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.</text>
        </level>
        <level label="ii">
          <text>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.</text>
        </level>
        <level label="iii">
          <text>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.</text>
        </level>
      </level>
      <level label="6">
        <text>The Commission has statewide coordinating responsibility for the community colleges and shall establish general policies for their operation.</text>
      </level>
      <level label="7">
        <text>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.</text>
      </level>
      <level label="8">
        <text>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.</text>
      </level>
      <level label="9">
        <text>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.</text>
      </level>
    </level>
    <level label="d">
      <text>With respect to the community colleges, the Commission:</text>
      <level label="1">
        <text>May provide grants–in–aid for the planning of new community colleges and new programs in existing community colleges;</text>
      </level>
      <level label="2">
        <text>Shall administer programs of State support and financial assistance for the community colleges;</text>
      </level>
      <level label="3">
        <text>Shall assist and represent the community colleges in seeking and administering federal money available to them;</text>
      </level>
      <level label="4">
        <text>May designate any community college instructional program as a statewide or regional program;</text>
      </level>
      <level label="5">
        <text>Shall ensure that courses and programs offered are within the scope of the mission of the community colleges;</text>
      </level>
      <level label="6">
        <text>Shall ensure that State funds for community colleges are spent prudently and in accordance with State guidelines;</text>
      </level>
      <level label="7">
        <text>Shall provide centralized data processing assistance; and</text>
      </level>
      <level label="8">
        <text>Shall coordinate relationships between the community colleges, the State and county public school systems, and the private high schools to:</text>
        <level label="i">
          <text>Facilitate cooperation among them in the guidance and admission of students to the community colleges; and</text>
        </level>
        <level label="ii">
          <text>Arrange for the most advantageous use of facilities.</text>
        </level>
      </level>
    </level>
    <level label="e">
      <level label="1">
        <text>A regional higher education center must be approved by the Commission before the center is authorized to operate in the State.</text>
      </level>
      <level label="2">
        <text>With respect to the regional higher education centers, the Commission:</text>
        <level label="i">
          <text>May require submission of strategic plans in accordance with guidelines adopted by the Commission;</text>
        </level>
        <level label="ii">
          <text>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;</text>
        </level>
        <level label="iii">
          <text>Shall administer programs of State support and financial assistance for the regional higher education centers;</text>
        </level>
        <level label="iv">
          <text>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</text>
        </level>
        <level label="v">
          <text>Except as provided in paragraph (3) of this subsection, shall assure that State funds for the regional higher education centers are:</text>
          <level label="1">
            <text>Spent prudently and in accordance with State guidelines; and</text>
          </level>
          <level label="2">
            <text>Consistent with the State Plan for Higher Education and the approved mission statements of the regional higher education centers.</text>
          </level>
        </level>
      </level>
      <level label="3">
        <text>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.</text>
      </level>
      <level label="4">
        <level label="i">
          <level label="1">
            <text>In this paragraph the following words have the meanings indicated.</text>
          </level>
          <level label="2">
            <text>“Degree–seeking student” means a student enrolled in a 2+2, baccalaureate, master’s, or doctoral degree program at a regional higher education center.</text>
          </level>
          <level label="3">
            <text>“2+2 program” means a collaborative program between a community college and a 4–year university that leads to a bachelor’s degree.</text>
          </level>
        </level>
        <level label="ii">
          <text>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:</text>
          <level label="1">
            <text>A base allocation for each center of $200,000;</text>
          </level>
          <level label="2">
            <text>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;</text>
          </level>
          <level label="3">
            <text>Lease funding for centers with leased space that have not received State capital funding support; and</text>
          </level>
          <level label="4">
            <text>Special funding for one–time projects or start–up costs.</text>
          </level>
        </level>
        <level label="iii">
          <text>The Commission shall adopt regulations to implement the funding formula in this paragraph.</text>
        </level>
      </level>
    </level>
    <level label="f">
      <level label="1">
        <text>The Commission is the State Postsecondary Education Commission under Title XII of the Higher Education Act of 1965.</text>
      </level>
      <level label="2">
        <text>The Commission is the State approving agency for purposes of implementing educational benefit programs administered by the U.S. Department of Veterans Affairs.</text>
      </level>
      <level label="3">
        <text>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.</text>
      </level>
