Education (GED) — Title 16. Community Colleges
Statutes in effect as of October 1, 2026.
Subtitle 1. Organization and Government of Community Colleges
Md. Code Ann., Educ. § 16-101 (2026)
Title 16. Community Colleges
Subtitle 1. Organization and Government of Community Colleges
§ 16–101LinkCopy Citation
(a)
There is a board of community college trustees in each county that has one or more community colleges.
(b)
(1)
The governing body of any county that does not have a community college may request permission to establish one from the Maryland Higher Education Commission.
(2)
On recommendation of the Commission, the Governor shall appoint a board of community college trustees for that county.
(c)
Except as provided in Subtitle 4 of this title, each board is composed of seven members appointed by the Governor, with the advice and consent of the Senate.
(d)
(1)
Except as provided in Subtitle 4 of this title, each member serves for a term of 6 years from July 1 of the year the appointment is made and until a successor is appointed and qualifies. These terms are staggered, and of the initial appointments to a board, five shall be for terms of 1 to 5 years respectively, and two shall be for terms of 6 years.
(2)
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.
(3)
A member may be reappointed.
Md. Code Ann., Educ. § 16-102 (2026)
Title 16. Community Colleges
Subtitle 1. Organization and Government of Community Colleges
§ 16–102LinkCopy Citation
(a)
Each board of trustees:
(1)
Shall elect one of its members as its chair;
(2)
Except as provided in § 16–105(g) of this subtitle, shall choose the president of one of the county community colleges to serve as secretary–treasurer of the board; and
(3)
May elect any other officer it requires.
(b)
Each board shall determine the time and place of its meetings and may adopt rules for the conduct of its meetings.
Md. Code Ann., Educ. § 16-103 (2026)
Title 16. Community Colleges
Subtitle 1. Organization and Government of Community Colleges
§ 16–103LinkCopy Citation
(a)
In addition to the other powers granted and duties imposed by this title, and subject to the authority of the Maryland Higher Education Commission, each board of community college trustees has the powers and duties set forth in this section.
(b)
With the approval of the Maryland Higher Education Commission, each board of trustees may establish and operate one or more community colleges.
(c)
Each board of trustees shall exercise general control over the community college, keep separate records and minutes, and adopt reasonable rules, regulations, or bylaws to carry out the provisions of this subtitle.
(d)
Each board of trustees may fix the salaries and tenure of the president, faculty, and other employees of the community college.
(e)
Each board of trustees may purchase, lease, condemn, or otherwise acquire any property it considers necessary for the operation of the community college.
(f)
(1)
Each board of trustees may sell, lease, or otherwise dispose of community college assets or property.
(2)
Except as provided in § 16–105(h) of this subtitle, the president of the community college and the chair of the board of trustees may execute a conveyance or other legal document under an appropriate resolution of the board.
(g)
Each board of trustees may:
(1)
With the approval of the Commission, permit the county board of education to use the lands, buildings, or other facilities of the community college; and
(2)
With the approval of the county board of education, use any land, buildings, assets, or other facilities of the county board of education.
(h)
Each board of trustees may apply for and accept any gift or grant from the federal government or any other person.
(i)
Subject to the minimum standards of the Commission, each board of trustees may determine entrance requirements and approve offerings that consist of:
(1)
Transfer programs offering the equivalent of the first 2 years of a bachelor’s degree program;
(2)
Career programs offering technical, vocational, and semiprofessional education; and
(3)
Continuing education programs.
(j)
Each board of trustees may charge students reasonable tuition and fees set by it with a view to making college education available to all qualified individuals at low cost.
(k)
Each board of trustees may sue and be sued.
(l)
Each board of trustees may make agreements with the federal government or any other person, including agreements between counties to support a regional community college, if the board considers the agreement advisable for the establishment or operation of the community college.
(m)
Except as provided in § 16-105(i) of this subtitle, each board of trustees shall be styled “the board of trustees of ................. community (or junior) college”.
(n)
Each board of trustees may adopt a corporate seal.
Md. Code Ann., Educ. § 16-104 (2026)
Title 16. Community Colleges
Subtitle 1. Organization and Government of Community Colleges
§ 16–104LinkCopy Citation
(a)
Except as provided in § 16–105 of this subtitle, each board of trustees shall appoint a president of each community college under its jurisdiction.
(b)
The president:
(1)
Shall report directly to the board of trustees;
(2)
Shall recommend the appointment by the board of qualified faculty members and other employees necessary for the efficient administration of the community college;
(3)
Shall recommend the discharge of employees for good cause; however, any employee with tenure shall be given reasonable notice of the grounds for dismissal and an opportunity to be heard;
(4)
Is responsible for the conduct of the community college and for the administration and supervision of its departments; and
(5)
Shall attend all meetings of the board, except those involving the president’s personal position as president.
Md. Code Ann., Educ. § 16-105 (2026)
Title 16. Community Colleges
Subtitle 1. Organization and Government of Community Colleges
§ 16–105LinkCopy Citation
(a)
Notwithstanding the provisions of § 16-104 of this subtitle, the provisions of this section shall apply only in Baltimore County.
(b)
There is a Community College of Baltimore County consisting of the following three campuses:
(1)
The Catonsville Campus;
(2)
The Dundalk Campus; and
(3)
The Essex Campus.
(c)
The Board of Trustees for Baltimore County shall appoint a President of the Community College of Baltimore County who shall serve at the pleasure of the Board.
(d)
The President:
(1)
Shall report directly to the Board of Trustees;
(2)
Shall recommend the appointment by the Board of qualified faculty members and other employees necessary for the efficient administration of the Community College of Baltimore County;
(3)
Shall recommend the discharge of employees for good cause; however, any employee with tenure shall be given reasonable notice of the grounds for dismissal and an opportunity to be heard;
(4)
Is responsible for the administration and supervision of the administrators, employees, and departments of the campuses of the Community College of Baltimore County in accordance with the policy manual of the Community College of Baltimore County as adopted from time to time by the Board of Trustees; and
(5)
Shall attend all meetings of the Board, except those involving the President’s personal position.
(e)
Upon the recommendation of the President, the Board of Trustees may appoint a vice president, provost, and administrator of each campus under its jurisdiction.
(f)
The vice presidents, provosts, and administrators of each campus shall report directly to the President.
(g)
Notwithstanding the provisions of § 16-102(a)(2) of this subtitle, the Board of Trustees may choose the President to serve as Secretary-Treasurer of the Board.
(h)
(1)
Notwithstanding the provisions of § 16-103(f)(2) of this subtitle, the Board of Trustees may, by resolution, authorize the President to sign legal documents on behalf of the Board of Trustees including documents related to the disposition of assets or property of the community college.
(2)
The resolution may:
(i)
Authorize the President to delegate the authority given to the President under paragraph (1) of this subsection to designees that the Board of Trustees considers appropriate; and
(ii)
Limit the type of legal documents that the President may delegate to a designee for signature.
(i)
Notwithstanding the provisions of § 16-103(m) of this subtitle, the Board of Trustees shall be styled “the Board of Trustees of the Community College of Baltimore County”.
Md. Code Ann., Educ. § 16-106 (2026)
Title 16. Community Colleges
Subtitle 1. Organization and Government of Community Colleges
§ 16–106LinkCopy Citation
(a)
Any full–time classified employee of a community college who enrolls, during his nonworking hours, in any class at the community college that has at least 10 regularly enrolled students:
(1)
Is exempt from payment of tuition; and
(2)
May not be counted in computing full–time equivalent enrollment at the community college under § 16–305 of this title.
(b)
(1)
(i)
In this subsection, “tuition” means the basic instructional charge for courses offered at a community college.
(ii)
“Tuition” does not include:
(1)
Any fees or costs associated with a self–supporting program; or
(2)
Any fees for:
(A)
Registration;
(B)
Application;
(C)
Administration; or
(D)
Laboratory work.
(2)
Except as provided in paragraph (3) of this subsection, any resident of this State who is 60 years old or older and who enrolls in any class, which is eligible under § 16–305 of this title for State support, at the community college:
(i)
Shall be exempt from payment of tuition; and
(ii)
Shall be counted in computing full–time equivalent enrollment under § 16–305 of this title if enrolled in any class that is eligible for State support.
(3)
A community college is required to waive the tuition for a course for senior citizens under this subsection only when course space is available.
(4)
This subsection may not be construed to prohibit a community college board of trustees from offering senior citizens other educational opportunities free of charge, provided that the senior citizen is not counted in computing full–time equivalent enrollment for the purpose of receiving State support.
(c)
(1)
Any resident of this State who is out of the work force by reason of total and permanent disability who enrolls at a community college in a class that has at least 10 regularly enrolled students:
(i)
Is exempt from payment of tuition:
(1)
For up to 6 credits per semester or up to 12 credits per semester if the individual is enrolled in classes as part of a degree or a certificate program designed to lead to employment; or
(2)
For continuing education instruction designed to lead to employment, including life skills instruction; and
(ii)
Shall be counted in computing full–time equivalent enrollment under § 16–305 of this title.
(2)
In order to receive this exemption, an individual who meets the requirements of paragraph (1) of this subsection shall provide the community college with certification from the Social Security Administration, the Railroad Retirement Board, or in the case of a former federal employee, from the individual’s federal retirement or pension authority of the individual’s:
(i)
Total and permanent disability; and
(ii)
Receipt of disability or retirement benefits based on a standard that is at least as stringent as the standard applied by the Social Security Act.
(3)
Certification from the Social Security Administration of an individual’s receipt of disability or retirement benefits under either Title II or Title XVI of the federal Social Security Act shall satisfy the requirement in paragraph (2)(ii) of this subsection.
(4)
(i)
In order to receive this exemption, an individual who meets the requirements of paragraph (1) of this subsection and is enrolled in a degree or certificate program shall submit a timely application for any State or federal student financial aid, other than a student loan, for which the student may qualify.
(ii)
Any student financial aid, other than a student loan, received by the student shall be applied first to pay the student’s tuition.
(iii)
Under this exemption, the waiver shall apply to the difference, if any, between the charge for tuition and the financial aid award, not including a student loan, that the student receives.
(iv)
On request, the community college shall assist any individual required to submit an application for State or federal student financial aid under this paragraph.
Md. Code Ann., Educ. § 16-107 (2026)
Title 16. Community Colleges
Subtitle 1. Organization and Government of Community Colleges
§ 16–107LinkCopy Citation
(a)
Each board of trustees may carry comprehensive liability insurance to protect the board, its agents and employees, and the agents and employees of any community college under its jurisdiction. The purchase of the insurance is for an educational purpose and is a valid educational expense.
(b)
The Commission may adopt standards for the policies, including a minimum liability coverage which may not be less than $100,000 per occurrence. Any policy purchased after the adoption of these standards shall conform to them.
(c)
Each board of trustees complies with this section if it is self–insured, for at least $100,000 and not more than $500,000 per occurrence, under the rules and regulations of the State Insurance Commissioner.
(d)
This section does not prevent any board of trustees, on its own behalf, from raising the defense of sovereign immunity described under § 5–519 of the Courts Article.
Md. Code Ann., Educ. § 16-108 (2026)
Title 16. Community Colleges
Subtitle 1. Organization and Government of Community Colleges
§ 16–108LinkCopy Citation
(a)
(1)
A board of trustees may submit to the Commission a request for proposals for the offering of a baccalaureate degree program not currently offered in the region.
(2)
The Commission shall distribute the request for proposals to public senior higher education institutions and private nonprofit institutions of higher education.
(b)
Before submitting a request for proposals under subsection (a) of this section, the board of trustees shall:
(1)
Seek input from students, workforce development councils, and other civic, educational, community, and business groups when assessing the educational needs of the region;
(2)
Determine the regional or statewide need for graduates of each program for which a request for proposals is submitted;
(3)
Identify the enrollment patterns, special characteristics of students, and other unique circumstances that would require a program to be offered in a particular manner; and
(4)
Determine that the degree program is necessary to meet the academic and economic development needs of the region or State.
(c)
(1)
The board of trustees may submit the request for proposals to out–of–state senior higher education institutions and for–profit institutions of higher education if none of the senior higher education institutions in the State submit an acceptable response to the request for proposals submitted under subsection (a) of this section.
(2)
Notwithstanding § 11–206(b)(2)(ii) of this article, before offering a degree program that is the subject of the request for proposals, an out–of–state senior higher education institution or for–profit institution of higher education shall seek the approval of the Commission under Title 11, Subtitle 2 of this article.
(d)
The Commission shall adopt regulations to implement the requirements of this section.
Md. Code Ann., Educ. § 16-109 (2026)
Title 16. Community Colleges
Subtitle 1. Organization and Government of Community Colleges
§ 16–109LinkCopy Citation
Each community college shall:
(1)
Ensure all student advisors are trained on the unique needs and resources available for students who are:
(i)
Veterans; or
(ii)
Spouses of veterans;
(2)
Employ at least one employee who, as a component of the employee’s job duties and responsibilities, provides comprehensive and intensive enrollment and advising services to current and prospective students who are:
(i)
Veterans; or
(ii)
Spouses of veterans; and
(3)
Establish a veterans resource center on campus to:
(i)
Provide access to federal and State veterans and spouses of veterans resources;
(ii)
Serve as a quiet place for veterans and spouses of veterans to study;
(iii)
Enable veterans and spouses of veterans to connect to other veterans and spouses of veterans, helping them renew the bonds of service; and
(iv)
Be the central hub for all activities on campus related to veterans and spouses of veterans.
Md. Code Ann., Educ. § 16-110 (2026)
Title 16. Community Colleges
Subtitle 1. Organization and Government of Community Colleges
§ 16–110LinkCopy Citation
(a)
In this section, “student athlete” means a student enrolled at a community college who participates in an intercollegiate athletic program at the community college.
(b)
(1)
The board of community college trustees at a community college shall allow a student athlete to modify the athletic or team uniform of the student athlete in a manner that makes the student athlete’s attire more modest to conform to:
(i)
The requirements or preferences of the student athlete’s religion or culture; or
(ii)
The student athlete’s own preferences for modesty.
(2)
A student athlete may not be required to receive approval from a coach, an administrator, or the board of community college trustees before making the uniform modification.
(c)
(1)
A modification to an athletic or team uniform may include the wearing of:
(i)
A head covering worn for religious reasons, including a Muslim hijab, Jewish kippah, or Sikh dastar;
(ii)
An undershirt; or
(iii)
Leggings.
(2)
A modification to an athletic or team uniform may not:
(i)
Interfere with the movement of the student athlete; or
(ii)
Pose a safety hazard to the student athlete, other student athletes, or others.
(3)
A student athlete may modify the uniform headgear if the modified headgear:
(i)
Is black, white, the predominant color of the uniform, or the same color as that worn by all players on the team;
(ii)
Does not cover any part of the face, unless required for the safety of the wearer;
(iii)
Is not dangerous to the student athlete, other student athletes, or others;
(iv)
Does not have opening or closing elements around the face or neck; and
(v)
Does not have parts protruding from its surface.
(d)
(1)
A student athlete is responsible for all costs associated with the modification of the student athlete’s athletic or team uniform under this section.
(2)
This subsection may not be construed to prohibit a community college from providing the uniform modification to the student.
