Education (GED) — Title 12. University System of Maryland

In this title the following words have the meanings indicated.

“Board” or “Board of Regents” means the Board of Regents of the University System of Maryland.

“Centers” or “institutes” means the following components of the System under the jurisdiction of the Board of Regents:

“Chancellor” means the Chief Executive Officer of the University System of Maryland and the Chief of Staff for the Board of Regents.

“Computer–based instructional technology” means computer hardware or software used by faculty and students in the delivery of the instructional program.

“Constituent institutions”, “institutions”, or “campuses” means the following public senior higher education institutions under the jurisdiction of the Board of Regents:

“President” means the Chief Executive Officer of a constituent institution of the University System of Maryland.

“Quasi–endowment funds” means funds that the University System of Maryland retains and manages in the same manner as an endowment.

“Technology” means the latest state–of–the–art technology products and services, including:

“University” or “University of Maryland System” means the University System of Maryland.

There is a body corporate and politic known as the University System of Maryland.

The University is an instrumentality of the State and a public corporation.

The University is an independent unit of State government.

The exercise by the University of the powers conferred by this subtitle is the performance of an essential public function.

One member shall be the Secretary of Agriculture ex officio;

One member shall be the Secretary of Commerce ex officio;

One member shall be appointed by the President of the Senate;

One member shall be appointed by the Speaker of the House; and

The remaining members of the Board shall:

Ensure that one member of the Board is a graduate of a historically Black college or university in the University System of Maryland; and

Consider representation from all parts of the State.

Each member of the Board appointed under subsection (c)(1) and (6) of this section shall be appointed by the Governor, with the advice and consent of the Senate.

After the 40th day, and before the 80th day, from the commencement of each regular session of the General Assembly, the Senate shall consider each year’s appointees to the Board collectively to ensure adequate balance of membership.

Except for the student members, each appointed member serves for a term of 5 years from July 1 of the year of appointment and until a successor is appointed and qualifies. These members may be reappointed.

The student members shall be appointed for a term of 2 years, from July 1, and may be reappointed if the student remains a student at any campus of the University System of Maryland.

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.

The unexpired or partial term of a member appointed to fill a vacancy occurring during a 5–year term does not qualify as a full term for the newly appointed member.

Each member of the Board:

In December each year, the Board of Regents shall elect from among the members of the Board of Regents:

The Governor, the State Treasurer, and the State Comptroller shall be notified of all meetings of the Board and may sit with the Board at any meeting.

The Secretary of Budget and Management, the Chairmen of the Senate Finance and Budget and Taxation Committees, and the Chairmen of the House Ways and Means and Appropriations Committees shall be invited to sit with the Board at any meetings of the Board at which requests for appropriations are prepared.

A majority of the voting members shall constitute a quorum for the transaction of business.

No formal action may be taken by the Board without the approval of a majority of the voting members of the Board.

Exercise all the corporate powers granted Maryland corporations under the Maryland General Corporation Law;

Adopt and alter an official seal;

Sue and be sued, complain, and defend in all courts;

Maintain offices at the places the Board of Regents may designate;

Enter into contracts of any kind, and execute all instruments necessary or convenient with respect to its carrying out the powers in this subtitle to accomplish the purposes of the University;

Subject to the provisions of subsections (g) and (h) of this section, acquire, hold, lease, use, encumber, transfer, exchange, or dispose of real and personal property;

Borrow money from any source to acquire personal property as provided in § 12–105(c) of this subtitle; and

In addition to the powers set forth in Title 19 of this article and subject to the approval of the Board of Public Works, borrow money from any source for any corporate purpose, including working capital for its operations, reserve funds or interest, and mortgage, pledge, or otherwise encumber the property or funds of the University, and contract with or engage the services of any person in connection with any financing, including financial institutions, issuers of credit, or insurers.

Is responsible for the management of the University System of Maryland and has all the powers, rights, and privileges that go with that responsibility, including the power to conduct or maintain any institutions, schools, or departments in the University at the locations the Board determines;

Shall consult with the presidents in developing policies, guidelines, and plans for the University System of Maryland; and

May not be superseded in its authority by any other State agency or office in managing the affairs of the University System of Maryland or of any constituent institutions and centers under the Board’s jurisdiction.