    </level>
    <level label="g">
      <level label="1">
        <text>The Commission is responsible for:</text>
        <level label="i">
          <text>Developing a program of desegregation and equal educational opportunity, including developing an enhancement plan, for historically African American colleges and universities;</text>
        </level>
        <level label="ii">
          <text>Monitoring the progress made under, and assuring compliance with, the goals, measures, and commitments contained in the desegregation and equal education opportunity plan;</text>
        </level>
        <level label="iii">
          <text>Making recommendations concerning needed resources for achieving the goals and objectives under this subsection;</text>
        </level>
        <level label="iv">
          <text>Requiring reports from each governing board concerning progress toward equal opportunity in all activities and programs under its jurisdiction; and</text>
        </level>
        <level label="v">
          <text>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.</text>
        </level>
      </level>
      <level label="2">
        <text>In carrying out its responsibilities under this subsection, the Commission may:</text>
        <level label="i">
          <text>Designate a division or office to coordinate and monitor the equal opportunity activities of public institutions of higher education in the State;</text>
        </level>
        <level label="ii">
          <text>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</text>
        </level>
        <level label="iii">
          <text>Evaluate the effectiveness of institutional efforts and methods.</text>
        </level>
      </level>
    </level>
    <level label="h">
      <text>The Commission shall:</text>
      <level label="1">
        <text>Administer State funds for private nonprofit institutions of higher education in the State; and</text>
      </level>
      <level label="2">
        <text>Assure that the purposes for which these funds were appropriated are achieved.</text>
      </level>
    </level>
    <level label="i">
      <text>The Commission:</text>
      <level label="1">
        <text>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;</text>
      </level>
      <level label="2">
        <text>May engage in research, data compilation, and publication of reports concerning postsecondary education in the State;</text>
      </level>
      <level label="3">
        <text>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;</text>
      </level>
      <level label="4">
        <text>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</text>
      </level>
      <level label="5">
        <text>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.</text>
      </level>
    </level>
    <level label="j">
      <level label="1">
        <text>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:</text>
        <level label="i">
          <text>The Board of Regents of the University System of Maryland;</text>
        </level>
        <level label="ii">
          <text>The Board of Regents of Morgan State University;</text>
        </level>
        <level label="iii">
          <text>The Board of Trustees of St. Mary’s College of Maryland;</text>
        </level>
        <level label="iv">
          <text>The State Advisory Council for Title I of the Higher Education Act of 1965;</text>
        </level>
        <level label="v">
          <text>The Board of Trustees of Baltimore City Community College;</text>
        </level>
        <level label="vi">
          <text>The Board of the Maryland Higher Education Investment Program; and</text>
        </level>
        <level label="vii">
          <text>The governing body of each regional higher education center.</text>
        </level>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
      <level label="3">
        <text>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:</text>
        <level label="i">
          <text>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</text>
        </level>
        <level label="ii">
          <text>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.</text>
        </level>
      </level>
      <level label="4">
        <text>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:</text>
        <level label="i">
          <text>May not require, of any segment or institution, a detailed budget presentation that tends to duplicate other presentations required in the budget process;</text>
        </level>
        <level label="ii">
          <text>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</text>
        </level>
        <level label="iii">
          <text>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:</text>
          <level label="1">
            <text>May review and comment only within the broad context of the State Plan for Higher Education; and</text>
          </level>
          <level label="2">
            <text>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.</text>
          </level>
        </level>
      </level>
      <level label="5">
        <level label="i">
          <text>In this paragraph, “higher education” means:</text>
          <level label="1">
            <text>The University System of Maryland;</text>
          </level>
          <level label="2">
            <text>Morgan State University;</text>
          </level>
          <level label="3">
            <text>St. Mary’s College of Maryland;</text>
          </level>
          <level label="4">
            <text>All funding for the Maryland Higher Education Commission, including the funding of:</text>
          </level>
          <level label="A">
            <text>The Joseph A. Sellinger Program;</text>
          </level>
          <level label="B">
            <text>The Senator John A. Cade Funding Formula;</text>
          </level>
          <level label="C">
            <text>Fringe benefits provided under aid to community colleges; and</text>
          </level>
          <level label="D">
            <text>All scholarship and grant programs administered by the Commission; and</text>
          </level>
          <level label="5">