Md. Code Ann., Educ. § 16-111 (2026)
Title 16. Community Colleges
Subtitle 1. Organization and Government of Community Colleges
§ 16–111LinkCopy Citation
(a)
In this section, “over–the–counter contraception” means a contraceptive drug or device approved by the federal Food and Drug Administration that can be obtained for use without a prescription.
(b)
(1)
On or before August 1, 2025, each community college, in consultation with students and student organizations, shall develop and implement a plan to provide students with access to all methods of over–the–counter contraception.
(2)
The plan under paragraph (1) of this subsection shall include access to over–the–counter contraception through:
(i)
The student health center;
(ii)
Retail establishments on campus;
(iii)
Vending machines; or
(iv)
Any other method that provides all students access when on campus.
(c)
The Maryland Department of Health, on request, may provide assistance to a community college in:
(1)
Developing a plan under this section; and
(2)
Consulting and collaborating with organizations with expertise in providing access to over–the–counter contraception through vending machines.
Subtitle 2. Regional Community Colleges
Md. Code Ann., Educ. § 16-201 (2026)
Title 16. Community Colleges
Subtitle 2. Regional Community Colleges
§ 16–201LinkCopy Citation
The provisions of this title apply to any regional community college, unless the context requires otherwise.
Md. Code Ann., Educ. § 16-202 (2026)
Title 16. Community Colleges
Subtitle 2. Regional Community Colleges
§ 16–202LinkCopy Citation
(a)
(1)
Two or more counties may agree to establish a region and to support a regional community college.
(2)
The Commission may authorize a regional community college for the region.
(b)
(1)
In this subsection, “county board of community college trustees” means:
(i)
The board of community college trustees, if any; or
(ii)
The county board of education in any county that does not have a board of community college trustees.
(2)
Except as otherwise provided in this subsection, the county boards of community college trustees for each county in a region constitute the board of regional community college trustees.
(3)
If the counties in a region have different numbers of members on their county board of community college trustees, each county board of community college trustees shall elect, to serve as regional community college trustees, the number of its members equal to the number of members on the smallest board of community college trustees in the region.
(4)
A board of regional community college trustees:
(i)
May not have more than 12 members; and
(ii)
Shall have an equal number of members from each county in the region.
(5)
If requested to do so by a county government, the Governor shall appoint the regional community college trustees from that county.
(6)
The county superintendent of each county in the region is, ex officio, a member of the board of regional community college trustees, and shall attend meetings but may not vote.
(7)
Each board of regional community college trustees shall:
(i)
Elect one of its members as its chair;
(ii)
Designate the president of the regional community college as its secretary–treasurer; and
(iii)
Determine the time and place of its meetings and may adopt rules for the conduct of its meetings.
(c)
Any board of regional community college trustees established under subsection (b) of this section may request the Governor to appoint a new board.
(d)
(1)
After a request is made, the Governor, with the advice and consent of the Senate, shall appoint seven individuals to the new board.
(2)
The initial members shall be appointed as provided in § 16-101 of this title.
Md. Code Ann., Educ. § 16-203 (2026)
Title 16. Community Colleges
Subtitle 2. Regional Community Colleges
§ 16–203LinkCopy Citation
(a)
The Commission shall determine and certify the amount that each county that supports a regional community college shall pay as its share of the “county share” required by § 16–305 of this title. The amount shall be determined by applying to the total county share the ratio that the number of full–time equivalent students from the county who attend the regional community college bears to the total number of full–time students who attend the regional community college from all counties that support the regional community college.
(b)
Each county that supports a regional community college shall bear as its share of any borrowing for the regional community college the amount that results from applying to the total amount of the borrowing the ratio that the county’s population, as determined by the Maryland Department of Health, bears to the total population of all the counties that support the regional community college.
Subtitle 3. Fiscal Matters
Md. Code Ann., Educ. § 16-301 (2026)
Title 16. Community Colleges
Subtitle 3. Fiscal Matters
§ 16–301LinkCopy Citation
(a)
Each year, the board of trustees and the president of each community college shall prepare and submit to the county governing body or, in the case of a regional community college, the county governing body of each county that supports the regional community college:
(1)
An operating budget;
(2)
A capital budget; and
(3)
If required by local law, charter, or regulation, a long-term capital improvement program.
(b)
The operating budget shall show:
(1)
All revenues estimated for the next fiscal year classified by funds and sources of income, including:
(i)
Any funds from federal, State, and local sources; and
(ii)
Any surpluses;
(2)
All expenditures requested, including the major functions listed under § 16-304(b); and
(3)
Any other information or supporting data required by the county governing body.
(c)
The capital budget and any long-term capital improvement program shall contain a statement of all capital revenues and expenditures.
(d)
The capital and operating budgets shall be prepared and considered in accordance with county fiscal procedures not inconsistent with State law.
(e)
The county governing body shall review and approve the budget of the community college and may reduce it.
(f)
(1)
The county governing bodies of the counties that support a regional community college jointly shall review the budget of the regional community college and may reduce it.
(2)
Approval of the budget by a majority of the counties that support a regional community college constitutes approval of the budget and binds all the counties.
(g)
(1)
The budget of each community college, as approved by the county governing body under this section shall be submitted to the Commission for informational purposes.
(2)
Proposals for capital projects shall be submitted to the Department of Budget and Management through the Commission.
Md. Code Ann., Educ. § 16-302 (2026)
Title 16. Community Colleges
Subtitle 3. Fiscal Matters
§ 16–302LinkCopy Citation
(a)
Notwithstanding any other provisions of this subtitle, and subject to funds being appropriated, the Board of Community College Trustees for Allegany County, Anne Arundel County, Baltimore County, Carroll County, Cecil County, the College of Southern Maryland, Chesapeake College, Frederick County, Garrett County, Hagerstown Community College, Harford County, Howard County, Montgomery County, Prince George’s County, or Wor–Wic Community College may borrow money to acquire an interest in personal property, including fixtures, for the operation of the community college, on terms and conditions that the Board of Trustees considers proper.
(b)
A borrowing under this section may be secured by the personal property acquired or revenues derived from the property.
(c)
All multiyear financing agreements reflecting borrowing under this section shall be subject to cancellation by the Board of Trustees at the end of a fiscal year if sufficient funds are not appropriated to fund the agreement in subsequent years.
(d)
(1)
Borrowing under this section does not create or constitute a debt or obligation of the State or any political subdivision of the State other than a community college.
(2)
Borrowing under this section does not constitute a debt or obligation of the General Assembly or pledge the faith and credit of the State within the meaning of Article III, § 34 of the Maryland Constitution.
(e)
(1)
This subsection does not apply to the Board of Community College Trustees for Garrett County.
(2)
(i)
Borrowing under this section shall be for the use of financing intermediate term lease purchasing agreements.
(ii)
The term of any lease purchase agreement entered into under this section may not exceed the estimated life of the equipment subject to the financing agreement.
(f)
(1)
The Board of Community College Trustees for Garrett County may enter into a lease purchase agreement if the lease purchase agreement is consistent with the provisions of this section.
(2)
The term of any lease purchase agreement entered into by the Board of Community College Trustees for Garrett County may not exceed the estimated life of the equipment subject to the financing agreement.
Md. Code Ann., Educ. § 16-302.1 (2026)
Title 16. Community Colleges
Subtitle 3. Fiscal Matters
§ 16–302.1LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Authority” means the Maryland Health and Higher Educational Facilities Authority established under Title 10, Subtitle 3 of the Economic Development Article.
(3)
“Board” means:
(i)
A board of community college trustees established under § 16–101 of this title;
(ii)
A board of regional community college trustees established under § 16–202 of this title;
(iii)
The Board of Trustees of the Baltimore City Community College established under § 16–504 of this title; and
(iv)
The Board of Trustees of the College of Southern Maryland established under § 16–604 of this title.
(4)
“Cost” means the cost of:
(i)
Acquisition of a project or any interest in a project;
(ii)
Installation of a project, including any demolition, construction, reconstruction, or renovation directly related to a project;
(iii)
Financing charges associated with a project;
(iv)
Interest before and during acquisition of a project and, if deemed advisable by the board, for a period of up to 1 year after completion of acquisition of a project;
(v)
Interest and reserves for principal and interest and for maintenance and repair of a project;
(vi)
Architectural, engineering, financial, and legal services associated with a project;
(vii)
Plans, specifications, studies, surveys, and estimates of costs and revenues for a project;
(viii)
Administrative expenses necessary or incident to determining the feasibility or practicability of a project; and
(ix)
Other expenses that are necessary or incident to the acquisition of a project, the financing or refinancing of the acquisition of a project, and the placing of a project in operation.
(5)
“Governing body” means:
(i)
The county council of a county with a charter form of government established under Article XI–A of the Maryland Constitution; or
(ii)
The board of county commissioners of any other county.
(6)
“Note” means a note, bond, lease, purchase agreement, or other evidence of obligation.
(7)
(i)
“Project” means equipment, machinery, and other personal property, whether or not in the nature of fixtures, essential or convenient for the operation of a community college.
(ii)
“Project” includes licenses and other rights acquired by a board for the use of equipment, machinery, and other personal property described in subparagraph (i) of this paragraph.
(b)
A board may finance or refinance the costs of a project by entering into an agreement with the Authority that is evidenced by a note or notes issued by the board if, prior to the issuance of any note, the board and the governing body of each county that supports a community college governed by the board adopts a resolution that meets the requirements of subsection (c) of this section.
(c)
(1)
Prior to the issuance of any note under this section, a board and the governing body of each county that supports a community college governed by the board shall each adopt a resolution that authorizes the board to finance or refinance the costs of a project by entering into an agreement with the Authority.
(2)
The resolution shall:
(i)
Generally describe the project to be financed or refinanced;
(ii)
Specify the maximum aggregate principal amount of any note issued pursuant to the agreement; and
(iii)
Impose any terms or conditions on the issuance of a note that the board or governing body deems appropriate.
(3)
A resolution adopted under this subsection is administrative in nature and not subject to:
(i)
Procedures required for legislative acts; or
(ii)
Referendum.
(d)
(1)
A board may enter into any agreement necessary or appropriate in connection with the issuance of any note, including an agreement to provide:
(i)
Additional credit or liquidity support for a note or a bond issued by the Authority on its behalf; and
(ii)
A fixed interest rate or maximum interest rate for a variable rate note or a bond issued by the Authority on its behalf.
(2)
If the board enters into an agreement authorized under paragraph (1) of this subsection, the agreement may include provisions that:
(i)
Grant a security interest in a project for which a note is issued or pledge all or part of the fees, charges, and other revenues received from or in connection with a project to the payment of a note;
(ii)
Allow for the investment and reinvestment of the proceeds of a note until the proceeds are used for the purposes for which the note was issued;
(iii)
Govern the disposition of any excess proceeds and the investment earnings on any excess proceeds; and
(iv)
Require that the board operate and maintain all or a portion of the project regardless of whether the fees, charges, and other revenues received from or in connection with the project are sufficient to cover the cost of operating or maintaining all or a portion of the project.
(e)
(1)
The board shall specify or authorize the chair or other member of the board to specify:
(i)
The principal amount of a note;
(ii)
The rate or rates of interest payable on a note or the method of determining the rate or rates of interest payable on a note;
(iii)
Subject to paragraph (2) of this subsection, the date of maturity of a note, the payment provisions of a note, and the optional and mandatory prepayment provisions of a note, including any mandatory sinking fund installments for the note; and
(iv)
Other matters, details, forms, documents, and procedures relating to the authorization, issuance, execution, sale, delivery, and payment of a note and the security for a note.
(2)
The date of maturity for a note may not exceed the useful life of the project for which the note is issued.
(f)
(1)
A note shall be executed on behalf of the board by the manual or facsimile signature of the chair of the board or other member of the board authorized by resolution of the board.
(2)
If the individual whose signature or countersignature appears on a note ceases to be a member of the board before delivery of the note, the individual’s signature or countersignature shall be valid and sufficient for all purposes the same as if the individual had remained a member of the board until delivery.
(g)
The principal amount of a note, the interest payable on a note, the transfer of a note, and any income derived from the transfer of a note, including any profit made on the sale or transfer of a note, shall be exempt from taxation by the State and any county or municipality in the State.
(h)
A note issued under this section does not create or constitute a debt or obligation of the State or any county or municipality in the State and does not constitute a debt or obligation of the General Assembly or pledge the faith and credit of the State within the meaning of Article III, § 34 of the Maryland Constitution.
(i)
If requested by the Authority, the State Comptroller shall withhold from any installment due the board from the State’s General Fund appropriation money for deposit to the credit of a sinking fund maintained to pay a note in an amount up to the total amount payable on the note and any agreements entered into in accordance with this section in the current fiscal year and the next succeeding fiscal year.
(j)
This section provides additional, alternative, and supplemental authority in relation to powers conferred upon a board under any other existing law and may not be regarded as in derogation of or as a limitation to any existing power of a board.
Md. Code Ann., Educ. § 16-303 (2026)
Title 16. Community Colleges
Subtitle 3. Fiscal Matters
§ 16–303LinkCopy Citation
(a)
Notwithstanding any other provision of law, a lease purchase agreement entered into by the Board of Community College Trustees for Howard County, Montgomery County, or Prince George’s County prior to October 1, 1992 shall be deemed authorized under § 16-302 of this subtitle, if the lease purchase agreement satisfies the requirements of § 16-302 of this subtitle.
(b)
Notwithstanding any other provision of law, a lease purchase agreement entered into by the Board of Community College Trustees for Allegany County, Anne Arundel County, Baltimore County, Carroll County, Cecil County, or Frederick County or the Board of Trustees of Chesapeake College before June 1, 1997 shall be deemed authorized under § 16-302 of this subtitle, if the lease purchase agreement satisfies the requirements of § 16-302 of this subtitle.
Md. Code Ann., Educ. § 16-304 (2026)
Title 16. Community Colleges
Subtitle 3. Fiscal Matters
§ 16–304LinkCopy Citation
(a)
Each county governing body may appropriate money to pay the cost of establishing and operating a community college or regional community college.
(b)
(1)
The county governing body shall make appropriations by major functions established by the Commission.
(2)
The major functions established by the Commission shall conform generally to those contained in the then-current College and University Industry Audit Guide issued by the American Institute of Certified Public Accountants.
(c)
(1)
A community college may not spend more on any major function than the amount appropriated for it.
(2)
(i)
Transfers of appropriations between major functions shall be submitted in writing and approved by the county governing body before they are made, and if the county governing body fails to act on a request for a transfer within 30 days, the request automatically is approved as requested; and
(ii)
Except in Baltimore City, where the provisions of the city charter govern, transfers of appropriations within a major function may be made at the direction of the board of trustees and the county governing body shall be notified within 30 days of the transfer.
(d)
Each county governing body may borrow money to purchase land and construct capital improvements for a community college. Money may be borrowed on terms and conditions the county governing body considers proper, subject to any requirements of local law applicable to the creation of public debt.
(e)
(1)
Except in Baltimore City and Anne Arundel County, where the provisions of the appropriate charter govern, each county governing body may appropriate money to establish a reserve fund for future plant maintenance and repair at a community college.
(2)
If a reserve fund for future plant maintenance and repair is established, it shall be treated as an additional major function for the purposes of this section.
(3)
Expenditures from the reserve fund for maintenance and repair may not be made unless approved in the same manner as the budget of the community college is approved.
