# Education (GED)

## Title 14. Morgan State University and St. Mary's College of Maryland

### Subtitle 4. St. Mary's College of Maryland

#### Section 14-401

There is a St. Mary's College of Maryland, a public honors college, located in St. Mary's County.

#### Section 14-402

(a) The government of St. Mary's College of Maryland is vested in the Board of Trustees of St. Mary's College of Maryland.

(b)

  (1) The Board of Trustees consists of 26 members.

  (2) Of the 26 members:

    (i) 23 members shall be appointed by the Governor upon the recommendation of the Board of Trustees, with the advice and consent of the Senate;

    (ii) 1 member shall be the Chairman of the Historic St. Mary's City Commission, or the Chairman's designee;

    (iii) 1 member shall be the President of the St. Mary's Alumni Association; and

    (iv) 1 member shall be a student in good academic standing at the College.

(c)

  (1) Except for the Chairman of the Historic St. Mary's City Commission, the President of the St. Mary's College Alumni Association, and the student member, each member serves for a term of 6 years and until a successor is appointed and qualifies. These terms are staggered as required by the terms of the members serving on July 1, 1978.

  (2) The Chairman of the Historic St. Mary's City Commission serves on the Board of Trustees of St. Mary's College of Maryland for as long as that individual serves as Chairman of the Commission.

  (3) The President of the St. Mary's College Alumni Association serves on the Board of Trustees of St. Mary's College of Maryland for as long as that individual serves as President of the Association.

  (4) The student member serves for a term of 1 year and until a successor is appointed and qualifies.

  (5) 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.

  (6)

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

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

(d) Each member of the Board:

  (1) Serves without compensation; and

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

#### Section 14-403

(a) Each year the Board shall elect from among its members:

  (1) A chairman; and

  (2) Any other officer it requires.

(b) The Board shall determine the time and place of its meetings and may adopt rules for the conduct of its meetings.

#### Section 14-404

(a) In addition to any other powers granted and duties imposed by this title, and subject to the provisions of Title 11 of this article and any other restrictions imposed by law by specific reference to St. Mary's College of Maryland or by any trust agreement involving a pledge of property or money, the Board of Trustees is responsible for the governance and management of the College, and has all the powers, rights, and privileges that go with that responsibility, including the powers and duties set forth in this section.

(b) The Board of Trustees:

  (1) Has the care, control, and management of the College and all of its property and assets;

  (2) May not be superseded in its authority by any State agency or office in managing the affairs of the College except as provided for in this article or any other provision of law by specific reference to the College; and

  (3) May appoint a President of the College who shall be the Chief Executive Officer of the College and the Chief of Staff for the Board.

(c)

  (1) 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 College.

  (2) Except with respect to classified employee grievance appeals, Title 10, Subtitles 1 and 2 of the State Government Article "Administrative Procedure Act" are not applicable to the Board of Trustees.

(d) The Board of Trustees may:

  (1) Apply for, accept, and spend any gift or grant from the federal government, any State agency or office, any foundation, or any other person; and

  (2) Maintain and manage endowment funds.

(e)

  (1) The President shall develop an overall plan that is consistent with the statewide plan for higher education and the Charter that:

    (i) Sets forth both long-range and short-range goals, objectives, and priorities for, and service provided by St. Mary's College of Maryland and methods and guidelines for achieving and maintaining them;

    (ii) Subject to Sec. 11-105 of this article, identifies the role, function, and mission of St. Mary's College of Maryland;

    (iii) Enhances its role as a traditional liberal arts college;

    (iv) Affirms the need for increased access for economically disadvantaged and minority students;

    (v) Ensures that access to the College by State residents is not diminished because of increases in tuition and other fees occasioned by the College's designation as a public honors college;

    (vi) Encourages and supports high quality undergraduate programs; and

    (vii) Stimulates outreach to the community and the State through close relationships with public elementary and secondary schools, business and industry, and governmental agencies.

  (2) The Board of Trustees shall review, modify, and approve the plan.

  (3) By July 1 of each year, the Board of Trustees shall submit to the Maryland Higher Education Commission, to the Governor and, subject to Sec. 2-1257 of the State Government Article, to the General Assembly an annual review of the plan.