            <text>Baltimore City Community College.</text>
          </level>
        </level>
        <level label="ii">
          <text>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.</text>
        </level>
        <level label="iii">
          <text>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:</text>
          <level label="1">
            <level label="12">
              <text>5 percent in fiscal year 2000;</text>
            </level>
          </level>
          <level label="2">
            <level label="13">
              <text>5 percent in fiscal year 2001;</text>
            </level>
          </level>
          <level label="3">
            <level label="14">
              <text>5 percent in fiscal year 2002;</text>
            </level>
          </level>
          <level label="4">
            <text>15 percent in fiscal year 2003; and</text>
          </level>
          <level label="5">
            <level label="15">
              <text>5 percent in fiscal year 2004.</text>
            </level>
          </level>
        </level>
      </level>
    </level>
    <level label="k">
      <level label="1">
        <text>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.</text>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
      <level label="3">
        <level label="i">
          <text>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.</text>
        </level>
        <level label="ii">
          <text>The Commission shall submit to the Department of Budget and Management a copy of each petition and project proposal.</text>
        </level>
      </level>
      <level label="4">
        <text>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.</text>
      </level>
      <level label="5">
        <text>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.</text>
      </level>
      <level label="6">
        <text>The amount of the grant shall be a percentage of total design and construction costs, including site acquisition and development costs, as follows:</text>
        <level label="i">
          <text>For a regional community college established under § 16–202 of this article, 75 percent; or</text>
        </level>
        <level label="ii">
          <text>For a public junior or community college that is not a regional community college, the greater of:</text>
          <level label="1">
            <text>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</text>
          </level>
          <level label="2">
            <text>50 percent.</text>
          </level>
        </level>
      </level>
      <level label="7">
        <text>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.</text>
      </level>
    </level>
    <level label="l">
      <text>Subject to the provisions in Subtitle 2 of this title, the Commission may:</text>
      <level label="1">
        <text>Review any educational program offered at an institution of postsecondary education; and</text>
      </level>
      <level label="2">
        <text>Establish guidelines relating to matters of general educational policy.</text>
      </level>
    </level>
    <level label="m">
      <text>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.</text>
    </level>
    <level label="n">
      <level label="1">
        <text>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.</text>
      </level>
      <level label="2">
        <level label="i">
          <text>This paragraph shall apply only to a public institution of higher education.</text>
        </level>
        <level label="ii">
          <text>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.</text>
        </level>
        <level label="iii">
          <text>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.</text>
        </level>
        <level label="iv">
          <text>Before participating in any interstate agreement under this subsection, the Commission shall consult with:</text>
          <level label="1">
            <text>The Board of Regents of the University System of Maryland;</text>
          </level>
          <level label="2">
            <text>The Board of Regents of Morgan State University;</text>
          </level>
          <level label="3">
            <text>The Board of Trustees of St. Mary’s College of Maryland; and</text>
          </level>
          <level label="4">
            <text>The affected community colleges.</text>
          </level>
        </level>
        <level label="v">
          <text>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.</text>
        </level>
      </level>
      <level label="3">
        <text>The Commission is authorized to participate in the State Authorization Reciprocity Agreement (SARA).</text>
      </level>
    </level>
    <level label="o">
      <text>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.</text>
    </level>
    <level label="p">
      <level label="1">
        <text>The Commission may require an application or renewal fee from an institution of postsecondary education seeking:</text>
        <level label="i">
          <text>Certification to operate in the State;</text>
        </level>
        <level label="ii">
          <text>An exemption from certification to operate in the State under § 11–202.1(b) of this title; or</text>
        </level>
        <level label="iii">
          <text>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.</text>
        </level>
      </level>
      <level label="2">
        <level label="i">
          <text>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.</text>
        </level>
        <level label="ii">
          <text>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.</text>
        </level>
        <level label="iii">
          <text>At the end of each fiscal year, any amount in excess of $100,000 shall revert to the General Fund.</text>
        </level>
        <level label="iv">
          <text>Any investment earnings of the fund shall be credited to the General Fund.</text>
        </level>
      </level>
      <level label="3">
        <text>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.</text>
      </level>
    </level>
    <level label="q">