(4)
Funds appropriated under this subsection may not be considered “current expenses” for purposes of § 16-305(c)(2) of this subtitle.
Md. Code Ann., Educ. § 16-305 (2026)
Title 16. Community Colleges
Subtitle 3. Fiscal Matters
§ 16–305LinkCopy Citation
(a)
The formula used for the distribution of funds to the community colleges in the State shall be known as the Senator John A. Cade Funding Formula.
(b)
(1)
In this section the following words have the meanings indicated.
(2)
“Assessed valuation of real property” means assessed valuation of real property as determined for purposes of the State aid calculated under § 5–202 of this article.
(3)
“Board” means:
(i)
In a county that has one or more community colleges, the board of community college trustees for the county; or
(ii)
Where two or more counties establish a region to support a regional community college, the board of regional community college trustees.
(4)
“Community college” means a community college established under this title but does not include Baltimore City Community College.
(5)
“County share” means the total amount of money for operating funds to be provided each fiscal year to a board by the county that supports the community college or colleges or, in the case of a regional community college, the total amount of money for operating funds to be provided each fiscal year to the board by all counties that support the regional community college.
(6)
“Direct grants” means the sum of the following components of the State share:
(i)
Base costs; and
(ii)
Size factor.
(7)
“Full–time equivalent student” for each community college is the greater of:
(i)
The quotient of the number of student credit hours produced in the fiscal year 2 years prior to the fiscal year for which the State share is calculated divided by 30, as certified by the Maryland Higher Education Commission; or
(ii)
The 3–year moving average quotient of the number of student credit hours produced in the fiscal years 2 years prior, 3 years prior, and 4 years prior to the fiscal year for which the State share is calculated divided by 30, as certified by the Maryland Higher Education Commission.
(8)
“Population” means population as determined for purposes of calculating the State share of the library program using the definition in § 23–501 of this article.
(9)
“Region” means the counties supporting a regional community college established under Subtitle 2 of this title.
(10)
“Small community college” means:
(i)
Allegany College of Maryland;
(ii)
Garrett College;
(iii)
Hagerstown Community College;
(iv)
Carroll Community College;
(v)
Cecil Community College;
(vi)
Chesapeake College; or
(vii)
Wor–Wic Community College.
(11)
“State share” means the amount of money for community college operating funds to be provided each fiscal year to a board by the State.
(12)
“State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education” has the meaning stated in § 17–104(a)(1) of this article.
(13)
“Student credit hours” means student credit hours, including those earned by a P–TECH student as provided in § 7–1804(c) of this article, or contact hours, which are eligible, under the regulations issued by the Maryland Higher Education Commission, for inclusion in State funding calculations.
(14)
“Total State operating fund” means the sum of community college State appropriations for direct grants.
(c)
(1)
(i)
Except as provided in subparagraphs (iii), (iv), and (v) of this paragraph, the total State operating fund per full–time equivalent student to the community colleges for each fiscal year as requested by the Governor shall be:
(1)
In fiscal year 2009, not less than an amount equal to 26.25% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the previous fiscal year;
(2)
In fiscal year 2010, not less than an amount equal to 23.6% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
(3)
In fiscal year 2011, not less than an amount equal to 21.8% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
(4)
In fiscal year 2012, not less than an amount equal to 20% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
(5)
In fiscal year 2014, an amount that is the greater of 19.7% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $1,839.47 per full–time equivalent student;
(6)
In fiscal year 2015, an amount that is the greater of 19.7% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $1,839.47 per full–time equivalent student;
(7)
In fiscal year 2017, not less than an amount equal to 20.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
(8)
In fiscal year 2018, not less than an amount equal to 21.0% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
(9)
In fiscal year 2019, not less than an amount equal to 22.0% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
(10)
In fiscal year 2020, not less than an amount equal to 23% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
(11)
In fiscal year 2021, not less than an amount equal to 25% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
(12)
In fiscal year 2022, not less than an amount equal to 27% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
(13)
In fiscal year 2023 and fiscal year 2024, not less than an amount equal to 29% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year; and
(14)
In fiscal year 2025 and each fiscal year thereafter, not less than an amount equal to 27.2% of the State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article.
(ii)
For purposes of this subsection, the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State for a fiscal year shall include:
(1)
Noncapital appropriations from the Higher Education Investment Fund; and
(2)
Appropriations, regardless of where they are budgeted, designated for the general operation of 4–year public institutions of higher education in the State, including personnel–related appropriations.
(iii)
Notwithstanding the provisions of subparagraph (i) of this paragraph, the total State operating funds to be distributed under this subsection to the community colleges for each of fiscal years 2011 and 2012 shall be $194,407,432.
(iv)
In fiscal year 2013, the total State operating funds for community colleges shall be $199,176,114, to be distributed as follows:
(1)
Allegany College $4,773,622;
(2)
Anne Arundel Community College $27,235,329;
(3)
Community College of Baltimore County $34,398,366;
(4)
Carroll Community College $6,851,515;
(5)
Cecil Community College $4,645,751;
(6)
College of Southern Maryland $10,902,580;
(7)
Chesapeake College $5,675,815;
(8)
Frederick Community College $8,145,648;
(9)
Garrett College $2,246,709;
(10)
Hagerstown Community College $6,965,064;
(11)
Harford Community College $9,990,806;
(12)
Howard Community College $12,584,485;
(13)
Montgomery College $35,998,553;
(14)
Prince George’s Community College $22,013,074; and
(15)
Wor–Wic Community College $6,748,796.
(v)
In fiscal year 2016, the total State operating funds for community colleges shall be $222,744,620, to be distributed as follows:
(1)
Allegany College $4,850,443;
(2)
Anne Arundel Community College $28,715,483;
(3)
Community College of Baltimore County $38,637,668;
(4)
Carroll Community College $7,345,653;
(5)
Cecil Community College $5,108,064;
(6)
College of Southern Maryland $13,017,885;
(7)
Chesapeake College $6,142,473;
(8)
Frederick Community College $8,975,284;
(9)
Garrett College $2,561,002;
(10)
Hagerstown Community College $7,620,412;
(11)
Harford Community College $10,865,634;
(12)
Howard Community College $15,723,055;
(13)
Montgomery College $40,000,786;
(14)
Prince George’s Community College $26,072,537; and
(15)
Wor–Wic Community College $7,108,241.
(2)
The State share shall be distributed to each board and shall be limited by the provisions of subsection (d) of this section.
(3)
Subject to subsection (d) of this section, the total State share for each board shall be the sum of:
(i)
The base costs component; and
(ii)
The size factor component.
(4)
For each board, the base costs component shall be the total State operating fund per full–time equivalent student to the community colleges.
(5)
(i)
The size factor component shall be the year’s total State operating fund multiplied by 2%.
(ii)
Except as provided in subparagraph (iii) of this paragraph, the funds available for the size factor component shall be divided and distributed equally to each board that operates a community college or colleges at which the total number of full–time equivalent students is less than or equal to 80% of the statewide median.
(iii)
(1)
Beginning with the first fiscal year that a board no longer meets the eligibility requirements under subparagraph (ii) of this paragraph, the board shall continue to receive a percentage of the size factor component that the board received in the last fiscal year for which the board was eligible, as follows:
(A)
80% for the first fiscal year;
(B)
60% for the second fiscal year;
(C)
40% for the third fiscal year;
(D)
20% for the fourth fiscal year; and
(E)
0% for the fifth and each subsequent fiscal year.
(2)
The distributions required under subparagraph (ii) of this paragraph shall be made from the remaining funds available for the size factor component after any distributions required under this subparagraph.
(iv)
In determining the eligibility of a board for a size factor component, the number of full–time equivalent students at all campuses and colleges operated by the board shall be added together.
(6)
Any employer Social Security contributions required by federal law for any employee of a board of community college trustees shall remain the obligation of the employer.
(7)
The State contribution to retirement and fringe benefit costs is not included in the calculations of amounts under this subsection.
(d)
(1)
In each fiscal year, in order for a board to receive an increase in the State share of support, the county share, in the aggregate, that supports the community college or colleges shall equal or exceed the aggregate amount of operating fund appropriations made to the board by the county or all of the counties supporting the college in the previous fiscal year.
(2)
For fiscal years 2027 through 2029, the State share, as determined under subsection (c)(3) of this section, may not exceed an increase of 3% over the State share provided to each community college in the immediately preceding fiscal year.
(e)
(1)
(i)
Beginning in fiscal year 1996, a grant in the amount provided in paragraph (2) of this subsection shall be distributed to each board in order to provide instruction and services to students enrolled in an English for Speakers of Other Languages (“ESOL”) program.
(ii)
To qualify for a grant under this subsection, each participant in the program shall be a student:
(1)
Born outside of the United States or whose native language is not English;
(2)
Who comes from an environment where a language other than English is dominant; or
(3)
Who is an American Indian or Alaskan native and comes from an environment where a language other than English has had a significant impact on the student’s level of English language proficiency.
(2)
(i)
Subject to the provisions of subparagraph (ii) of this paragraph, the amount of the grant shall be $800 times the number of qualified full–time equivalent students who are enrolled in a county ESOL program and at the community college.
(ii)
(1)
The total amount of the grants under this paragraph may not exceed $8,000,000 for any fiscal year.
(2)
If, for any fiscal year, the total amount of the grants calculated under subparagraph (i) of this paragraph would exceed $8,000,000, then each grant shall be prorated by the amount necessary to reduce the total amount of the grants to $8,000,000.
(3)
(i)
If the amount that is appropriated to a board under this subsection for any fiscal year is more than the actual cost of providing ESOL programs to students enrolled at the community college in that county or region, the excess funds shall be paid back to the State and credited to the General Fund of the State.
(ii)
A board may not transfer State funds received under this subsection to any other program or category.
(4)
Subject to the provisions of paragraph (2) of this subsection, for any fiscal year in which the State appropriation is insufficient to fully fund all grants eligible under this section, the Governor shall include in the budget bill for the following fiscal year a deficiency appropriation to fund all unfunded grants.
(f)
(1)
Unrestricted grants in the amounts specified in this subsection shall be distributed to the board of each small community college.
(2)
Subject to paragraph (5) of this subsection, for fiscal years 2003 through 2018, unrestricted grants shall be distributed as follows:
(i)
$500,000 to Allegany College of Maryland;
(ii)
$500,000 to Garrett College;
(iii)
$500,000 to Hagerstown Community College;
(iv)
$250,000 to Carroll Community College;
(v)
$250,000 to Cecil Community College;
(vi)
$250,000 to Chesapeake College; and
(vii)
$250,000 to Wor–Wic Community College.
(3)
Beginning in fiscal year 2019 and for each fiscal year thereafter, subject to paragraph (5) of this subsection, unrestricted grants shall be distributed as follows:
(i)
$851,300 to Allegany College of Maryland;
(ii)
$851,300 to Garrett College;
(iii)
$851,300 to Hagerstown Community College;
(iv)
$851,300 to Carroll Community College;
(v)
$851,300 to Cecil Community College;
(vi)
$851,300 to Chesapeake College; and
(vii)
$851,300 to Wor–Wic Community College.
(4)
Beginning in fiscal year 2003 and in each fiscal year thereafter, in addition to the amounts specified in paragraph (2) or (3) of this subsection, the boards of Allegany College of Maryland and Garrett College shall receive the following unrestricted grants:
(i)
$360,000 to Allegany College of Maryland; and
(ii)
$240,000 to Garrett College.
(5)
The grant amounts specified in paragraph (2) or (3) of this subsection shall increase in fiscal year 2004 and each fiscal year thereafter by the same percentage as the percentage increase in funding per full–time equivalent student to the 4–year public institutions of higher education in the State, as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in that fiscal year.
Md. Code Ann., Educ. § 16-306 (2026)
Title 16. Community Colleges
Subtitle 3. Fiscal Matters
§ 16–306LinkCopy Citation
(a)
(1)
Subject to paragraph (2) of this subsection, a public junior or community college shall reimburse the State annually for the employer contributions made by the State for an employee who:
(i)
Is a member of the Teachers’ Retirement System or the Teachers’ Pension System under Division II of the State Personnel and Pensions Article; and
(ii)
Is receiving a salary funded by a source other than State or local aid.
(2)
To the extent that an employee’s salary is funded in part by sources other than State or local aid, the public junior or community college shall reimburse the State a pro rata share of the State’s payment based on the percentage of the employee’s salary funded by a source other than State or local aid.
(b)
(1)
To ensure that the public junior or community college is properly reimbursing the State as provided under subsection (a) of this section, the Commission or, at the Commission’s request, a public junior or community college may at any time examine the records of public junior or community colleges to determine whether the State’s payments for retirement contributions for employees of the public junior or community colleges are in accordance with the provisions of Division II of the State Personnel and Pensions Article.
(2)
An audit conducted under paragraph (1) of this subsection may be:
(i)
Included with an existing annual financial audit as a supplemental part and tested independently;
(ii)
Conducted in conjunction with a supplemental federally mandated single audit of federal financial assistance programs and tested independently; or
(iii)
Conducted as a separate independent audit.
(c)
(1)
(i)
If an examination of the records of a public junior or community college shows that the State has paid more than is required under Division II of the State Personnel and Pensions Article, within 30 days after the date of the notice to the junior or community college of the State overpayment, the junior or community college may appeal the notice of State overpayment to the Secretary of Budget and Management who shall appoint a hearing examiner.
(ii)
The hearing examiner shall make recommendations to the Secretary of Budget and Management who shall make a final determination regarding the amount, if any, of the State overpayment.
(2)
If a public junior or community college does not appeal to the Secretary of Budget and Management or if the Secretary of Budget and Management determines that the State is due reimbursement for excess payments, as provided in paragraph (1) of this subsection, at the request of the Commission the money owed shall be deducted from any other State funds that would otherwise be paid to the public junior or community college.
(3)
For purposes of the Administrative Procedure Act, an appeal taken under this section is not a contested case.
(d)
(1)
Any reimbursements under subsection (a) of this section:
(i)
Shall be applied first to the cost of any audit or portion of any audit relating to subsection (a) of this section to reimburse either the Commission or the public junior or community college for the expenses of the audits; and
(ii)
After reimbursement to the Commission or the public junior or community college under item (i) of this paragraph, shall be credited to the General Fund.
(2)
If an audit under this section is performed by a public junior or community college, before the public junior or community college is reimbursed under paragraph (1)(i) of this subsection, the public junior or community college shall provide documentation to the Commission that the incremental costs of the audit incurred by the public junior or community college are reasonable.
Md. Code Ann., Educ. § 16-307 (2026)
Title 16. Community Colleges
Subtitle 3. Fiscal Matters
§ 16–307LinkCopy Citation
The Commission shall submit a budget request to the Governor on or before October 10 of each year calculated by using the formulas in § 16-305 of this subtitle.
Md. Code Ann., Educ. § 16-308 (2026)
Title 16. Community Colleges
Subtitle 3. Fiscal Matters
§ 16–308LinkCopy Citation
(a)
Each year, the Commission shall certify to the State Comptroller:
(1)
On or before July 31 and November 30 one-fourth of the amount it calculates to be the State share under § 16-305 of this subtitle for each board of trustees;
(2)
On or before March 31 one-half of the amount it calculates to be the State share under § 16-305 of this subtitle for each board of trustees; and
(3)
After the annual audit of each community college, any discrepancy between the payments made and the actual State share under § 16-305 of this subtitle for the preceding fiscal year, which shall be compensated for in the November payment.