The act of incorporation of the Maryland College of Agriculture;

The Charter of the University of Maryland; and

The charter of any constituent institution.

The Board may:

On or before November 1 each year, the Board shall submit to the Governor, the Comptroller, the State Treasurer, and, in accordance with § 2–1257 of the State Government Article, the General Assembly, an annual investment performance report comparing the various components of the University’s gift, endowment, and quasi–endowment investment portfolio to appropriate benchmarks.

The Board may establish new institutions, regional higher education centers, and branches subject to:

Without the approval of the Governor and the General Assembly, the Board may not change the name of any constituent institution.

Subject to the approval of the Governor and the General Assembly, the Board may merge, consolidate, or close any constituent institution.

In its discretion, the Board may establish, merge, consolidate, or close any center or institute.

With the approval of the Board of Public Works, the Board of Regents may sell or exchange any part of its real properties.

Title 12, Subtitle 1 of the State Government Article (“Maryland Tort Claims Act”) applies to claims or actions against the University System of Maryland and its employees.

Subject to all exclusions and limitations in that subtitle, the immunity of the University System of Maryland is waived to the extent of any applicable liability insurance purchased by the University or the State Treasurer.

Nothing in this subsection shall be construed to waive or abrogate sovereign immunity with respect to any claim that is not covered by or exceeds the limits of an insurance policy.

Nothing in this subsection shall be construed to waive or abrogate the immunity of the University System of Maryland under the Eleventh Amendment to the United States Constitution.

Subject to Title 3 of the General Provisions Article, the Board may make rules and regulations, and prescribe policies and procedures, for the management, maintenance, operation, and control of the University System of Maryland.

Except with respect to grievance appeals under Title 13, Subtitle 2 of this article, Title 10, Subtitles 1 and 2 of the State Government Article (“Administrative Procedure Act”) are not applicable to the University.

Except as provided in subsections (f) and (g) of this section, the Board:

Any delegation of authority may be modified or rescinded by the Board of Regents at any time in whole or in part.

The Board of Regents shall develop policies and guidelines that:

The Board of Regents and the Chancellor are encouraged to meet periodically with the boards of visitors of the constituent institutions to develop close working relationships.

To the extent possible and appropriate, the Board of Regents should include members of boards of visitors actively in all searches for campus presidents and invite members of boards of visitors to participate in meetings of the Board of Regents and its committees.

Award graduate degrees in marine and environmental sciences jointly with another public senior higher education institution; and

Award post baccalaureate certificates.

20 or more new jobs in the State of Maryland;

The award or completion of at least $1,000,000 in externally funded research or other projects;

The establishment or relocation of one or more new companies to be registered or incorporated in the State and doing business in the State;

The production of at least $1,000,000 of annual gross revenue;

The licensing and potential commercialization of a promising new technology or other product; or

An academic program to meet workforce demand in a documented labor shortage field.

Job creation and workforce development;

Technology transfer, commercialization, and entrepreneurship; and

Increased sponsored research funding and other revenues.

The president of a constituent institution, or the president’s designee, shall forward a request to the Chancellor for certification that the activity meets the criteria defined in subsection (a) of this section; and

The Chancellor, or the Chancellor’s designee, shall notify the Board of Regents and the Board of Public Works of any certified activity for review.

Notwithstanding any other provision of law, for any high impact economic development activity within the scope of § 5–310 or § 10–305 of the State Finance and Procurement Article, the Board of Regents shall be fully responsible for administering the review and comment process prescribed in those sections.

In administering the review and comment process prescribed in §§ 5–310 and 10–305 of the State Finance and Procurement Article, the Board of Regents shall include in that process the appropriate legislative committees and units of State government, which may include:

The Board of Regents shall adopt policies and procedures to ensure that the notice and opportunity for review are conducted in a manner that provides a reasonable period to complete while not impairing the institution’s capacity for the expeditious and successful pursuit of a high impact economic development activity.

In consultation with the institutions and the Chancellor, the Board shall:

After the Board submits the requests for appropriations to the Commission, Governor, and General Assembly, on a date set by the Governor, the Presidents of the University of Maryland campuses shall have the opportunity to meet with the Governor to present the institution’s annual budget request and proposals for capital projects for the next fiscal year to:

The title to any land acquired by the University System of Maryland shall be in the State of Maryland for the use of the University System of Maryland.