(f) The student member may not participate in establishing or administering faculty or administrative personnel policy at St. Mary's College of Maryland.

(g) The Board of Trustees may grant full faculty status, with all the rights and privileges pertaining to that status, to the Executive Director of the Historic St. Mary's City Commission.

(h)

  (1) The Board:

    (i) Has the power to sue or be sued; and

    (ii) May carry comprehensive liability insurance to protect the Board, its agents, and employees.

  (2) The determination whether to purchase insurance, and its scope and limitations, shall be within the Board's discretion, taking into account commercial availability and affordability and the existence and extent of insurance secured by the State Treasurer.

  (3)

    (i) Title 12, Subtitle 1 of the State Government Article "Maryland Tort Claims Act" applies to claims or actions against the College, its Board, and its employees.

    (ii) Subject to all exclusions and limitations in that subtitle, the immunity of the College is waived to the extent of any insurance coverage purchased under this subsection.

  (4) 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.

  (5) Nothing in this subsection shall be construed to waive or abrogate the immunity of the College under the Eleventh Amendment to the United States Constitution.

#### Section 14-405

(a) The Board of Trustees shall prepare and implement both a capital and operating budget for the management of the College.

(b)

  (1) In order to ensure a stable and predictable level of funding, the Governor shall include in the annual budget submission a General Fund grant to St. Mary's College of Maryland.

  (2)

    (i) For fiscal year 1993, the grant shall be as provided for in the State fiscal year 1993 appropriation.

    (ii) For fiscal year 1994 and each year thereafter, the proposed grant shall be equal to the grant of the prior year augmented by funds required to offset inflation as indicated by the implicit price deflator for State and local government.

    (iii) Beginning in fiscal year 2019, if the College's 6-year graduation rate as reported by the Maryland Higher Education Commission is 82% or greater in the second preceding fiscal year, the proposed grant for the upcoming fiscal year shall be increased by 0.25%.

  (3)

    (i) Beginning in fiscal year 2019, in addition to the grant provided under paragraph (2) of this subsection, the College shall receive the amounts specified under this paragraph.

    (ii) For each fiscal year, the State shall provide to the College funds to pay for the increase in State-supported health insurance costs of the College.

    (iii) For each fiscal year in which the State provides a cost-of-living adjustment for State employees, the State shall provide to the College 100% of the cost-of-living adjustment wage increase for State-supported employees of the College.

    (iv) For each fiscal year in which the State provides funds to other public senior higher education institutions to moderate undergraduate resident tuition increases, it is the intent of the General Assembly that the State shall provide to the College funds for the same purpose.

  (4) Funding provided under paragraph (3) of this subsection:

    (i) May not be included in the calculation of the proposed grant under paragraph (2) of this subsection for any following fiscal year; and

    (ii) Shall be provided in the same amount in each following fiscal year.

  (5) The State shall pay the General Fund grants under this subsection to the College on a quarterly basis.

  (6) Nothing in this subsection may be construed to restrict the budgetary power of the General Assembly.

  (7) Except as provided in paragraph (3) of this subsection, the College shall support all operating costs, including personnel and retirement costs, from its General Fund grant and the other revenue sources of the College.

(c)

  (1) Subject to the approval of the Board of Public Works, the Board may acquire, lease, encumber, sell, or otherwise dispose of real property held by the State for the use of St. Mary's College of Maryland.

  (2) The Board may acquire, lease, encumber, sell, or otherwise dispose of personal property.

  (3) The title to any land acquired by St. Mary's College of Maryland shall be held by the State of Maryland for the use of St. Mary's College of Maryland.

(d)

  (1) The Board may borrow money for the purposes and on the terms that the Board determines.

  (2) The Board may secure a loan with property acquired by the Board or with revenues derived from the property.

  (3) A loan under this section does not:

    (i) Create or constitute a debt or obligation of the State or any unit of the State other than the College; or

    (ii) Create or constitute a debt or obligation contracted by the General Assembly or pledge the faith and credit of the State within the meaning of Article III, Sec. 34 of the Maryland Constitution.