(b)
Within 5 days after the State Comptroller receives a certification from the Commission, the State Comptroller shall draw a warrant on the State Treasurer for the amount due each board of trustees. The State Treasurer immediately shall pay the amount due to the board of trustees of the community college.
Md. Code Ann., Educ. § 16-309 (2026)
Title 16. Community Colleges
Subtitle 3. Fiscal Matters
§ 16–309LinkCopy Citation
(a)
The Commission shall certify to the treasurer of each county:
(1)
On or before September 30 and March 31 of each year, one half of the amount it estimates to be the county’s share under § 16-305 of this subtitle; and
(2)
After the annual audit of each community college, any discrepancy between the payments made and the actual amount of the county’s share under § 16-305 of this subtitle for the preceding fiscal year, which shall be compensated for during the fiscal year.
(b)
(1)
Except as provided in paragraph (2) of this subsection, within 5 days after it receives a certification from the Commission, the county shall pay the amount due to the board of trustees of the community college.
(2)
The board of trustees of a community college and the governing body of a county may agree in writing to a payment schedule for the county’s share under § 16-305 of this subtitle. If, prior to the 5th day after receiving notification from the Commission, there is a payment schedule agreed to in accordance with this paragraph, the county shall make payments in accordance with that schedule. If a county fails to make a payment in accordance with the schedule, all amounts certified by the Commission but not yet paid by a county shall become due and payable immediately.
Md. Code Ann., Educ. § 16-310 (2026)
Title 16. Community Colleges
Subtitle 3. Fiscal Matters
§ 16–310LinkCopy Citation
(a)
(1)
Subject to paragraphs (2), (3), (4), (5), (6), and (7) of this subsection and subsection (f) of this section, any student who attends a community college in this State and is not a resident of this State shall pay, in addition to the student tuition and fees payable by a county resident, an out–of–state fee, at least equal to:
(i)
60% of the county share per full–time equivalent student as determined under § 16–305 of this subtitle; and
(ii)
The marginal cost component of the State share per full–time equivalent student as determined under § 16–305(c)(5) of this subtitle.
(2)
(i)
Each board of trustees of a community college with a service area that borders another state may set an out–of–state fee in accordance with subparagraph (ii) of this paragraph for any student who resides in an out–of–state county that borders the community college’s service area.
(ii)
The fee described in subparagraph (i) of this paragraph:
(1)
Shall be more than the out–of–county fee as determined in subsection (b)(1) of this section; and
(2)
May be less than the out–of–state fee as determined in paragraph (1) of this subsection.
(iii)
Any student attending a community college in this State who pays a fee as provided in this paragraph may not be included as an in–State resident for computation of State aid to community colleges in accordance with § 16–305 of this subtitle.
(3)
(i)
A resident of the state of West Virginia who attends Garrett College under a negotiated reciprocity agreement between the states of Maryland and West Virginia is an in–county resident for tuition purposes.
(ii)
For each full–time equivalent student participating in the reciprocity agreement, the State shall pay to Garrett College an amount equal to the net State support per full–time equivalent student as provided in § 16–305 of this subtitle. For any fiscal year, if State appropriations for reimbursement of any reciprocity agreements under this paragraph do not provide sufficient funds to fully reimburse the college, the Governor shall include in the budget bill for the next fiscal year a deficiency appropriation to provide the additional funds to fully reimburse the college.
(iii)
The Commission may make payments to effectuate the provisions of this paragraph from funds specifically appropriated for this purpose as provided in the State budget or any supplemental budget request.
(iv)
The payments authorized by this paragraph are in addition to the State operating fund to community colleges authorized in § 16–305(c) of this subtitle.
(4)
(i)
Any student attending a community college in this State who is not a resident of this State and is enrolled in an education program leading to licensure in nursing shall be included as an in–county resident for tuition purposes and shall be included as an in–State resident for computation of the State aid to community colleges in accordance with § 16–305 of this subtitle.
(ii)
The student shall furnish a surety bond or promissory note to the State with security satisfactory to the Maryland Higher Education Commission, that on completion of the nursing education program, the student will work for at least 2 years in a hospital or related institution as defined in § 19–301 of the Health – General Article in this State.
(iii)
The Secretary of Health may determine if there is a shortage of nurses.
(iv)
Subject to subparagraphs (v) and (vi) of this paragraph, if the Secretary determines that there is no shortage of nurses, the Nonresident Student Tuition Reduction and State Aid Program established under this paragraph may not be applied to any courses required for the nursing program.
(v)
Subparagraph (iv) of this paragraph applies only to students who enroll in a nursing education program subsequent to the determination made under subparagraph (iv) of this paragraph.
(vi)
Subparagraph (v) of this paragraph may not affect any student who is participating in the Nonresident Tuition Reduction and State Aid Program prior to the determination under subparagraph (iii) of this paragraph.
(5)
(i)
Each board of community college trustees may waive the out–of–state fee as determined in paragraph (1) of this subsection for a student who is employed by a business located in the county that supports the community college.
(ii)
Any student attending a community college in this State who receives a tuition waiver as provided by this paragraph shall not be included as an in–State resident for computation of State aid to community colleges in accordance with § 16–305 of this subtitle.
(6)
(i)
Each board of community college trustees shall waive the out–of–state fee as determined in paragraph (1) of this subsection for a student who resides in this State but does not meet the in–State residency requirement for tuition purposes and is a public school teacher employed by a county board if:
(1)
(A)
The course or program is required by the State or the county board to maintain the teacher’s present position with the county board; or
(B)
The course or program maintains or improves skills required by the county board in the teacher’s current position;
(2)
The teacher resides in this State and is employed as a full–time public school teacher; and
(3)
The teacher has been employed as a public school teacher in the State for less than a year.
(ii)
A public school teacher is responsible for the difference between in–State and out–of–state tuition if:
(1)
The teacher resigns or is terminated from employment with the county board; and
(2)
The teacher remains enrolled in the course or program at a community college during the teacher’s first year as a Maryland resident.
(iii)
Any public school teacher attending a community college in this State who satisfies the requirements established in this paragraph shall be included as an in–State resident for computation of the State aid to community colleges in accordance with § 16–305 of this subtitle.
(7)
(i)
In this paragraph, “BRAC” means the Base Realignment and Closure process as announced by the United States Department of Defense.
(ii)
Each board of community college trustees may waive the out–of–state fee as determined in paragraph (1) of this subsection for a student who resides in the State but does not meet the in–State residency requirement for tuition purposes and has moved to the State as an employee or a family member of an employee as part of BRAC.
(iii)
Any BRAC employee or family member of a BRAC employee attending a community college in the State who satisfies the requirements established in this paragraph shall be included as an in–State resident for computation of the State aid to community colleges in accordance with § 16–305 of this subtitle.
(b)
(1)
Subject to the provisions of paragraphs (2), (3), and (4) of this subsection and subsection (g) of this section, any student who attends a community college not supported by the county in which the student resides shall pay, in addition to the student tuition and fees payable by a resident of a county that supports the community college, an out–of–county or out–of–region fee at least equal to 60% of the county share per full–time equivalent student as determined under § 16–305 of this subtitle.
(2)
(i)
Any student who resides in an incorporated municipality whose corporate limits extend into 2 counties in the State is considered an in–county resident for tuition purposes at a community college campus located within that municipality that is supported by either county.
(ii)
If a student is considered an in–county resident under this paragraph and the student does not reside in the county that supports the community college, the county in which the student resides shall pay the difference between the out–of–county tuition and the in–county tuition.
(3)
Each board of community college trustees may waive the out–of–county or out–of–region fee, as determined in paragraph (1) of this subsection, for a student who is employed by a business located in the county that supports the community college.
(4)
(i)
In this paragraph, “BRAC” means the Base Realignment and Closure process as announced by the United States Department of Defense.
(ii)
Each board of community college trustees may waive the out–of–county fee or out–of–region fee as determined in paragraph (1) of this subsection for a student who resides in the county but does not meet the in–county residency requirement for tuition purposes and has moved to the State as an employee or a family member of an employee as part of BRAC.
(5)
(i)
In this paragraph, “victim of human trafficking” means an individual who has been recruited, harbored, transported, provided, or obtained for labor, services, or a sexual act through the use of force, fraud, or coercion.
(ii)
Each board of community college trustees may waive the out–of–county fee or out–of–region fee as determined in paragraph (1) of this subsection for a student who attends the community college and:
(1)
Is not a resident of the county; and
(2)
Is a victim of human trafficking.
(iii)
Information collected under this paragraph as part of a student’s registration shall remain confidential.
(iv)
(1)
A community college that admits an individual who qualifies for a waiver of the out–of–county fee or out–of–region fee under this paragraph shall:
(A)
Keep a record of the number of individuals for whom a waiver was granted in accordance with subparagraph (ii) of this paragraph; and
(B)
Report the information required in item A of this subsubparagraph to the Commission each year.
(2)
The Commission shall submit to the General Assembly, in accordance with § 2–1257 of the State Government Article, an annual report consisting of the information submitted to the Commission under subsubparagraph 1 of this subparagraph.
(v)
(1)
The Commission shall adopt regulations to implement the provisions of this paragraph.
(2)
The regulations shall include a requirement that an application for a waiver of the out–of–county fee or out–of–region fee as provided in this paragraph shall contain evidence that the applicant is a victim of human trafficking, including:
(A)
Certified law enforcement, court, or other federal or State agency records or files;
(B)
Documentation from a human trafficking prevention or assistance program; or
(C)
Documentation from a religious, medical, or other professional from whom the applicant has sought assistance or treatment as a victim of human trafficking.
(c)
Any county may appropriate money to pay the out–of–county or out–of–region fees for county residents who attend a community college in this State that is not supported by that county.
(d)
(1)
(i)
(1)
Notwithstanding subsection (b) of this section, subject to subsubparagraph 2 of this subparagraph, if any student is a resident of this State and enrolls in an instructional program that the Commission designates as a health manpower shortage program or a statewide or regional program:
(A)
The student shall pay only the student tuition and fees payable by a resident of a county that supports the community college; and
(B)
Subject to subparagraph (ii) of this paragraph, the Commission shall pay any applicable out–of–county fee to the community college.
(2)
For a student who attends a community college not supported by the county in which the student resides, at the discretion of the board of community college trustees:
(A)
The community college may charge the student any applicable out–of–county fee;
(B)
Subject to subparagraph (ii) of this paragraph, the Commission shall pay the amount of any applicable out–of–county fee to the community college; and
(C)
The community college shall reimburse the student the amount received from the Commission under item B of this subsubparagraph.
(ii)
For any fiscal year beginning on or after July 1, 2011, if State appropriations to the Commission for payment of any applicable out–of–county fee under this paragraph do not provide sufficient funds to fully reimburse applicable out–of–county fees, the Commission shall prorate the reimbursement for the out–of–county fees.
(2)
The Commission may make payments to effectuate the provisions of this section from funds specifically appropriated for this purpose as provided in the State budget or any supplemental budget request.
(e)
(1)
Notwithstanding subsection (b) of this section, if any student resides in a county where the per capita wealth is below the State average and the county does not support a community college or a branch campus of a community college, except for Baltimore City, the student may enroll at a community college or a branch campus in the State, either of which is located in a county adjacent to the one in which the student resides, and pay only the tuition and fees applicable to a county resident that supports the community college.
(2)
For any student determined to be eligible under paragraph (1) of this subsection, the Commission shall pay:
(i)
In fiscal year 1992, 75% of any applicable out–of–county fee provided that the county in which the student resides pays 25 percent of that fee; and
(ii)
In fiscal year 1993, and each fiscal year thereafter, 50% of any applicable out–of–county fee provided that the county in which the student resides pays 50 percent of that fee.
(3)
The Commission may make payments to effectuate the provisions of this subsection from funds specifically appropriated for this purpose in the State budget or any supplemental budget request.
(f)
The provisions of this section shall be subject to any reciprocal interstate agreement entered into by the Maryland Higher Education Commission under § 11–105(m)(2) of this article.
(g)
(1)
Notwithstanding subsection (b) of this section, any student who resides in Howard County or in Prince George’s County and attends the Laurel College Center, a partnership equally supported by the Howard and Prince George’s community colleges, is deemed to be an in–county student and may not be subject to out–of–county fees established in subsection (b) of this section, by Howard Community College or Prince George’s Community College for courses taken at the Laurel College Center.
(2)
Paragraph (1) of this subsection applies to any student who attends the Laurel College Center on or after August 1, 2001.
Md. Code Ann., Educ. § 16-311 (2026)
Title 16. Community Colleges
Subtitle 3. Fiscal Matters
§ 16–311LinkCopy Citation
(a)
(1)
Except as provided in paragraph (2) of this subsection, this section applies to every contract for any building, improvement, equipment, or supplies.
(2)
This section does not apply to:
(i)
The purchase of books or other materials for instruction;
(ii)
Emergency repairs;
(iii)
Any contract or purchase made by a county for a community college under procedures authorized by the county charter or an act of the General Assembly; or
(iv)
Any contract or purchase that qualifies as a “small procurement” as defined in the State Procurement Regulations.
(b)
At the discretion of the procurement officer, the following procurement methods are authorized where applicable:
(1)
Competitive sealed bids under subsection (c) of this section;
(2)
Competitive sealed proposals under § 16–313 of this subtitle;
(3)
Sole source procurement under § 16–314 of this subtitle; or
(4)
Noncompetitive negotiation under § 16–314.1 of this subtitle.
(c)
(1)
The board of trustees may provide for procurement by competitive sealed bids in accordance with this subsection.
(2)
(i)
Whenever procurement is based on competitive sealed bids, the board of trustees, or its designee, shall seek bids by issuing an invitation for bids.
(ii)
The board of trustees, at least 2 weeks before bids are to be filed, shall advertise for bids in at least one newspaper published in the county or in eMaryland Marketplace, in accordance with Title 17, Subtitle 5 of the State Finance and Procurement Article.
(iii)
The board of trustees may name in the specifications and advertisements for bids the particular make, kind, or brand of article to be contracted for or purchased.
(3)
The board of trustees of each community college may provide for the prequalification of persons as prospective responsible bidders for procurements other than leases of real property.
(4)
If a board of trustees uses a prequalification procedure for awarding a procurement contract:
(i)
A person who is not prequalified may submit a bid or proposal; and
(ii)
After bid opening or receipt of proposals and before awarding the procurement contract, a procurement officer may determine that:
(1)
A person who was not prequalified at the time of bid opening or receipt of proposals is a responsible bidder; or
(2)
A prequalified person is not a responsible bidder.
(5)
Except as provided in paragraph (7) of this subsection, the contract shall be awarded to the lowest responsible bidder, who conforms to the specifications, with consideration given to:
(i)
The quantities involved;
(ii)
The time required for delivery;
(iii)
The purpose for which required;
(iv)
The competence and responsibility of the bidder; and
(v)
The ability of the bidder to perform the contract satisfactorily.
(6)
The board of trustees may reject any and all bids and readvertise for other bids.
(7)
(i)
In this paragraph, the term “minority business enterprise” has the meaning stated in § 14–301 of the State Finance and Procurement Article.