All property of the University is the property of the State.

The Board may borrow money to acquire interests in personal property, including fixtures, for the University System of Maryland, on such terms and conditions as the Board considers proper.

Such borrowing may be secured by the personal property acquired or revenues derived from such property.

All income of the University shall be deposited:

By an approved budget amendment, the University may spend, or encumber, within the fiscal year in which they are received, revenues received in excess of those estimated for any fiscal year.

All unexpended or unencumbered balances of the University’s revenues:

The provisions of this subsection may not be interpreted in any way that would diminish the authority of the Board of Regents under § 12–104(c) of this subtitle.

The interest or other income from the investment of any funds of the University shall be credited to the University, provided that any interest estimated to be earned on the State appropriation must be offset by an equivalent reduction in State General Fund support, and such amount will be reported annually, subject to § 2–1257 of the State Government Article, to the General Assembly.

Notwithstanding any other provision of law, and except as provided in paragraph (2) of this subsection, the University shall use the statewide Financial Management Information System as administered by the Executive Branch as its accounting, budgeting, personnel, and payroll system.

The University may use an internal Financial Management Information System software program and State–approved interfaces for its accounting, budgeting, personnel, and payroll systems.

In consultation with the presidents of the constituent institutions and the University of Maryland campuses, the Chancellor shall develop an overall plan that:

The Board shall review, modify, as necessary, and approve the overall plan.

By July 1 of each year, the Board shall submit to the Maryland Higher Education Commission, to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly an annual review of the plan.

Review and approve before implementation each proposal for:

Review existing programs and make necessary determinations for the continuation or modification, or the elimination of unreasonable duplication, in existing programs;

Prescribe minimum admission standards;

Establish general guidelines for tuition and fees;

Establish and implement:

Review each new program proposed to be established and implemented within existing program resources in accordance with § 11–206.1 of this article;

Ensure that the new program:

Approve the proposed new program within 60 days if the program meets the criteria in item (2) of this subsection, subject to the requirements of § 11–206.1(e) and (f) of this article.

The discipline, suspension, expulsion, or reinstatement of any student; and

The recognition and conduct of student organizations and athletic programs and activities.

Achieve the goals, measures, and commitments contained in any applicable equal educational opportunity plan adopted by the State;

Devote ample resources to achieving the equal employment opportunity goals and objectives; and

Ensure that women and minorities are equitably represented among the student body, faculty, staff, and administration of the University System, so that the University reflects the diversity of the State’s population.

Designate an office to coordinate and monitor the equity activities and programs of the constituent institutions;

Require the constituent institutions to submit plans, reports, and data in the format the Board prescribes; and

Conduct studies of the effectiveness of institutional efforts and methods.

The Board of Regents shall appoint a Chancellor of the University System of Maryland.

The Chancellor is the Chief Executive Officer of the University System of Maryland and the Chief of Staff for the Board.

The Chancellor shall:

The Chancellor serves at the pleasure of the Board.

The Chancellor is entitled to the compensation established by the Board.

The Chancellor may:

Each employee of the Board shall join the Teachers’ Pension System of the State of Maryland or the Employees’ Pension System of the State of Maryland.

As an alternative, any employee in a position determined by the Board to be a professional position may join the optional retirement program under Title 30 of the State Personnel and Pensions Article.

Except as provided in Subtitle 3 of this title, and subject to paragraph (2) of this subsection, in consultation with the Chancellor and after a thorough search, the Board of Regents shall appoint a qualified person as president of each constituent institution.

The Board of Regents shall approve the membership of any search committee convened to recommend a qualified person as president of a constituent institution.