(e)

  (1)

    (i) The income of the College shall be deposited in the State Treasury or as the State Treasurer directs.

    (ii) The State Treasurer shall invest the funds and credit to the College any interest or other income from the investment of the funds.

  (2) The College may spend or encumber, within the fiscal year they are received, revenues received in excess of those estimated for any fiscal year.

  (3) Any unexpended or unencumbered balances of the College's revenues shall not revert to the General Fund of the State at the end of each fiscal year.

(f)

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

  (2)

    (i) Subject to review and approval by the Board of Public Works and the Administrative, Executive, and Legislative Review Committee of the General Assembly, the Board of Trustees shall develop policies and procedures governing procurements by the College.

    (ii) The policies and procedures developed under subparagraph (i) of this paragraph shall promote the purposes of the State procurement law as set forth in Sec. 11-201 of the State Finance and Procurement Article.

#### Section 14-406

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Institution" means St. Mary's College of Maryland.

  (3) "Senior citizen" means any resident of this State who is:

    (i) 60 years of age or older;

    (ii) Retired and whose chief income is derived from retirement benefits; and

    (iii) Not employed full time.

  (4) "Tuition" means the basic instructional charge and does not pertain to self-supporting programs or include fees, such as those for registration, application, or laboratory work.

(b) Except as provided in subsection (c) of this section, an institution shall admit a senior citizen to any scheduled course and waive the tuition involved:

  (1) Only when regularly scheduled course space is available;

  (2) For any credit or noncredit course; and

  (3) For as many as 3 courses per term.

(c) An institution may not:

  (1) Allow a senior citizen to enroll in a degree granting program, unless the senior citizen meets the admission standards of the institution; or

  (2) Permit the full-time equivalent enrollment of senior citizens for whom tuition has been waived to exceed 2 percent of its undergraduate full-time equivalent enrollment.

(d) At the termination of each semester, the institution shall furnish to its governing board a statement of the number of senior citizens participating under the provisions of this section.

(e) This section does not prohibit an institution from offering senior citizens educational opportunities free of charge beyond these minimum requirements.

#### Section 14-407

(a) Each year, as required by the Secretary, St. Mary's College of Maryland shall report to the Maryland Higher Education Commission on all assessment and accountability guidelines set by the Maryland Higher Education Commission.

(b) In addition to the duties set forth elsewhere in this subtitle, St. Mary's College of Maryland shall:

  (1) Keep records that are consistent with sound business practices and accounting records using generally accepted accounting principles;

  (2) Cause an audit by an independent certified public accountant to be made of the accounts and transactions of the College at the conclusion of each fiscal year; and

  (3) Be subject to audit and examination at any reasonable time of the accounts, investments, and transactions of the College by the Office of Legislative Audits of the Department of Legislative Services.

#### Section 14-408

(a)

  (1)

    (i) On the recommendation of the President, and in accordance with the requirements of Title 3 of the State Personnel and Pensions Article, the Board of Trustees of St. Mary's College of Maryland shall establish a personnel system.

    (ii) The personnel system established under subparagraph (i) of this paragraph shall include provisions for consideration of hiring a contractual employee to fill a vacant position in the same or similar classification in which the contractual employee is employed.

  (2) To carry out the requirements of this section, the Board:

    (i) May establish and abolish positions;

    (ii) May determine employee qualifications;

    (iii) May establish terms of employment, including compensation, benefits, holiday schedules, and leave policies;

    (iv) May determine any other matters concerning employees; and

    (v) Shall designate one or more representatives to participate as a party in collective bargaining on behalf of the College in accordance with Title 3 of the State Personnel and Pensions Article.

(b) The personnel system shall provide fair and equitable procedures for:

  (1) The redress of employee grievances; and

  (2) The hiring, promotion, and termination of employees in accordance with law.

(c) The employee grievance procedures shall include redress of any violation of Title 2, Subtitle 4 of the State Personnel and Pensions Article, including the award and payment of damages.