(ii)
In Montgomery County, by resolution and by implementing rules and regulations, the Board of Trustees of Montgomery Community College shall establish a mandatory minority business utilization program to facilitate the participation of responsible certified minority business enterprises in contracts awarded by the Board of Trustees of Montgomery Community College in accordance with competitive bidding requirements.
(d)
A contract entered into or purchase made in violation of this section is void.
Md. Code Ann., Educ. § 16-312 (2026)
Title 16. Community Colleges
Subtitle 3. Fiscal Matters
§ 16–312LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Bonus points” means established bonus or percentage points used during the bid evaluation process to adjust the bid price submitted by minority business enterprises for the purpose of ascertaining the lowest bidder.
(3)
“Mandatory set-asides” means a procedure designating a certain percentage of total contract dollars for award to minority business enterprises.
(4)
“Mandatory subcontracting” means a procedure mandating that a certain percentage of the dollar amount of designated contracts be subcontracted to minority business enterprises.
(5)
“Minority business enterprise” means any business enterprise:
(i)
(1)
That is at least 51 percent owned by 1 or more minority individuals; or
(2)
In the case of any publicly owned corporation, at least 51 percent of the stock of which is owned by 1 or more minority individuals; and
(ii)
Whose management and daily business operations are controlled by 1 or more minority individuals.
(6)
“Percentage points” means established percentage points given for minority business enterprise participation in a sealed proposal process.
(7)
“Restrictive bidding” means competitive bidding of designated contracts that are restricted to minority business enterprises.
(8)
“Restrictive price quotations” means negotiated small procurements that are restricted to minority business enterprises.
(b)
The Board of Trustees of the Prince George’s Community College shall undertake and complete an internal and market fact-finding process by January 1, 1990, to assess the appropriate scope of a minority business enterprise program for the Board. The results of the fact-finding process, including statistical data, supporting documentation, and reports, shall be reported to the Prince George’s County Delegation of the General Assembly by January 31, 1990.
(c)
If the fact-finding required by subsection (b) of this section demonstrates a compelling governmental interest to adopt a remedial minority business enterprise program, the Board of Trustees, by resolution and by implementing rules and regulations, shall establish a minority business enterprise program to facilitate the participation of certified minority business enterprises in contracts awarded by the Board. The program shall include specific goals and the definition of “minority individual”.
(d)
In establishing a minority business enterprise program, the Board of Trustees is authorized to use incentives to achieve the designated goals of the program, including but not limited to:
(1)
Mandatory set-aside procedures;
(2)
Mandatory subcontracting procedures with reasonable waiver provisions;
(3)
The application of bonus points;
(4)
The application of percentage points;
(5)
Restrictive bidding;
(6)
Restrictive price quotations;
(7)
The reduction or waiver of bonding requirements; and
(8)
Incentives to encourage maximum participation by:
(i)
Small businesses;
(ii)
A variety of different businesses; and
(iii)
Businesses located within Prince George’s County.
(e)
(1)
The Board of Trustees may appoint a minority business enterprise officer to administer any minority business enterprise program established, who shall submit reports to the Board of Trustees.
(2)
It is the responsibility of the minority business enterprise officer to conduct outreach programs to assist the minority business enterprise community in participating in any minority business enterprise program established under this section.
(f)
The Board of Trustees shall advise the Prince George’s County Delegation of the General Assembly regarding the substance of any minority business enterprise program that it establishes.
(g)
(1)
The program shall be evaluated every 2 years.
(2)
The results of any evaluation under this subsection shall be submitted to the Prince George’s County Delegation of the General Assembly.
Md. Code Ann., Educ. § 16-313 (2026)
Title 16. Community Colleges
Subtitle 3. Fiscal Matters
§ 16–313LinkCopy Citation
(a)
(1)
The board of trustees may provide for procurement by competitive sealed proposals in accordance with the provisions of this section.
(2)
The board of trustees may adopt regulations to implement the provisions of this section.
(b)
Competitive sealed proposals is the preferred procurement method for educational or consultant services.
(c)
(1)
Whenever procurement is based on competitive sealed proposals, the board of trustees or its designee shall seek proposals by issuing a request for proposals.
(2)
A request for proposals shall include a statement of:
(i)
The scope of the procurement contract;
(ii)
The results to be achieved or services to be provided;
(iii)
The factors, including price, that will be used in evaluating proposals; and
(iv)
The relative importance of each factor.
(d)
The board of trustees or its designee shall publish a request for proposals in the same manner as required for an invitation for bids.
(e)
(1)
After receipt of proposals but before the board of trustees awards the procurement contract, the board or its designee may conduct discussions with an offeror to:
(i)
Obtain the best price for the college; and
(ii)
Ensure full understanding of:
(1)
The requirements of the college as set forth in the request for proposals; and
(2)
The proposal submitted by the offeror.
(2)
If discussions are conducted, the board of trustees or its designee:
(i)
Shall conduct the discussions in accordance with regulations adopted by the board;
(ii)
Shall provide an opportunity to participate to each responsible offeror who submits a proposal that, in the judgment of the board or its designee, is reasonably susceptible of being selected for award;
(iii)
Shall treat all of the responsible offerors fairly and equally;
(iv)
May allow all of the responsible offerors to revise their initial proposals by submitting best and final offers, if discussions indicate that it would be in the best interests of the college to do so;
(v)
May conduct more than one series of discussions and requests for best and final offers; and
(vi)
May not disclose to an offeror any information derived from a proposal of or discussions with a competing offeror.
(f)
(1)
Except as provided in paragraph (2) of this subsection:
(i)
A proposal is irrevocable for the period specified in the request for proposals; and
(ii)
A best and final offer is irrevocable for the period specified in the request for best and final offers.
(2)
The board of trustees or its designee may allow an offeror to correct or withdraw a proposal or best and final offer if correction or withdrawal is allowed under regulations adopted by the board.
(g)
After obtaining any approval required by law, the board of trustees shall award the procurement contract to the responsible offeror who submits the proposal or best and final offer determined to be the most advantageous to the college considering the evaluation factors set forth in the request for proposals.
(h)
The board of trustees may reject any and all proposals and readvertise for other offers.
Md. Code Ann., Educ. § 16-314 (2026)
Title 16. Community Colleges
Subtitle 3. Fiscal Matters
§ 16–314LinkCopy Citation
(a)
The board of trustees may provide for sole source procurement contracts in accordance with the provisions of this section.
(b)
(1)
Whenever the procurement officer determines that there is only one available source for the subject of a procurement contract, the procurement officer may award the procurement contract without competition to that source.
(2)
Before awarding a procurement contract to a sole source, the procurement officer shall obtain:
(i)
The approval of the board of trustees; and
(ii)
Any other approval required by law.
Md. Code Ann., Educ. § 16-314.1 (2026)
Title 16. Community Colleges
Subtitle 3. Fiscal Matters
§ 16–314.1LinkCopy Citation
(a)
This section applies to contracts in amounts not exceeding $100,000.
(b)
The Board of Trustees of the Community College of Baltimore County may award a procurement contract on the basis of noncompetitive negotiation:
(1)
For unsolicited offers that:
(i)
Are in writing;
(ii)
Are sufficiently detailed to allow a judgment regarding the potential utility of the offer;
(iii)
Are unique or innovative;
(iv)
Demonstrate the proprietary character of the offering warranting consideration of the use of competitive negotiation;
(v)
May be subject to testing under terms and conditions specified by the Director of Purchasing; and
(vi)
Cannot be procured through competitive methodologies;
(2)
For the procurement of goods or services related to instruction or curriculum development;
(3)
For the procurement of services related to private fund–raising activities; or
(4)
Under other circumstances when the Director of Purchasing determines that noncompetitive negotiation is in the best interests of the College and the State.
(c)
(1)
The Board of Trustees of the Community College of Baltimore County shall establish standards and procedures for the application of subsection (b) of this section to a particular transaction.
(2)
The standards and procedures shall require:
(i)
The office, division, or department requesting noncompetitive negotiation to submit a written justification to the Director of Purchasing;
(ii)
A written determination by the Director of Purchasing that noncompetitive negotiation is in the best interest of the College and the State; and
(iii)
The written approval of the award of the contract on the basis of noncompetitive negotiation by the Board of Trustees.
Md. Code Ann., Educ. § 16-315 (2026)
Title 16. Community Colleges
Subtitle 3. Fiscal Matters
§ 16–315LinkCopy Citation
(a)
The Commission shall adopt guidelines for financial record keeping and the preparation of annual audit reports by the community colleges. The community colleges shall comply with the guidelines of the Commission.
(b)
Each community college in the State shall have an annual audit of its books of accounts, accounting procedures and principles, and other fiscal and operational methods and procedures in accordance with guidelines as prescribed by the Commission. A copy of the audit report, together with the related management letter, shall be submitted to the Commission for review and assessment and to the Legislative Auditor within 90 days of the close of each fiscal year. The Commission shall ascertain that the community colleges are audited in accordance with this section.
(c)
The Commission shall evaluate audit reports and related management letters for purposes of determining material weaknesses and assessing which recommendations should be considered for implementation. If a community college establishes to the satisfaction of the Commission that a recommendation in an audit report or related management letter has been satisfactorily addressed and should not be implemented, then the Commission shall notify the Legislative Auditor of the reasons for not implementing the recommendation. If the Commission finds that satisfactory progress has not been made toward correcting recurring material weaknesses or implementing any other audit recommendations which the Commission deems appropriate, then with due notice to the community college, the Commission shall direct the State Comptroller to withhold aid payments or any portion of aid payments due a college under this article.
(d)
The Legislative Auditor may upon the Legislative Auditor’s own initiative perform the required annual audits. However, notification of such intent must be given to each affected community college before the start of the fiscal year to be audited.
(e)
The Legislative Auditor may be directed to undertake special audits of any community college by the Joint Audit and Evaluation Committee at State expense.
(f)
An audit performed by an official auditor of any county or Baltimore City approved by the Commission shall satisfy the annual audit requirement if it otherwise meets the requirements of this section.
(g)
The cost of the annual audit required by this section is the responsibility of the community college.
(h)
Each year the Legislative Auditor shall submit a report to the Commission and, subject to § 2–1257 of the State Government Article, the Joint Audit and Evaluation Committee and the Executive Director of the Department of Legislative Services, on the results of the annual and special community college audits.
(i)
Nothing contained in this section may be construed to prohibit a periodic or special audit by an official auditor of any county providing funds for a community college.
Md. Code Ann., Educ. § 16-316 (2026)
Title 16. Community Colleges
Subtitle 3. Fiscal Matters
§ 16–316LinkCopy Citation
Remuneration of an employee on account of sickness or accident of the employee shall be paid and treated as sick pay and not as continuation of salary.
Md. Code Ann., Educ. § 16-318 (2026)
Title 16. Community Colleges
Subtitle 3. Fiscal Matters
§ 16–318LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Computer-based instructional technology” has the meaning stated in § 12-101 of this article.
(3)
“Technology” has the meaning stated in § 12-101 of this article.
(b)
By January 1, 2007, the board of community college trustees for each community college 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 § 3-412 of the State Finance and Procurement Article.
Md. Code Ann., Educ. § 16-319 (2026)
Title 16. Community Colleges
Subtitle 3. Fiscal Matters
§ 16–319LinkCopy Citation
(a)
The Commission shall establish and administer a grant program for supplemental services and supports for students with disabilities in community colleges.
(b)
The Commission, in cooperation with the Department of Disabilities, shall:
(1)
Establish a competitive review process for the awarding of grants to community colleges; and
(2)
Adopt any other guidelines or regulations necessary for the administration of this section.
Md. Code Ann., Educ. § 16-320 (2026)
Title 16. Community Colleges
Subtitle 3. Fiscal Matters
§ 16–320LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Community college” includes Baltimore City Community College.
(3)
“Eligible project” means a facility renewal project, including improvements, repairs, and deferred maintenance, that has a total estimated cost of not more than $1,000,000 and has been submitted to the Commission as part of an annual master plan or a 10–year master plan.
(4)
“Program” means the Community College Facilities Renewal Grant Program.
(b)
(1)
There is a Community College Facilities Renewal Grant Program that shall provide State funds to community colleges for improvements, repairs, and deferred maintenance projects in accordance with this section.
(2)
The Commission shall administer the Program.
(c)
(1)
(i)
In fiscal years 2019 through 2021, the Governor shall annually appropriate in the operating budget of the Commission an amount equal to 5% of the appropriation to the Community College Construction Grant Program in the same fiscal year.
(ii)
In fiscal year 2022 and each fiscal year thereafter, the Governor shall annually appropriate in the operating or capital budget of the Commission an amount equal to 5% of the appropriation to the Community College Construction Grant Program in the same fiscal year.
(2)
The appropriation required under paragraph (1) of this subsection shall be in addition to and may not supplant the amount appropriated to the Community College Construction Grant Program in the State budget.
(d)
(1)
On or before September 1 of the fiscal year preceding the fiscal year of the grant award, a community college shall provide to the Commission information about the eligible project for which the community college is requesting a grant.
(2)
(i)
The Commission may make up to eight grants in each fiscal year.
(ii)
(1)
Subject to subsubparagraph 2 of this subparagraph, a community college may not receive a grant in 2 consecutive fiscal years.
(2)
If a community college does not request funds in a fiscal year, the community college may not receive a grant until the second following fiscal year.
(iii)
(1)
Subject to subsubparagraph 2 of this subparagraph, a community college may not receive more than $500,000 in a fiscal year under the Program.
(2)
If the appropriation provided under subsection (c) of this section is less than $4,000,000 in a fiscal year, the appropriation shall be awarded equally to each community college that is eligible for a grant in that fiscal year.
(3)
Subject to the limitation established in subsubparagraph 1 of this subparagraph, a community college may receive funding for more than one eligible project in a fiscal year.
(iv)
The Commission shall consult with each community college to determine which community colleges will receive a grant for eligible projects under the Program in each fiscal year.
(e)
The Commission, in collaboration with the community colleges, shall adopt any regulations necessary to carry out the provisions of this section.
Subtitle 4. County Provisions
Md. Code Ann., Educ. § 16-401 (2026)
Title 16. Community Colleges
Subtitle 4. County Provisions
§ 16–401LinkCopy Citation
(a)
(1)
The Board of Community College Trustees for Anne Arundel County consists of 10 members appointed by the Governor, with the advice and consent of the Senate.
(2)
Each member shall be a resident of Anne Arundel County.
(3)
Except as provided in subsection (b)(2) of this section:
(i)
The term of a member is 4 years; and
(ii)
A member may not serve for more than three consecutive full terms.
(b)
(1)
One of the members shall be a regularly enrolled student in good standing at Anne Arundel Community College.
(2)
The student member shall:
(i)
Be nominated in the manner determined by the student body of Anne Arundel Community College;
(ii)
Have the qualifications required to be student body president of Anne Arundel Community College; and
(iii)
Serve for a term of 1 year, beginning July 1 and ending on June 30.
(c)
To the extent practicable, when appointing the members of the Board, the Governor shall take into consideration the geographic and ethnic representation of Anne Arundel County so that all segments of the population of the county are represented on the Board.
Md. Code Ann., Educ. § 16-402 (2026)
Title 16. Community Colleges
Subtitle 4. County Provisions
§ 16–402LinkCopy Citation
(a)
The Board of Community College Trustees for Baltimore County consists of 11 members appointed by the Governor, with the advice and consent of the Senate.