Serve as the chief executive officer of the institution;

Be responsible and accountable to the Board for the discipline and successful conduct of the institution and supervision of each of its departments; and

Take every initiative in:

Develop a plan of institutional mission in accordance with Title 11, Subtitle 3 of this article;

Have the authority to develop new academic programs and curtail or eliminate existing programs in accordance with the procedures set forth in §§ 11–206 and 11–206.1 of this article;

Formulate operating and capital budget requests designed to further the mission of the institution;

Appoint, promote, fix salaries, grant tenure, assign duties, and terminate personnel;

Subject to the provisions of subsection (g) of this section, have authority to create any position within existing funds available to the University, to the extent the cost of the position, including the cost of any fringe benefits, is funded from existing funds;

Establish admissions standards;

Subject to subsection (h) of this section, set tuition and fees;

Administer financial aid;

Enter into contracts and cooperative agreements;

Have the authority to accept gifts and grants and maintain and manage endowment income;

Have the authority to recommend change in the name or status of the institution;

Regulate and administer athletic and student activities;

In compliance with State, federal, and Board mandates and policies, oversee affirmative action and equal employment opportunities;

Establish organizations for the administration of campus alumni affairs;

Be responsible for all academic matters;

Have the authority to establish and appoint an institutional board to:

Establish traffic regulations for the campus;

Designate one or more representatives to participate as a party in collective bargaining on behalf of the institution in accordance with Title 3 of the State Personnel and Pensions Article; and

Perform any other duties assigned by the Board.

The institutional boards established under subsection (e)(16) of this section shall be known as boards of visitors. Each board shall submit a report by October 1 of each year to:

Except as provided in paragraph (3) of this subsection, each report submitted under paragraph (1) of this subsection shall include the comments of the appropriate board on the institution’s progress toward meeting its goals consistent with its mission.

The report of the University of Maryland, College Park Campus Board of Visitors shall include:

The institutional boards of visitors are encouraged to meet periodically with the Chancellor and Board of Regents to develop close working relationships.

Upon the recommendation of the Chancellor who shall consult with the presidents, and in accordance with the requirements of Title 3 of the State Personnel and Pensions Article, the Board of Regents shall establish general standards and guidelines governing the appointment, compensation, advancement, tenure, and termination of all faculty and unrepresented employees in the University System of Maryland and shall apply the standards and guidelines in a negotiated memorandum of understanding to all represented employees covered by the memorandum of understanding.

These standards and guidelines shall recognize the diverse missions of the constituent institutions.

Prescribe additional personnel policies; and

Approve individual personnel actions affecting the terms and conditions of academic and administrative appointments.

Except as provided in § 11-203(e) of the State Finance and Procurement Article, the University is exempt from Division II of the State Finance and Procurement Article.

A business entity established, invested in, financed, or operated in accordance with this section may not be considered an agency or instrumentality of the State or a unit of the Executive Branch for any purpose.

A financial obligation or liability of a business entity established, invested in, financed, or operated in accordance with this section may not be a debt or obligation of the State or University.

Subject to the requirements of this section, an institution may establish, invest in, finance, or operate a corporation, foundation, consortium, or other entity that is intended to support a high impact economic development activity, as defined in § 12–104.1 of this subtitle.

Notwithstanding the provisions of §§ 5–501 through 5–504 of the General Provisions Article and subject to § 5–525 of the General Provisions Article, an official or employee of a public institution of higher education may be a director, official, or employee of an entity intended to support a high impact economic development activity, if the individual’s participation advances the interests of the institution.

Division II of the State Finance and Procurement Article does not apply to transactions between an entity established, financed, or operated under this subsection and the institution or consortium of institutions that established, financed, or operated the entity.

Provide students access to all required course materials in the form of free or low–cost digital materials; and

May provide students access to course materials with a low–cost print option as an alternative to free or low–cost digital materials.

Shall, to the extent practicable, include openly licensed educational resources; and

Shall be equally accessible to and independently usable by individuals with disabilities.

A member of the Board of Regents may not, for the benefit of the Governor, Lieutenant Governor, Attorney General, or Comptroller, a member of the General Assembly, or a candidate for election to the office of Governor, Lieutenant Governor, Attorney General, Comptroller, or member of the General Assembly, engage in the following activities:

This section does not prohibit a member of the Board of Regents from:

A member of the Board of Regents may not be a candidate for a public office while serving on the Board.

Provide students in the College of Agriculture and Natural Resources at the University of Maryland, College Park Campus with at least one semester, where appropriate, of work experience relevant to their major, including on–farm experience for students interested in careers related to production of agriculture; and

Promote careers in agriculture and natural resources in the State.

Satisfies the standards and guidelines established by the Chancellor under subsection (b) of this section; and

Addresses the needs of students at the institution who are recovering from alcohol or drug addiction.

