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<section article="ged" article_name="Education" number="11-211" title_number="11" title_name="Maryland Higher Education Commission" subtitle_number="2" subtitle_name="Certificates of Approval for Institutions of Postsecondary Education">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“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.</text>
    </level>
    <level label="3">
      <text>“Disorderly closure” means the cessation of educational instruction, as determined by the Commission, of a program in which:</text>
      <level label="i">
        <text>The institution did not provide a satisfactory amount of time, as determined by the Commission, for all Maryland students to complete the program;</text>
      </level>
      <level label="ii">
        <text>The institution did not transition all Maryland students into another program at the institution; or</text>
      </level>
      <level label="iii">
        <text>The institution did not enter into at least one school–to–school teach–out agreement.</text>
      </level>
    </level>
    <level label="4">
      <text>“Eligible transfer institution” means a private career school or an institution of postsecondary education that:</text>
      <level label="i">
        <level label="1">
          <text>Has a certificate of approval from the Commission in accordance with § 11–202 of this subtitle;</text>
        </level>
        <level label="2">
          <text>Is registered with the Commission in accordance with § 11–202.2 of this subtitle; or</text>
        </level>
        <level label="3">
          <text>Is exempt from registering with the Commission in accordance with § 11–202.2 of this subtitle;</text>
        </level>
      </level>
      <level label="ii">
        <text>Is in good standing with its accreditor and, if applicable, its licensing body;</text>
      </level>
      <level label="iii">
        <text>If applicable, has cohort loan default rates, as most recently reported by the U.S. Department of Education, that are less than or equal to:</text>
        <level label="1">
          <text>The cohort loan default rates of the closing institution; or</text>
        </level>
        <level label="2">
          <text>The national average cohort loan default rates for all institutions;</text>
        </level>
      </level>
      <level label="iv">
        <text>Is not currently under financial aid restrictions by the U.S. Department of Education; and</text>
      </level>
      <level label="v">
        <text>Within the previous 5 years:</text>
        <level label="1">
          <text>Has not entered into any settlement agreements related to a consumer protection law with a law enforcement agency; and</text>
        </level>
        <level label="2">
          <text>Has not had any judgments related to a consumer protection law entered against it in favor of a law enforcement agency.</text>
        </level>
      </level>
    </level>
    <level label="5">
      <text>“Fully online distance education program in the State” has the meaning stated in § 11–202.2 of this subtitle.</text>
    </level>
    <level label="6">
      <text>“Institutional debt” means:</text>
      <level label="i">
        <text>The amount outstanding on any credit, including unpaid charges, extended by or on behalf of the institution that a student is obligated to repay, whether the amount has been reduced to judgment or the institution classifies it as a loan; or</text>
      </level>
      <level label="ii">
        <text>A nonfederal loan or debt agreement that is issued expressly for postsecondary education expenses and that is guaranteed by:</text>
        <level label="1">
          <text>A private career school;</text>
        </level>
        <level label="2">
          <text>An institution of postsecondary education; or</text>
        </level>
        <level label="3">
          <text>A private educational lender that is affiliated with a private career school or an institution of postsecondary education.</text>
        </level>
      </level>
    </level>
    <level label="7">
      <text>“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.</text>
    </level>
  </level>
  <level label="b">
    <text>This section applies to a private career school or an institution of postsecondary education, as defined in § 10–101 of this article, that:</text>
    <level label="1">
      <text>Operates in the State; or</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <level label="i">
        <text>In addition to any other requirement of this title, an institution identified in subsection (b) of this section shall provide to the Commission a close–out agreement.</text>
      </level>
      <level label="ii">
        <text>A close–out agreement provided under this paragraph shall be updated as required by the Commission.</text>
      </level>
    </level>
    <level label="2">
      <text>A close–out agreement under this subsection shall state that:</text>
      <level label="i">
        <text>The institution will make all reasonable efforts to ensure that any closure of a program that enrolls Maryland students is not a disorderly closure;</text>
      </level>
      <level label="ii">
        <text>Unless exempted by the Commission, the chief executive officer and the members of the governing body of the institution were never in an executive position or a member of a governing body of an institution in which a disorderly closure occurred;</text>
      </level>
      <level label="iii">
        <text>Any institutional financial aid agreement offered to a Maryland student shall contain language stating that, in the event of a disorderly closure, the institutional debt is void and may not be recovered, collected, or enforced.</text>
      </level>
    </level>
    <level label="3">
      <text>A school–to–school teach–out agreement shall:</text>
      <level label="i">
        <text>Be arranged by the closing institution;</text>
      </level>
      <level label="ii">
        <text>Be between an eligible transfer institution, the closing institution, and the Commission; and</text>
      </level>
      <level label="iii">
        <text>Unless waived for good cause by the Commission, specify that the eligible transfer institution:</text>
        <level label="1">
          <text>If the closing institution has a physical presence in the State, is located within a reasonable distance of the closing institution;</text>
        </level>
        <level label="2">
          <text>Shall accept the transfer of 75% of completed credits from students affected by the disorderly closure;</text>
        </level>
        <level label="3">
          <text>Shall allow a Maryland student affected by the disorderly closure to complete the student’s program with substantially the same number of credit hours as was required by the institution operating the closing program; and</text>
        </level>
        <level label="4">
          <text>May not charge a Maryland student tuition or fees in excess of the lesser of:</text>
        </level>
        <level label="A">
          <text>The remaining amount that a Maryland student affected by the disorderly closure would have paid to the closing institution to complete the program; or</text>
        </level>
        <level label="B">
          <text>The transfer institution’s applicable tuition and fees; and</text>
        </level>
      </level>
      <level label="iv">
        <text>Specify that, on request by a Maryland student affected by the disorderly closure, the closing institution shall provide a complete academic record and an official transcript to the Maryland student at no cost to the Maryland student or the State.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>It shall be an unfair, abusive, or deceptive trade practice as defined in § 13–301 of the Commercial Law Article for any institution, person, or entity to collect on a Maryland student’s institutional debt if:</text>
    <level label="1">
      <text>The institutional financial aid agreement does not contain the language required under subsection (c)(2)(iv) of this section; or</text>
    </level>
    <level label="2">
      <text>The institutional debt is owed by a Maryland student who attended a program in which a disorderly closure occurred.</text>
    </level>
  </level>
  <level label="e">
    <text>The Commission shall adopt regulations to carry out the provisions of this section.</text>
  </level>
</section>