(b)
Of the members:
(1)
2 serve at large; and
(2)
9 serve from the 9 councilmanic districts in Baltimore County, 1 from each district.
(c)
(1)
The term of a member is 5 years and begins on July 1.
(2)
A member may not serve for more than 2 consecutive terms.
(d)
(1)
The Governor shall appoint a chairperson from among the members of the Board as of July 1, 1997.
(2)
The chairperson appointed by the Governor shall serve until June 30, 2000.
(3)
For the year beginning July 1, 2000, and each year thereafter, the Board shall elect a chairperson from among the members of the Board.
Md. Code Ann., Educ. § 16-406 (2026)
Title 16. Community Colleges
Subtitle 4. County Provisions
§ 16–406LinkCopy Citation
(a)
(1)
The Board of Trustees of Chesapeake College consists of two members from each county that supports Chesapeake College who shall be appointed by the Governor, with the advice and consent of the House of Delegates.
(2)
The county superintendents of schools in the region are not ex officio members.
(b)
(1)
(i)
The term of a member is 5 years and begins on July 1.
(ii)
A member continues to serve until a successor is appointed and qualifies.
(2)
(i)
Subject to subparagraph (ii) of this paragraph, a member appointed to begin a full term on or after July 1, 2006, may not serve for more than three 5-year full terms.
(ii)
A term of a member that began before July 1, 2006, does not count toward the term limit established in subparagraph (i) of this paragraph.
(c)
Each member of the Board:
(1)
Serves without compensation; and
(2)
Is entitled to reimbursement for expenses in accordance with applicable travel regulations.
Md. Code Ann., Educ. § 16-407 (2026)
Title 16. Community Colleges
Subtitle 4. County Provisions
§ 16–407LinkCopy Citation
(a)
The Board of Community College Trustees for Frederick County consists of seven members. Of the members:
(1)
Each shall be a resident of Frederick County; and
(2)
Each shall be appointed by the Governor, with the advice and consent of the Senate, for a term of 5 years.
(b)
(1)
A member of the Board of Community College Trustees may not serve more than three consecutive 5–year terms.
(2)
A member of the Frederick County Board of Education may not serve on the Board of Community College Trustees.
(c)
Each member of the Board is entitled to $500 a year for expenses.
(d)
Each meeting of the Board shall include an opportunity for public comment.
(e)
(1)
The Board shall make a video or audio recording of each meeting of the Board.
(2)
The Board shall make a recording required under paragraph (1) of this subsection available to the public on the Board’s website without charge and, to the extent practicable, within 2 business days after the recording is made.
(f)
(1)
The Board shall maintain in perpetuity a video or audio recording required under subsection (e) of this section and any minutes of the Board.
(2)
The Board may transcribe a video recording required under subsection (e) of this section if:
(i)
The video recording has been maintained for at least 5 years; and
(ii)
The transcribed video recording is maintained in perpetuity.
(g)
As part of ongoing training for Board members and at least every 2 years, the Board members shall undergo training specific to board governance, structure, responsibilities, and roles.
Md. Code Ann., Educ. § 16-407.1 (2026)
Title 16. Community Colleges
Subtitle 4. County Provisions
§ 16–407.1LinkCopy Citation
(a)
There is a Hagerstown Community College Police Force.
(b)
(1)
A Hagerstown Community College police officer has the powers granted to a peace and police officer.
(2)
(i)
Except as provided in subparagraph (ii) of this paragraph, a Hagerstown Community College police officer may exercise these powers only on property that is owned, leased, operated by, or under the control of Hagerstown Community College.
(ii)
The police officer may exercise these powers on any other property if:
(1)
Engaged in fresh pursuit of a suspected offender;
(2)
Necessary to facilitate the orderly flow of traffic to and from property owned, leased, operated by, or under the control of Hagerstown Community College;
(3)
Ordered to do so by the Governor; or
(4)
In Washington County when:
(A)
Responding to an imminent threat to life, property, or public safety; or
(B)
Complying with a memorandum of understanding between the Hagerstown Community College Police Force and another law enforcement agency with jurisdiction.
(c)
(1)
In consultation with the Secretary of State Police and the Maryland Police Training and Standards Commission, the Hagerstown Community College Board of Trustees shall adopt standards, qualifications, and prerequisites of character, training, education, human and public relations, and experience for Hagerstown Community College police officers, including standards for the performance of their duties.
(2)
To the extent practicable, the Board shall adopt standards that are similar to the standards adopted for the Department of State Police.
(d)
The Hagerstown Community College Board of Trustees shall adopt regulations governing the operation and conduct of the Hagerstown Community College Police Force and of Hagerstown Community College police officers.
(e)
Nothing in this section may be construed to:
(1)
Supersede the authority or jurisdiction of:
(i)
The Washington County Sheriff’s Office; or
(ii)
Any other law enforcement agency, as defined in § 1–101(c) of the Public Safety Article; or
(2)
Limit the authority or jurisdiction of the Hagerstown Community College Police Force authorized under § 5–802 of the Criminal Law Article.
Md. Code Ann., Educ. § 16-407.2 (2026)
Title 16. Community Colleges
Subtitle 4. County Provisions
§ 16–407.2LinkCopy Citation
(a)
There is an Anne Arundel Community College Police Force.
(b)
(1)
An Anne Arundel Community College police officer has the powers granted to a peace and police officer.
(2)
(i)
An Anne Arundel Community College police officer may exercise these powers only on property that is owned, leased, or operated by or under the control of Anne Arundel Community College.
(ii)
The police officer may not exercise these powers on any other property unless:
(1)
Engaged in fresh pursuit of a suspected offender;
(2)
Necessary to facilitate the orderly flow of traffic to and from property owned, leased, or operated by or under the control of Anne Arundel Community College; or
(3)
Ordered to do so by the Governor.
(c)
(1)
In consultation with the Secretary of State Police and the Maryland Police Training and Standards Commission, the Anne Arundel Community College Board of Trustees shall adopt standards, qualifications, and prerequisites of character, training, education, human and public relations, and experience for Anne Arundel Community College police officers, including standards for the performance of their duties.
(2)
To the extent practicable, the Board shall adopt standards that are similar to the standards adopted for the Department of State Police.
(d)
The Anne Arundel Community College Board of Trustees shall adopt regulations governing the operation and conduct of the Anne Arundel Community College Police Force and of Anne Arundel Community College police officers.
Md. Code Ann., Educ. § 16-408 (2026)
Title 16. Community Colleges
Subtitle 4. County Provisions
§ 16–408LinkCopy Citation
(a)
(1)
The Harford Community College Board of Trustees consists of nine members appointed from the county at large.
(2)
Subject to paragraph (3) of this subsection, each of the members shall be:
(i)
A resident of Harford County for the duration of the member’s term; and
(ii)
Appointed by the Governor for terms of 5 years.
(3)
No member may be a member of the Harford County Board of Education while serving as a member of the Board.
(b)
A member of the Board may not serve for more than two consecutive 5–year terms.
(c)
To the extent practicable, when appointing members to the Board, the Governor shall take into consideration the geographic and ethnic representation of Harford County so that all segments of the population of the county are represented on the Board.
Md. Code Ann., Educ. § 16-408.1 (2026)
Title 16. Community Colleges
Subtitle 4. County Provisions
§ 16–408.1LinkCopy Citation
At least twice annually, the President of Harford Community College and the Superintendent of Harford County Public Schools shall meet to discuss issues of mutual concern.
Md. Code Ann., Educ. § 16-409 (2026)
Title 16. Community Colleges
Subtitle 4. County Provisions
§ 16–409LinkCopy Citation
(a)
The Boards of Directors of the Harford Educational Foundation and of the Harford Community College Foundation, Inc. have the authority to effect a merger of the two corporations under the provisions of Title 3 of the Corporations and Associations Article.
(b)
The articles of merger shall:
(1)
Be in writing;
(2)
Be filed with the State Department of Assessments and Taxation;
(3)
Be recorded with the corporate records of the Circuit Court in Harford County; and
(4)
Otherwise conform to the requirements of the State Department of Assessments and Taxation, as provided in the Corporations and Associations Article.
(c)
After the merger, the Harford Community College Foundation, Inc. shall be the sole surviving corporation.
(d)
The articles of merger shall provide that:
(1)
The Board of Directors of the Harford Educational Foundation transfer the corporate assets to the Harford Community College Foundation, Inc.;
(2)
The Harford Community College Foundation, Inc. administer the assets of the Harford Educational Foundation as a revolving loan fund;
(3)
The Harford Community College pay all the costs to administer the revolving loan fund;
(4)
In the event of a default by a student on a loan from the revolving loan fund, at the end of the fiscal year in which the default occurred, the Harford Community College Foundation, Inc. shall transfer to the revolving loan fund an amount equal to the amount of the defaulted loan; and
(5)
In addition to any other powers granted and duties imposed on it, the Harford Community College Foundation, Inc. shall:
(i)
Act as trustee for the funds transferred from the Harford Educational Foundation under the trust agreements made between the donors and the Harford Educational Foundation;
(ii)
Rename the Harford Educational Foundation the Harford Community College Student Loan Fund;
(iii)
Accept funds by grant, gift, devise, or bequest from individuals and corporations to the Harford Community College Student Loan Fund to ensure the ability to promote scholarship; and
(iv)
Administer funds accepted into the Harford Community College Student Loan Fund strictly in accordance with the purposes of the Fund.
(e)
(1)
The Harford Community College Foundation, Inc. shall report its activities for the preceding year annually to the County Executive and County Council of Harford County.
(2)
The finances of the Foundation are subject to annual audit, including the preparation of separate balance sheets for the Harford Community College Foundation, Inc. and the Harford Community College Student Loan Fund.
(f)
The Harford Community College Foundation, Inc. is exempt from the provisions of:
(1)
Bank licensing acts; and
(2)
Title 11, Subtitles 2 and 3 of the Financial Institutions Article.
Md. Code Ann., Educ. § 16-410 (2026)
Title 16. Community Colleges
Subtitle 4. County Provisions
§ 16–410LinkCopy Citation
(a)
The Board of Community College Trustees for Howard County consists of nine members appointed by the Governor with the advice and consent of the Senate.
(b)
(1)
Of the members, at least eight:
(i)
Shall be residents of Howard County at the time of appointment; and
(ii)
Shall maintain residency in Howard County throughout the term of appointment.
(2)
The following, whichever is greater, shall constitute a quorum:
(i)
Four members; or
(ii)
A majority of members actively serving.
(c)
Each meeting of the Board shall include an opportunity for public comment.
(d)
(1)
The Board shall make a video or audio recording of each meeting of the Board.
(2)
The Board shall make a recording required under paragraph (1) of this subsection available to the public on the Board’s website without charge and, to the extent practicable, within 2 business days after the recording is made.
(e)
As part of ongoing training for Board members and at least every 2 years, the Board members shall undergo training specific to board governance, structure, responsibilities, and roles.
(f)
(1)
Each year, the Board shall select an independent, nationally recognized survey instrument to carry out an anonymous survey on employee satisfaction at Howard Community College, and submit an unedited report on its survey findings directly to the Board.
(2)
The Board shall redact any human resources or personnel–related feedback before any public release of survey results.
Md. Code Ann., Educ. § 16-410.1 (2026)
Title 16. Community Colleges
Subtitle 4. County Provisions
§ 16–410.1LinkCopy Citation
On or before January 1, 2026, and each 6 months thereafter until a faculty union contract is finalized, the Board of Community College Trustees for Howard County shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the status of the faculty union contract.
Md. Code Ann., Educ. § 16-411 (2026)
Title 16. Community Colleges
Subtitle 4. County Provisions
§ 16–411LinkCopy Citation
(a)
The Board of Community College Trustees for Montgomery County consists of 10 members appointed by the Governor from nominees submitted by the Nominating Committee. Except for the student member, the members are appointed with the advice and consent of the Senate.
(b)
One of the members shall be an enrolled student in good standing at Montgomery Community College. The student member:
(1)
Shall be a resident of Montgomery County;
(2)
May not be employed by Montgomery Community College;
(3)
Serves for a term of 1 year, beginning July 1 and ending on June 30;
(4)
Shall have a cumulative quality point average and a current semester quality point average of at least 2.0;
(5)
Shall have successfully completed at least 18 credit hours at Montgomery Community College; and
(6)
At the time of appointment and during the term of office, shall be enrolled in at least 6 credit hours at Montgomery Community College.
(c)
(1)
The Nominating Committee consists of five members. Of the members:
(i)
Two shall be appointed by the County Council;
(ii)
Two shall be appointed by the County Executive; and
(iii)
One shall be appointed by the Montgomery Community College Alumni Association.
(2)
Each member of the Nominating Committee:
(i)
Shall be a resident of and a registered voter in Montgomery County;
(ii)
Shall have a knowledge of and an interest in postsecondary education;
(iii)
Shall have demonstrated an active interest in civic affairs;
(iv)
May not be an officer of this State, Montgomery County, or any municipal corporation in Montgomery County or any of their agencies; and
(v)
May not be an officer of, employed by, or subject to the authority of Montgomery Community College.
(3)
(i)
Each member of the Nominating Committee serves for a term of 2 years from September 15 of the year of the member’s appointment and until a successor is appointed and qualifies. These terms are staggered as required by the terms of the members serving on the Board as of July 1, 1978.
(ii)
A member appointed to fill a vacancy in an unexpired term is appointed by the body that appointed the member’s predecessor and serves only for the remainder of that term and until a successor is appointed and qualifies.
(4)
(i)
Each year, the Nominating Committee shall elect one of its members as its chair.
(ii)
The Committee may elect any other officer it requires.
(iii)
The Committee may determine the place of its meetings and adopt rules for the conduct of its meetings.
(d)
(1)
The Nominating Committee shall:
(i)
Notify the public of each vacancy on the Board of Community College Trustees;
(ii)
Obtain recommendations from the faculty and students of the Community College and from other interested persons; and
(iii)
Accept applications.
(2)
The Committee shall submit to the Governor the names of at least two, but not more than four of the candidates selected by the Committee:
(i)
On or before December 15 of the year before the term of a nonstudent member expires;
(ii)
On or before April 15 of each year the term of a student member expires; and
(iii)
When any other vacancy occurs.
Md. Code Ann., Educ. § 16-413 (2026)
Title 16. Community Colleges
Subtitle 4. County Provisions
§ 16–413LinkCopy Citation
(a)
(1)
Before it acquires any real property for a community college, the Board of Community College Trustees for Montgomery County shall make a written request to the commission or agency responsible for county land use planning for that commission’s confidential recommendations of appropriate sites.
(2)
In its request, the Board of Trustees may request the commission to consider any sites the Board designates.
(3)
The commission shall recommend sites that:
(i)
Meet the college’s needs;
(ii)
Comply with State regulations; and
(iii)
Conform as far as practical with the land use plans of the county.
(b)
(1)
Within 45 days after it receives a request from the Board of Trustees, the commission shall send its written recommendations for sites to the Board of Trustees.
(2)
If the Board is unable to agree on a site from among the commission’s recommendations, the Board shall advise the County Council in writing of this fact and the Council may request that the commission reconsider the matter and resubmit recommendations for action by the Board.