In this section the following words have the meanings indicated.

“Center” means the Maryland Center for Computing Education.

“Fund” means the Computing Education and Professional Development Fund.

“Plan” means the Maryland State Computer Science Education Implementation Plan.

There is a Maryland Center for Computing Education in the University System of Maryland.

The purpose of the Center is to expand access to high–quality computer science education in grades prekindergarten through 12 by strengthening the skills of educators and increasing the number of computer science teachers in elementary and secondary education.

In carrying out the powers and duties granted under this section, the Center shall work in consultation and collaboration with institutions of higher education in the State, including:

The Center shall develop a Maryland State Computer Science Education Implementation Plan.

In developing the Plan, the Center shall place priority on reaching school districts with high poverty and large rural areas and student populations that are underrepresented in computer science fields.

The Plan shall identify:

On or before July 1, 2019, the Center shall finalize and publish the Plan on its website.

The Center shall provide professional development and programs to broaden and sustain the pool of teachers needed to achieve the requirements of § 4–111.4 of this article.

In providing professional development to computer science teachers, the Center shall:

There is a Computing Education and Professional Development Fund.

The purpose of the Fund is to support the activities of the Center and provide grants under this section.

The Center shall administer the Fund.

The Fund consists of:

The Fund may be used only for:

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

The Center shall, when economically beneficial, leverage State resources and systems to effectively and efficiently execute the requirements of this section.

Each fiscal year, the Governor shall include in the annual budget bill an appropriation of at least $5,000,000 to implement the provisions of this section.

Funds provided in accordance with this subsection shall supplement and may not supplant any other funding provided to the University of Maryland School of Medicine.

For fiscal years 2023 through 2025, the Governor shall include in the annual budget bill an appropriation of at least $2,000,000 to implement the provisions of this section.

Funds provided in accordance with this subsection shall supplement and may not supplant any other funding provided to the University of Maryland School of Medicine.

There is a Center for Cybersecurity at the University of Maryland Baltimore County (UMBC).

The Center for Cybersecurity is housed within the College of Engineering and Information Technology at UMBC.

The number of new companies that are created;

The number of UMBC graduates who are employed in Maryland–based businesses;

Participation in workforce training programs; and

External research activities and partnerships.

In this section the following words have the meanings indicated.

“Hub” means a Maryland Technology Extension Hub.

“Partnership” means the Maryland Artificial Intelligence Partnership.

“Plan” means the Maryland State Artificial Intelligence Strategic Plan.

There is a Maryland Artificial Intelligence Partnership in the University System of Maryland.

The purpose of the Partnership is to provide a single nexus for stakeholders in artificial intelligence initiatives to advance the innovation, economic growth, workforce development, and public good across the State.

The Partnership shall:

In carrying out the powers and duties granted under this section, the Partnership shall consult with:

There is a Director in the Partnership.

On or before December 1, 2027, and each December 1 thereafter, the Partnership shall submit a progress report on achieving the Plan.

The Partnership shall submit the reports required under this subsection to:

On or before December 15, 2027, there shall be one Hub in each of three regions of the State established on a pilot basis.

Each Hub shall:

Subject to a memorandum of understanding between the University System of Maryland and the Department of Budget and Management, there is an Artificial Intelligence Incubation Lab in the University System of Maryland.

The purpose of the Lab is to assist State agencies to accelerate the responsible use of artificial intelligence by helping State agencies to discover, develop, and apply prototypes and manage risk of artificial intelligence solutions.

In this section the following words have the meanings indicated.

“Program” means the Southern Maryland Early College Teacher Pathway Program.

“Program Workgroup” means the Southern Maryland Early College Teacher Pathway Program Workgroup.

Create a structured, credit–bearing pathway for high school students to begin preparation to teach primary and secondary education;

Expand access to and ensure the affordability of higher education for all high school students, including students who are:

Build a strong and diverse teacher pipeline to serve the State’s public primary and secondary schools; and

Serve as a model to be replicated for regional implementation statewide.

The University shall convene a Southern Maryland Early College Teacher Pathway Program Workgroup to develop the recommendations for the Program and the teacher preparation pathway in Southern Maryland.