(d)

  (1) Except as provided in paragraph (2) of this subsection, an employee of the College qualifies for and shall participate in the Employees' Pension System of the State of Maryland or the Teachers' Pension System of the State of Maryland.

  (2) An employee in a position determined by the Board to be a professional or faculty position may join the optional retirement program under Title 30 of the State Personnel and Pensions Article.

#### Section 14-409

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Computer-based instructional technology" has the meaning stated in Sec. 12-101 of this article.

  (3) "Technology" has the meaning stated in Sec. 12-101 of this article.

(b) By January 1, 2007, the Board of Trustees shall develop a nonvisual access clause for use in the procurement of computer-based instructional technology.

(c) The nonvisual access clause developed under subsection (b) of this section shall be consistent with the standards developed by the Department of Budget and Management in accordance with the provisions of Sec. 3-412 of the State Finance and Procurement Article.

#### Section 14-410

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Academic year" means the period commencing with the fall semester and continuing through the immediately following summer session at St. Mary's College of Maryland.

  (3) "Fund" means the Higher Education Investment Fund established in Sec. 15-106.6 of this article.

  (4)

    (i) "Tuition" means the charges approved by the Board of Trustees of St. Mary's College of Maryland that are required of all undergraduate resident students by the institution as a condition of enrollment regardless of the student's degree program, field of study, or selected courses.

    (ii) "Tuition" does not include:

      (1) Fees that are required of all undergraduate resident students by the institution as a condition of enrollment regardless of the student's degree program, field of study, or selected courses;

      (2) Fees dedicated to support auxiliary enterprises and other self-funded activities of the institution; or

      (3) A fee required only for enrollment in a specific degree program, field of study, or course when that fee is not required of undergraduate resident students at the institution for enrollment in other degree programs, fields of study, or courses.

(b) Notwithstanding any other provision of law, for the academic years beginning in the fall of 2013 and the fall of 2014, the Board of Trustees may not approve and may not impose an increase in the tuition charged for an academic year to a resident undergraduate student at the institution over the amount charged for tuition at the institution in the preceding academic year.

(c) From the Fund, the Governor shall appropriate to St. Mary's College of Maryland:

  (1) For fiscal year 2014, $800,000; and

  (2) For fiscal year 2015, $1,616,000.

(d) The calculation made under Sec. 14-405 of this subtitle for the fiscal year 2016 General Fund grant shall include the fiscal year 2015 appropriation from the Fund made under this section.

#### Section 14-411

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Fund" means the Higher Education Investment Fund established in Sec. 15-106.6 of this article.

  (3) "Grant" means the DeSousa-Brent Scholars Completion Grant.

(b) There is a DeSousa-Brent Scholars Completion Grant to St. Mary's College of Maryland.

(c) The purpose of the Grant is to increase the retention and graduation rates of DeSousa-Brent scholars at St. Mary's College of Maryland.

(d) For fiscal years 2014 through 2019, the Governor shall appropriate the following grant amounts from the Fund to St. Mary's College of Maryland:

  (1) $300,000 in fiscal year 2014;

  (2) $550,000 in fiscal year 2015; and

  (3) $800,000 in each of fiscal years 2016 through 2019.

(e) For fiscal years 2015 through 2020, except as provided in subsection (f) of this section, the prior fiscal year's appropriation from the Fund made under this section may not be included in the calculation under Sec. 14-405 of this subtitle.

(f) The fiscal year 2019 appropriation from the Fund shall be included in the calculation under Sec. 14-405 of this subtitle for the fiscal year 2020 General Fund grant appropriation if:

  (1) The first- to second-year retention rate for the fall 2015 cohort of the DeSousa-Brent scholars is at least 88%;

  (2) The first- to third-year retention rate for the fall 2015 cohort of the DeSousa-Brent scholars is at least 79%; and

  (3) The four-year graduation rate for the fall 2015 cohort of the DeSousa-Brent scholars is at least 70%.

(g) On or before December 1 of each year St. Mary's College of Maryland shall report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly the retention and graduation rates of DeSousa-Brent scholars.

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Md. Code Ann., Educ. (as displayed at mgaleg.maryland.gov, October 16, 2026)