(c)
(1)
The Board of Trustees shall select a preferred site and rank the other sites recommended by the commission in the order of their suitability and submit its ranking to the County Council. The Board may specify certain sites as unsuitable.
(2)
The County Council shall approve or disapprove the Board’s selection within 45 days. If the County Council disapproves the preferred site:
(i)
The County Council shall indicate in writing its reasons; and
(ii)
The Board shall select a different site from the ranking and resubmit it to the County Council.
(d)
If the County Council approves a site, the Board may proceed with acquisition as provided by law.
Md. Code Ann., Educ. § 16-414 (2026)
Title 16. Community Colleges
Subtitle 4. County Provisions
§ 16–414LinkCopy Citation
(a)
(1)
The Board of Community College Trustees for Prince George’s County consists of nine members.
(2)
Each member shall be a resident of Prince George’s County.
(3)
Except as provided in subsection (b)(2) of this section:
(i)
The term of a member is 5 years; and
(ii)
A member may not serve for more than 2 consecutive terms.
(b)
(1)
Eight of the members shall be appointed by the Governor, with the advice and consent of the Senate, one from each legislative district in Prince George’s County.
(2)
One of the members shall be a regularly enrolled student in good standing at Prince George’s Community College. The student member shall:
(i)
Be elected by the student body of the Community College in the same manner as other student government officers are elected;
(ii)
Have the qualifications required to be student body president of Prince George’s Community College; and
(iii)
Serve for a term of 1 year beginning July 1 and ending June 30 and if a vacancy occurs during this period, a special election shall be held to elect a successor for the remainder of that term.
(c)
The cost of any election shall be paid by the student government.
Md. Code Ann., Educ. § 16-415 (2026)
Title 16. Community Colleges
Subtitle 4. County Provisions
§ 16–415LinkCopy Citation
(a)
Except for rentals of property under impartial policies that establish fees for various classes of renters, the Board of Trustees of Prince George’s Community College may not lease any property to any private person unless it complies with this section.
(b)
The Board of Trustees shall advertise at least 2 weeks before the bids are due in one or more newspapers published in Prince George’s County.
(c)
The lease shall be awarded to the highest responsible bidder and conform to any qualifications set by the Board of Trustees.
Md. Code Ann., Educ. § 16-416 (2026)
Title 16. Community Colleges
Subtitle 4. County Provisions
§ 16–416LinkCopy Citation
(a)
There is a program of county scholarships for not more than 200 students at Prince George’s Community College.
(b)
The county scholarships shall be awarded by the Community College on the basis of:
(1)
Academic merit; and
(2)
Financial need.
(c)
Each scholarship shall pay for tuition for 1 year.
(d)
Each year, the Prince George’s County Executive shall include money for the county scholarships in the county budget.
Md. Code Ann., Educ. § 16-417 (2026)
Title 16. Community Colleges
Subtitle 4. County Provisions
§ 16–417LinkCopy Citation
(a)
The Board of Trustees of Prince George’s Community College shall establish an affirmative action program to facilitate the employment of minority employees, including faculty and administrative and clerical staff.
(b)
The Board of Trustees shall submit a report on the implementation of the affirmative action program established under subsection (a) of this section to the Chairmen of the Prince George’s County House of Delegates and Senate delegations by January 1 of each year.
Md. Code Ann., Educ. § 16-418 (2026)
Title 16. Community Colleges
Subtitle 4. County Provisions
§ 16–418LinkCopy Citation
Notwithstanding the provisions of § 16-301(f) of this title, before any capital budget request made by Wor-Wic Community College is effective all of the counties that support that College shall give their written assent to the capital budget.
Md. Code Ann., Educ. § 16-419 (2026)
Title 16. Community Colleges
Subtitle 4. County Provisions
§ 16–419LinkCopy Citation
(a)
The Board of Community College Trustees for Washington County consists of seven members appointed by the Governor with the advice and consent of the Senate.
(b)
Each of the members:
(1)
Shall be residents of Washington County at the time of appointment; and
(2)
Shall maintain residency in Washington County throughout the term of appointment.
Subtitle 5. Baltimore City Community College
Md. Code Ann., Educ. § 16-501 (2026)
Title 16. Community Colleges
Subtitle 5. Baltimore City Community College
§ 16–501LinkCopy Citation
(a)
The establishment of Baltimore City Community College is based on the findings and policies set forth in this section.
(b)
(1)
Public higher education should be accessible to all those who seek and qualify for admission.
(2)
There is a need for an effective comprehensive urban community college in Baltimore City offering educational programs that will stimulate the participation of individuals, be responsive to the needs of the community, and afford open access to individuals with a variety of educational backgrounds.
(3)
Businesses in the Baltimore metropolitan area are undergoing an economic transition and need and must be ready to make extensive use of and provide financial support for an effective, well-managed urban institution to train and educate their employees and prospective employees in skills and fields of study of importance to the region’s business community.
(4)
A partnership between the State and business community is essential to attain the requisite level of financial support to create and sustain a quality institution that is responsive to the technological and continuing education needs of businesses.
(c)
The purpose of the College is to provide quality, accessible, and affordable education to the citizens of Baltimore in the areas of basic skills, technical and career education, continuing education, and the arts and sciences.
Md. Code Ann., Educ. § 16-502 (2026)
Title 16. Community Colleges
Subtitle 5. Baltimore City Community College
§ 16–502LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Board of Trustees” means the Board of Trustees of Baltimore City Community College.
(c)
“College” means Baltimore City Community College, formerly known as the New Community College of Baltimore.
(d)
“Commission” means the Maryland Higher Education Commission.
(e)
“Full–time equivalent student” means the quotient of the number of student credit hours, including those earned by a P–TECH student as provided under § 7–1804(c) of this article, produced in the fiscal year 2 years prior to the fiscal year for which the State appropriation is calculated divided by 30, as certified by the Maryland Higher Education Commission.
(f)
“Officer” means the president and the vice presidents of the College and other officers as shall be appointed by the Board of Trustees.
(g)
“Secretary” means the Secretary of Higher Education.
(h)
“State appropriation” means the amount of money for Baltimore City Community College operating funds to be provided each fiscal year to the Board of Trustees by the State.
(i)
“Student credit hours” means student credit hours or contact hours which are eligible, under the regulations issued by the Maryland Higher Education Commission, for inclusion in State funding calculations.
Md. Code Ann., Educ. § 16-503 (2026)
Title 16. Community Colleges
Subtitle 5. Baltimore City Community College
§ 16–503LinkCopy Citation
(a)
There is a Baltimore City Community College, formerly known as the New Community College of Baltimore located in Baltimore City, Maryland, which shall, with other educational institutions, provide the services and programs described in § 10-210 of this article.
(b)
The College is an institution of higher education of the State of Maryland.
(c)
Notwithstanding any other provision of this subtitle, the College shall be classified as a “local educational agency (LEA)”, as defined in federal law, for purposes of federal subsidies, grants, contracts, and other programs of support for which a community college is eligible.
Md. Code Ann., Educ. § 16-504 (2026)
Title 16. Community Colleges
Subtitle 5. Baltimore City Community College
§ 16–504LinkCopy Citation
(a)
The government of the College is vested in the Board of Trustees of the College.
(b)
(1)
The Board of Trustees consists of nine voting members:
(i)
Six members appointed by the Governor with the advice and consent of the Senate, including the student member;
(ii)
One member jointly appointed by the President of the Senate and the Speaker of the House of Delegates, who shall serve as chair of the Board;
(iii)
The Chief Executive Officer of the Baltimore City Public Schools, or the Chief Executive Officer’s designee, who shall serve as an ex officio member; and
(iv)
The Executive Director of the Mayor’s Office of Employment Development, who shall serve as an ex officio member.
(2)
Of the members:
(i)
Each shall be a resident of the State;
(ii)
A majority shall be residents of Baltimore City; and
(iii)
One shall be a regularly enrolled student in good standing at the College.
(3)
The members of the Board shall, to the extent practicable, consist of at least:
(i)
One individual with a background in higher education;
(ii)
One individual with a background in procurement and finance;
(iii)
One individual with a background in workforce development; and
(iv)
One high level executive from a large employer located in Baltimore City.
(c)
(1)
The student member shall have a term of 1 year beginning July 1 and ending on June 30.
(2)
Except for the student member, the term is 6 years from July 1 of the year of appointment and until a successor is appointed and qualifies.
(3)
The terms of the members are staggered, as required by the terms provided for members of the Board on July 1, 2017.
(4)
A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term or until a successor is appointed and qualifies.
(5)
A member may be reappointed but may not serve more than 2 consecutive full terms.
(d)
Each member of the Board of Trustees:
(1)
Serves without compensation; and
(2)
Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.
(e)
Except as provided in subsection (b)(1)(ii) of this section, the Board of Trustees may elect any other officers it requires.
(f)
(1)
The Board of Trustees shall meet regularly at such times and places as it determines.
(2)
The Board of Trustees may adopt rules for the conduct of its meetings and the transaction of business.
(g)
A majority of the voting members shall constitute a quorum for the transaction of business.
Md. Code Ann., Educ. § 16-505 (2026)
Title 16. Community Colleges
Subtitle 5. Baltimore City Community College
§ 16–505LinkCopy Citation
(a)
In addition to the other powers granted and duties imposed by this title, and subject to the authority of the Commission, the Board of Trustees has the powers and duties set forth in this section.
(b)
(1)
The Board of Trustees shall exercise general control over the College and establish broad policy and long–range planning to effect the efficient operation of the College.
(2)
The Board of Trustees may not participate in the day–to–day operations of the College.
(c)
(1)
The Board of Trustees shall:
(i)
On or before December 1, 2018, review, revise, and update the strategic plan for the College;
(ii)
Review and strategically align core course offerings of the College, consistent with accreditation requirements, and focused on the needs of:
(1)
Students at the College; and
(2)
The workforce in Baltimore City;
(iii)
Make workforce development and job placement top educational priorities of the College;
(iv)
Improve student pathways to success, including remedial education, attainment of a degree or a postsecondary certificate, and transfer to 4–year institutions of higher education;
(v)
Enter into memoranda of understanding in order to establish student pathways to success with the Baltimore City Public School System, institutions of higher education, and employers;
(vi)
Align the budget of the College with realistic enrollment projections;
(vii)
Engage in a comprehensive review of all positions, faculty, and staff at the College;
(viii)
Establish strong relationships with key stakeholders, including:
(1)
The Mayor of Baltimore City;
(2)
The Mayor’s Office of Employment Development;
(3)
The Baltimore City Public School System;
(4)
Institutions of higher education located in Baltimore City;
(5)
State agencies, including the Maryland Department of Labor;
(6)
Private employers; and
(7)
Business and community organizations;
(ix)
Develop and market a brand for the College;
(x)
Address the information technology and infrastructure needs of the College, including whether oversight by the Department of Information Technology is advisable;
(xi)
Develop or sell all unused or underutilized real estate holdings, including the Inner Harbor site;
(xii)
Identify any barriers in State or local laws or regulations that impede the ability of the College to operate efficiently and effectively, including procurement and capital construction projects;
(xiii)
Adopt reasonable rules, regulations, and bylaws to carry out the provisions of this subtitle and §§ 10–204 and 10–211 of this article; and
(xiv)
Keep separate records and minutes.
(2)
Except with respect to skilled service employee grievance appeals, Title 10, Subtitles 1 and 2 of the State Government Article (“Administrative Procedure Act”) does not apply to the Board of Trustees.
(d)
(1)
Subject to the provisions of paragraph (2) of this subsection and the provisions of § 16–511(d)(3) of this subtitle, the Board of Trustees may receive, purchase, lease, or otherwise acquire property it considers necessary or useful for the operation of the College.
(2)
Subject to appropriations and the prior approval of the Board of Public Works, the Board of Trustees may receive, purchase, lease, or otherwise acquire real property.
(e)
(1)
The Board of Trustees may sell, lease, encumber, or otherwise dispose of assets or property of the College, other than any real property, improvement to real property, or license.
(2)
Subject to the prior approval of the Board of Public Works, the Board of Trustees may sell, lease, encumber, or otherwise dispose of any real property, improvement to real property, or license of the College.
(3)
(i)
All proceeds and income from any sale, lease, disposition, encumbrance, or development of any property, right, or interest of the College shall be used for the benefit of the College and may not revert to the general funds of the State or be applied to the Annuity Bond Fund of the State.
(ii)
(1)
The proceeds and income from the sale of any real property, improvement to real property, or license of the College shall be deposited in a special fund.
(2)
The principal of the special fund may be used for capital expenditures, subject to the approval of the Board of Public Works on a pay–as–you–go basis, and may not be used to pay the operating expenses of the College.
(3)
The Board of Trustees shall develop the commercial potential of the Inner Harbor site or determine that the Inner Harbor site should be sold to maximize revenue to the College without jeopardizing the educational mission of the College.
(f)
The Board of Trustees may apply for, accept, and spend any gift or grant from any government, foundation, or person.
(g)
(1)
The Board of Trustees shall fix the tuition and fees to be paid by students and shall do so with a view to making college education available at low cost.
(2)
(i)
Except as otherwise provided in paragraph (4) of this subsection, the Board of Trustees shall assess each student who is not a resident of this State, in addition to the student tuition and fees paid by residents, an out–of–state fee at least equal to 60 percent of the amount of State support for the College per full–time equivalent student.
(ii)
The Board of Trustees may waive the out–of–state fee as determined in subparagraph (i) of this paragraph for a student who is employed by a business located in the City of Baltimore.
(iii)
Any student attending the College who receives a tuition waiver as provided by subparagraph (ii) of this paragraph shall not be included as an in–State resident for computation of State aid to the College in accordance with § 16–512 of this subtitle.
(iv)
The Board of Trustees may waive the out–of–state fee as determined in subparagraph (i) of this paragraph for a student who resides in the State but does not meet the in–State residency requirement for tuition purposes and has moved to the State as an employee or a family member of an employee as part of the Base Realignment and Closure process as announced by the United States Department of Defense.
(v)
Any student attending the College who receives a tuition waiver under subparagraph (iv) of this paragraph shall be included as an in–State resident for computation of State aid to the College in accordance with § 16–512 of this subtitle.
(3)
For purposes of this subsection, the number of full–time equivalent students is the quotient of the number of student credit hours produced in the fiscal year divided by 30.
(4)
A student who is not a resident of the State shall be considered a resident for purposes of assessing tuition and fees to the extent that such student would be eligible for in–county status under the provisions of § 16–310(a)(4) or (f) of this title.
(5)
The Board of Trustees shall set tuition and fees for students who are residents of counties in this State other than Baltimore City at the same rate as the tuition and fees charged to students who reside in Baltimore City.
(h)
(1)
In accordance with § 16–505.1 of this subtitle, the Board of Trustees shall appoint a President of the College who shall be the Chief Executive Officer of the College and the Chief of Staff for the Board of Trustees.
(2)
The Board of Trustees may create other offices in the College and provide for the appointment of qualified persons to those offices.
(3)
(i)
The Board of Trustees shall appoint an interim president to carry out the duties of the President within 90 days after the office of the President becomes vacant.
(ii)
The interim president may not be a member of the Board of Trustees.
(4)
(i)
Notwithstanding any other provision of law, the Board of Trustees may create any position to the extent that the cost of the position, including any fringe benefit costs, is funded from grant or special project funds.