      <text>Subject to the provisions of § 11–402 of this title, the Commission shall regulate the solicitation of students by institutions of postsecondary education.</text>
    </level>
    <level label="r">
      <text>The Commission shall recommend to the Governor and General Assembly appropriate revisions to the Charter.</text>
    </level>
    <level label="s">
      <text>The Commission shall arbitrate to resolve differences among the segments of higher education in the State.</text>
    </level>
    <level label="t">
      <text>The Commission shall establish and maintain a higher education information system for planning, coordination, and evaluation purposes.</text>
    </level>
    <level label="u">
      <text>The Commission shall assist the Maryland Department of Health in implementing the vaccination requirements adopted under § 18–102(c) of the Health – General Article.</text>
    </level>
    <level label="v">
      <text>The Commission may adopt any rule or regulation necessary to carry out its powers and duties.</text>
    </level>
    <level label="w">
      <text>The Commission shall perform any other duty delegated to it in accordance with law.</text>
    </level>
    <level label="x">
      <level label="1">
        <text>Each open meeting of the Commission shall be made available to the public through live video streaming.</text>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
    </level>
    <level label="y">
      <level label="1">
        <text>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.</text>
      </level>
      <level label="2">
        <text>The unified scholarship application shall:</text>
        <level label="i">
          <text>Be:</text>
          <level label="1">
            <text>Available in multiple languages; and</text>
          </level>
          <level label="2">
            <text>Mobile accessible, including the ability for a student to upload documents from the student’s phone;</text>
          </level>
        </level>
        <level label="ii">
          <text>Include:</text>
          <level label="1">
            <text>An electronic inbox that allows a student to see all communications sent to the student in one place;</text>
          </level>
          <level label="2">
            <text>A display that shows in an accessible and clear manner all required documents and the student’s progress in completing those documents;</text>
          </level>
          <level label="3">
            <text>The ability for a student to electronically sign all documents;</text>
          </level>
          <level label="4">
            <text>An integration of a student’s tax information from the Comptroller authorized under § 13–203(c)(12) of the Tax – General Article;</text>
          </level>
          <level label="5">
            <text>A way to contact the Commission with any questions for a timely answer; and</text>
          </level>
          <level label="6">
            <text>Videos and guidance to explain the application process.</text>
          </level>
        </level>
      </level>
    </level>
  </section>
  <section article="ged" article_name="Education" number="11-106" title_number="11" title_name="Maryland Higher Education Commission" subtitle_number="1" subtitle_name="Commission Established and Organized">
    <level label="a">
      <level label="1">
        <text>The Commission shall establish:</text>
        <level label="i">
          <text>A Faculty Advisory Council;</text>
        </level>
        <level label="ii">
          <text>A Student Advisory Council;</text>
        </level>
        <level label="iii">
          <text>A Segmental Advisory Council;</text>
        </level>
        <level label="iv">
          <text>A Financial Assistance Advisory Council;</text>
        </level>
        <level label="v">
          <text>A Maryland Digital Library Advisory Council;</text>
        </level>
        <level label="vi">
          <text>A Private Career School Advisory Council; and</text>
        </level>
        <level label="vii">
          <text>A Program Review Process Advisory Council.</text>
        </level>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
      <level label="3">
        <text>The Councils may make reports and recommendations to the Commission.</text>
      </level>
    </level>
    <level label="b">
      <level label="1">
        <text>The Commission may appoint continuing advisory committees that represent various groups in the higher education community.</text>
      </level>
      <level label="2">
        <text>Advisory committees may make recommendations to the Commission on matters of statewide importance that affect their constituencies.</text>
      </level>
    </level>
  </section>
  <section article="ged" article_name="Education" number="11-107" title_number="11" title_name="Maryland Higher Education Commission" subtitle_number="1" subtitle_name="Commission Established and Organized">
    <level label="a">
      <text>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.</text>
    </level>
    <level label="b">
      <level label="1">
        <text>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:</text>
        <level label="i">
          <text>Issue an order to cease and desist;</text>
        </level>
        <level label="ii">
          <text>Issue a notice of violation and impose a penalty of up to $5,000; and</text>
        </level>
        <level label="iii">
          <text>Acting through the Attorney General, seek an injunction or other judicial remedy.</text>
        </level>
      </level>
      <level label="2">
        <text>In imposing a penalty under this subsection, the Secretary shall consider:</text>
        <level label="i">
          <text>The seriousness of the violation;</text>
        </level>
        <level label="ii">
          <text>The harm caused by the violation;</text>
        </level>
        <level label="iii">
          <text>The good faith of the institution and any corrective actions taken;</text>
        </level>
        <level label="iv">
          <text>Any history of previous violations; and</text>
        </level>
        <level label="v">