The Program Workgroup shall consist of the following members:

On or before June 30, 2029, the University shall report to the Department, the Commission, the Governor, and, in accordance with § 2–1257 of the State Government Article, the Senate Education, Energy, and the Environment Committee and the House Ways and Means Committee on:

The Board shall establish:

These councils shall serve in an advisory capacity to the Chancellor and may, from time to time, make reports and recommendations to the Board.

There is a University of Maryland, which is a strategic partnership between the following two distinct campuses within the University System of Maryland:

The University of Maryland strategic partnership is a formal strategic alliance which leverages the resources of each campus within the University of Maryland to benefit the State and improve and enhance:

The University of Maryland, unless otherwise provided in this title, is subject to the provisions of Division III of this article.

The University of Maryland shall ensure that the rights, privileges, and agreements of its employees under Division I of the State Personnel and Pensions Article or under any higher education personnel rules or policies are not impaired or reduced.

In addition to the powers and duties established in this subtitle, the presidents shall have the powers and duties as provided in § 12–109 of this title.

The president of each campus shall have the responsibility for that campus within the University of Maryland.

The presidents jointly shall develop and implement a plan that encourages and promotes alignment, cooperation, and collaboration between the College Park Campus and the Baltimore Campus.

The plan shall:

Professional schools or their administrative functions may not be relocated out of Baltimore City.

Notwithstanding paragraph (1) of this subsection, there:

Nothing in the strategic partnership may be construed to prevent or restrict collaboration or coordination between the University of Maryland, other institutions, and entities including the University of Maryland Medical System.

The presidents shall actively seek collaboration with other institutions and entities, particularly in the Baltimore metropolitan region, as appropriate, to benefit the State.

Develop guidelines for faculty appointments that are joint between the College Park Campus and the Baltimore Campus;

Make recommendations to the presidents on joint faculty appointments;

Make recommendations to the presidents identifying competitor state peers for the University of Maryland;

Establish a process by which undergraduate and graduate programs are evaluated to determine whether the students, the University of Maryland, and the State would benefit from alignment and collaboration and make recommendations to the presidents;

Carry out the programs and policies established under the MPower program as directed by the presidents;

Explore opportunities to create registered apprenticeship programs in nursing and other fields that include integration of high school career and technology education programs and University of Maryland graduate and undergraduate programs; and

Perform any other duties assigned by the presidents.

The Governor shall include in the annual State budget for the Council a General Fund appropriation in the following amounts:

The Governor shall include in the annual State budget for the University of Maryland Baltimore County, to further its mission as a research university and to complement the economic development and research activities of the MPowering Joint Steering Council, a General Fund appropriation in the following amounts:

The Governor shall include in the annual State budget for the Council to use exclusively on the University of Maryland Institute for Health Computing a General Fund appropriation in the following amounts:

The money appropriated under paragraphs (1), (2), and (3) of this subsection is supplemental to and may not take the place of funding that otherwise would be appropriated for the Council or the University of Maryland Baltimore County.

There is a Center for Maryland Advanced Ventures at the University of Maryland.

The Center shall be located on the University of Maryland, Baltimore Campus in Baltimore City.

Pursue grant funding for the University of Maryland, including interdisciplinary grant funding;

Facilitate the transfer of technology from the University of Maryland to commercial industries by:

The Center also shall provide the services identified under subsection (b) of this section to any public institution of higher education that requests the services.

Subject to the approval of the presidents, the Center may assess a reasonable fee for providing services to any public institution of higher education other than the University of Maryland.

The presidents shall appoint an Executive Director of the Center.

The Executive Director shall:

There is a University of Maryland Center for Economic and Entrepreneurship Development (UMCEED).

UMCEED shall be located on the College Park Campus.

Virtual and augmented reality;

Neurosciences;

Biomedical devices;

Data analytics;

Cybersecurity; and

Quantum technologies, advanced data computing, and information technologies.

The presidents shall appoint an Executive Director of UMCEED.

The Executive Director shall:

The Governor shall include in the annual budget bill an appropriation of at least the following amounts to UMCEED for the following fiscal years:

In addition to the appropriation required under paragraph (1) of this subsection, for fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of at least $2,500,000 to UMCEED to be used to encourage the development and location of University created or sponsored technology companies in Prince George’s County.