          <text>Other pertinent circumstances.</text>
        </level>
      </level>
    </level>
    <level label="c">
      <text>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.</text>
    </level>
    <level label="d">
      <text>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:</text>
      <level label="1">
        <text>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</text>
      </level>
      <level label="2">
        <text>Seek an injunction in accordance with subsection (a) of this section.</text>
      </level>
    </level>
    <level label="e">
      <text>The remedies provided in this section are in addition to any other remedies provided by law.</text>
    </level>
  </section>
  <section article="ged" article_name="Education" number="11-108" title_number="11" title_name="Maryland Higher Education Commission" subtitle_number="1" subtitle_name="Commission Established and Organized">
    <level label="a">
      <text>There is an Access to Mental Health Advisory Committee.</text>
    </level>
    <level label="b">
      <text>The Committee consists of the following members:</text>
      <level label="1">
        <text>The Secretary of Higher Education, or the Secretary’s designee;</text>
      </level>
      <level label="2">
        <text>The Chancellor of the University System of Maryland, or the Chancellor’s designee;</text>
      </level>
      <level label="3">
        <text>The President of St. Mary’s College of Maryland, or the President’s designee;</text>
      </level>
      <level label="4">
        <text>The President of Morgan State University, or the President’s designee;</text>
      </level>
      <level label="5">
        <text>The Executive Director of the Maryland Association of Community Colleges, or the Executive Director’s designee;</text>
      </level>
      <level label="6">
        <text>The President of the Maryland Independent College and University Association, or the President’s designee;</text>
      </level>
      <level label="7">
        <text>Two Directors of the University System of Maryland Institution Mental Health Counseling Centers, appointed by the Chancellor;</text>
      </level>
      <level label="8">
        <text>Two University System of Maryland Institution clinical psychologists, appointed by the Chancellor;</text>
      </level>
      <level label="9">
        <text>Two licensed clinical social workers with campus–based clinical experience, appointed by the Secretary;</text>
      </level>
      <level label="10">
        <text>Two behavioral health counselors from a community college, appointed by the Executive Director of the Maryland Association of Community Colleges;</text>
      </level>
      <level label="11">
        <text>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;</text>
      </level>
      <level label="12">
        <text>Two University System of Maryland student representatives:</text>
        <level label="i">
          <text>One student who is a member of a mental health advocacy group; and</text>
        </level>
        <level label="ii">
          <text>One student who has accessed, or is eligible to access, mental health services at the institution; and</text>
        </level>
      </level>
      <level label="13">
        <text>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.</text>
      </level>
    </level>
    <level label="c">
      <level label="1">
        <text>The Committee shall elect a chair from among its members.</text>
      </level>
      <level label="2">
        <text>The Committee may elect other officers as determined by the Committee.</text>
      </level>
    </level>
    <level label="d">
      <text>The staff for the Committee shall be provided on a rotating basis by the institutions of higher education that have members on the Committee.</text>
    </level>
    <level label="e">
      <text>The Committee shall meet six times per year.</text>
    </level>
    <level label="f">
      <text>A member of the Committee:</text>
      <level label="1">
        <text>May not receive compensation as a member of the Committee; but</text>
      </level>
      <level label="2">
        <text>Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.</text>
      </level>
    </level>
    <level label="g">
      <text>The Committee shall:</text>
      <level label="1">
        <text>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;</text>
      </level>
      <level label="2">
        <text>Examine the challenges for institutions of higher education in meeting the demand for mental health services;</text>
      </level>
      <level label="3">
        <text>Review best practices for accessing off–campus mental health services;</text>
      </level>
      <level label="4">
        <text>Review best practices for, and barriers to, the implementation of counseling services, including crisis, personal, mental health, sexual violence, and substance abuse counseling;</text>
      </level>
      <level label="5">
        <text>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;</text>
      </level>
      <level label="6">
        <text>Identify concerns in rural areas and workforce shortage areas;</text>
      </level>
      <level label="7">
        <text>Make recommendations regarding:</text>
        <level label="i">
          <text>Ways to reduce costs and barriers to providing access to mental health services on campus;</text>
        </level>
        <level label="ii">
          <text>The use of telemedicine and video conferencing in the provision of mental health services;</text>
        </level>
        <level label="iii">
          <text>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</text>
        </level>
        <level label="iv">
          <text>The implementation of general mental health counseling services and specialized counseling services; and</text>
        </level>
      </level>
      <level label="8">
        <text>Study and make recommendations regarding any other matters the Committee considers appropriate.</text>
      </level>
    </level>
    <level label="h">
      <text>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.</text>
    </level>
  </section>
</subtitle>