(ii)
The Board of Trustees shall abolish a position created under this paragraph when the grant or special project funds are insufficient to fund the cost of the position, including any fringe benefit costs.
(iii)
This paragraph may not be construed to require any additional State General Fund support.
(iv)
By September 1 of each year, the Board of Trustees shall submit an annual position accountability report to the Department of Budget and Management, in accordance with § 2–1257 of the State Government Article, the Department of Legislative Services, and the Commission reporting the total positions created and the cost and the funding source for any positions created by the College in the previous fiscal year.
(v)
The total number of positions authorized under this paragraph shall be limited as specified annually in the State budget bill.
(i)
Subject to the authority of the Commission, the Board of Trustees may:
(1)
Establish entrance requirements for the College;
(2)
Approve courses and programs;
(3)
Adopt and change curricula;
(4)
Establish and change requirements for the awarding of credits and degrees and for graduation;
(5)
Work with the Commission to establish cooperative program agreements that qualify as statewide programs in accordance with § 16–310(d) of this title; and
(6)
Develop effective relationships and cooperative programs with the Baltimore City Public School System to assure that high school students are encouraged to enroll in the College.
(j)
The Board of Trustees may fix the salaries and terms of employment of the President, faculty, and officers of the College.
(k)
In addition to any performance evaluation required by regulation of the Department of Budget and Management, the Board of Trustees shall evaluate the performance of the faculty of the College in a form developed in cooperation with the Commission.
(l)
The Board of Trustees may enter into contracts or delegate that authority to the President.
(m)
On the recommendation of the President, the Board of Trustees 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.
Md. Code Ann., Educ. § 16-505.1 (2026)
Title 16. Community Colleges
Subtitle 5. Baltimore City Community College
§ 16–505.1LinkCopy Citation
At a minimum, the President of the College shall meet the following criteria:
(1)
A commitment to lifelong learning and achievement;
(2)
Academic leadership skills to determine future priorities, strategic initiatives, new programs or methods of program delivery, and evaluation of accountability for current programs;
(3)
The vision and skills to develop and implement a focus, vision, and strategies for the College that address the critical academic, career, and continuing education roles of the College;
(4)
The ability to articulate effectively the College’s focus, vision, and strategies for the future to a wide range of stakeholders and the public;
(5)
The ability to develop new and improved partnerships between the College and Baltimore City, the Baltimore City Public School System, institutions of higher education located in Baltimore City, business and workforce sectors, religious, civic, and professional communities, and the State;
(6)
The ability to enhance the College’s role in the continuing economic and workforce development of the region, including upgrading the skills of young people and adults to obtain employment that supports families and attracts new employers to the region; and
(7)
A dedication to serving all of the stakeholders of the College in Baltimore City and the State.
Md. Code Ann., Educ. § 16-505.2 (2026)
Title 16. Community Colleges
Subtitle 5. Baltimore City Community College
§ 16–505.2LinkCopy Citation
On or before December 1 each year, the Board of Trustees shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the Senate Education, Energy, and the Environment Committee and the House Appropriations Committee of the General Assembly regarding its progress in implementing the duties and responsibilities listed under § 16–505(c) of this subtitle.
Md. Code Ann., Educ. § 16-505.3 (2026)
Title 16. Community Colleges
Subtitle 5. Baltimore City Community College
§ 16–505.3LinkCopy Citation
(a)
(1)
Except as provided in § 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 Joint Committee on Administrative, Executive, and Legislative Review of the General Assembly, the Board of Trustees shall develop policies and procedures governing procurements by the College, including policies and procedures governing conflict of interest issues.
(ii)
The policies and procedures developed under subparagraph (i) of this paragraph shall promote the purposes of State procurement law as set forth in § 11–201 of the State Finance and Procurement Article.
(b)
(1)
The Board of Trustees shall develop an information technology plan for the College that includes information technology policies and standards, including policies and standards for information management and telecommunication systems.
(2)
The information technology plan developed under paragraph (1) of this subsection shall be functionally compatible with the statewide information technology master plan established under Title 3A, Subtitle 3 of the State Finance and Procurement Article and meet the requirements of § 16–505(c)(1)(x) of this subtitle.
Md. Code Ann., Educ. § 16-506 (2026)
Title 16. Community Colleges
Subtitle 5. Baltimore City Community College
§ 16–506LinkCopy Citation
(a)
The President of the College shall:
(1)
Report directly to the Board of Trustees and be the sole liaison between the Board of Trustees and the College’s faculty, administrators, and staff;
(2)
Be responsible and accountable to the Board of Trustees for the discipline and successful conduct of the College and supervision of each of its departments;
(3)
Take every initiative in:
(i)
Implementing the policies of the Board of Trustees and the College; and
(ii)
Promoting the development and efficiency of the College;
(4)
Hire and discharge faculty and employees as authorized by the Board of Trustees;
(5)
Attend all meetings of the Board of Trustees, except that the President may be excused by the Board of Trustees from discussions concerning the President or the position of President; and
(6)
Carry out other duties as authorized by the Board of Trustees.
(b)
The President may delegate any portion of the President’s authority to other officers of the College, subject to the right of the President or the Board of Trustees to rescind or modify the delegation in whole or in part at any time.
Md. Code Ann., Educ. § 16-507 (2026)
Title 16. Community Colleges
Subtitle 5. Baltimore City Community College
§ 16–507LinkCopy Citation
(a)
For each fiscal year, the President shall prepare and the Board of Trustees shall review, modify, as necessary, and approve an operating budget and a capital budget for the College.
(b)
The operating budget shall indicate:
(1)
All revenues estimated for the next fiscal year classified by funds and sources of income; and
(2)
All expenditures requested, including specification of expenditures for each major function established by the Commission under § 16-304 of this title.
(c)
The President and Board of Trustees shall submit the operating and capital budgets to the Commission in accordance with the provisions of § 11-105(i) of this article.
(d)
(1)
All income of the College shall be deposited:
(i)
In the State Treasury; or
(ii)
As the State Treasurer directs.
(2)
By an approved budget amendment, the College may spend or encumber within the fiscal year in which they are received, revenues received in excess of those estimated for any fiscal year.
(3)
The unexpended or unencumbered balances of the College’s revenues:
(i)
Shall be reported to the Comptroller and to the Secretary at the end of the fiscal year for which the appropriation was made;
(ii)
Do not revert to the State Treasury at the end of each fiscal year; and
(iii)
Shall be available for expenditure through an appropriation contained in the budget bill or through an approved budget amendment.
(4)
The interest or other income from the investment of any funds of the College shall be credited to the College, 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 that amount will be reported annually to the General Assembly.
(e)
The Legislative Auditor shall audit all expenditures and accounts of the College in accordance with §§ 2-1220 through 2-1227 of the State Government Article.
Md. Code Ann., Educ. § 16-508 (2026)
Title 16. Community Colleges
Subtitle 5. Baltimore City Community College
§ 16–508LinkCopy Citation
(a)
(1)
Beginning with fiscal year 1996, the Governor shall include in the annual budget submission a General Fund appropriation for Baltimore City Community College in the amount provided in subsection (b) of this section to provide instruction and services to students enrolled in an English for Speakers of Other Languages (“ESOL”) program.
(2)
To qualify for a grant under this section, each participant in the program shall be a student:
(i)
Born outside of the United States or whose native language is not English;
(ii)
Who comes from an environment where a language other than English is dominant; or
(iii)
Who is an American Indian or Alaskan native and comes from an environment where a language other than English has had a significant impact on the student’s level of English language proficiency.
(b)
(1)
Subject to the provisions of paragraph (2) of this subsection, the amount of the grant shall be $800 times the number of qualified full–time equivalent students who are enrolled in a Baltimore City Community College ESOL program, as certified by the Maryland Higher Education Commission.
(2)
The total amount of the grant under this subsection may not exceed $1,333,000 for any fiscal year.
(c)
Baltimore City Community College may not transfer State funds received under this subsection to any other program or category.
(d)
Subject to the provisions of subsection (b) of this section, for any fiscal year in which the State appropriation is insufficient to fully fund all grants eligible under this section, the Governor shall include in the budget bill for the following fiscal year a deficiency appropriation to fund all unfunded grants.
Md. Code Ann., Educ. § 16-509 (2026)
Title 16. Community Colleges
Subtitle 5. Baltimore City Community College
§ 16–509LinkCopy Citation
Except as otherwise provided in this subtitle, the provisions of Subtitle 3 and §§ 16-101, 16-102, 16-103, 16-104, and 16-107 of this title do not apply to the College.
Md. Code Ann., Educ. § 16-510 (2026)
Title 16. Community Colleges
Subtitle 5. Baltimore City Community College
§ 16–510LinkCopy Citation
(a)
(1)
All employees of the College are in an independent personnel system.
(2)
The personnel system established under this subsection shall include provisions for:
(i)
Consideration of hiring a contractual employee to fill a vacant position in the same or similar classification in which the contractual employee is employed; and
(ii)
Redress of any violation of Title 2, Subtitle 4 of the State Personnel and Pensions Article, including the award and payment of damages.
(b)
If an employee was employed by the State in the skilled service of the State Personnel Management System, beginning January 1, 1996, the employee’s years of service as an employee of Baltimore City shall be added to the employee’s years of service with the State for the purpose of determining:
(1)
The annual leave accrual rate provided in § 9-302 of the State Personnel and Pensions Article;
(2)
Seniority under Title 11, Subtitle 2 of the State Personnel and Pensions Article, relating to layoffs; and
(3)
Seniority under § 7-207(b) of the State Personnel and Pensions Article, relating to promotions.
Md. Code Ann., Educ. § 16-511 (2026)
Title 16. Community Colleges
Subtitle 5. Baltimore City Community College
§ 16–511LinkCopy Citation
(a)
The College possesses all of the property, assets, immunities, defenses, licenses, credits, and rights of the New Community College of Baltimore, including those transferred to the Board of Trustees of the New Community College of Baltimore by the City of Baltimore and the Board of Trustees of the Community College of Baltimore under Chapter 220 of the Acts of the General Assembly of 1990.
(b)
(1)
(i)
The Board of Trustees of the College may, in its discretion, assume such liabilities and obligations of the Community College of Baltimore as the Board considers necessary or useful.
(ii)
Except as otherwise provided in subsection (d) of this section, the Board of Trustees may assume such liabilities or obligations only if the nature and terms of the obligations or liabilities to be assumed are consistent with the laws and regulations of the State.
(2)
No liability, contract, or obligation of the Community College of Baltimore shall be a liability, contract, or obligation of the College unless such liability, contract, or obligation is expressly assumed by action of the Board of Trustees of the College.
(c)
Baltimore City shall indemnify and hold harmless the State, the Board of Trustees of the New Community College of Baltimore, the New Community College of Baltimore, the Board of Trustees of Baltimore City Community College, and Baltimore City Community College for any judgments, damages, liens, settlements, and other costs, including attorney’s fees, arising from the operations of the Community College of Baltimore, or the actions of the Board of Trustees of the Community College of Baltimore, or their employees, officers, or agents.
(d)
(1)
In this subsection, “procurement” and “procurement contract” have the meanings stated in § 11-101 of the State Finance and Procurement Article.
(2)
Before July 1, 1991, the Board of Trustees may, in its discretion, assume as assignee any procurement contract entered into by or on behalf of the Community College of Baltimore prior to July 1, 1990. The Board of Trustees may assume such procurement contracts without regard to whether the contracts conform to the requirements of Division II of the State Finance and Procurement Article (The “General Procurement Law”) and the regulations adopted under that law.
(3)
Except for contracts assumed under paragraph (2) of this subsection, procurement by the College shall be in accordance with Division II of the State Finance and Procurement Article and the regulations issued pursuant to that article.
Md. Code Ann., Educ. § 16-512 (2026)
Title 16. Community Colleges
Subtitle 5. Baltimore City Community College
§ 16–512LinkCopy Citation
(a)
In this section, “State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education” has the meaning stated in § 17–104(a)(1) of this article.
(b)
(1)
The total State operating fund per full–time equivalent student appropriated to Baltimore City Community College for each fiscal year other than fiscal year 2013, as requested by the Governor shall be:
(i)
In fiscal year 2009, not less than an amount equal to 67.25% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the previous fiscal year;
(ii)
In fiscal year 2010, not less than an amount equal to 65.1% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
(iii)
In fiscal year 2011, not less than an amount equal to 65.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
(iv)
In fiscal year 2012, not less than an amount equal to 63% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
(v)
In fiscal year 2014, an amount that is the greater of 61% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $5,695.63 per full–time equivalent student;
(vi)
In fiscal year 2015, an amount that is the greater of 61% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $5,695.63 per full–time equivalent student;
(vii)
In fiscal year 2016, an amount that is the greater of 58% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $5,695.63 per full–time equivalent student;
(viii)
In fiscal year 2017, an amount that is the greater of 58% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year or $5,695.63 per full–time equivalent student;
(ix)
In fiscal year 2018, not less than an amount equal to 60% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
(x)
In fiscal year 2019, not less than an amount equal to 61% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
(xi)
In fiscal year 2020, not less than an amount equal to 62.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
(xii)
In fiscal year 2021, not less than an amount equal to 64.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
(xiii)
In fiscal year 2022, not less than an amount equal to 66.5% of the State’s General Fund appropriation per full–time equivalent student to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year;
(xiv)
In fiscal years 2023 through 2026, not less than an amount equal to 68.5% of the State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article;
(xv)
In fiscal years 2027 through 2029, not less than an amount equal to 67.5% of the State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article; and
(xvi)
In fiscal year 2030 and each fiscal year thereafter, not less than an amount equal to 68.5% of the State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article.
(2)
For purposes of this subsection, the State Funds per full–time equivalent student appropriation to the 4–year public institutions of higher education in the State for a fiscal year shall include:
(i)
Noncapital appropriations from the Higher Education Investment Fund; and
(ii)
Appropriations, regardless of where they are budgeted, designated for the general operation of 4–year public institutions of higher education in the State, including personnel–related appropriations.
(3)
Notwithstanding the provisions of paragraph (1) of this subsection, the total State operating fund appropriated to Baltimore City Community College under this section for each of fiscal years 2011 and 2012 shall be $40,187,695.
(4)
In fiscal year 2013, the total State operating funds appropriated to Baltimore City Community College under this section shall be $39,863,729.
(c)
Notwithstanding subsection (b) of this section, the State appropriation to Baltimore City Community College requested by the Governor may not be less than the State appropriation to the College in the previous fiscal year.
(d)
The State shall distribute the State appropriation under this subsection to the Board of Trustees of Baltimore City Community College on a quarterly basis.
(e)
(1)
(i)
Through June 30, 1999, the City of Baltimore shall be responsible for providing at least $600,000 in each fiscal year to support education at the College.
(ii)
Of this amount, in each fiscal year, at least $300,000 shall be expended and administered by the College for tuition reimbursement or scholarships to attend classes at the College, and the remaining balance shall be expended in a manner consistent with the educational mission of the College.
(iii)
The source of the $600,000 is not limited to tax or fee revenues generated by the City of Baltimore.
(2)
(i)
Beginning on July 1, 1999, the City of Baltimore shall be responsible for providing at least $800,000 in each fiscal year to support education at the College.
(ii)
Of this amount, in each fiscal year, at least $500,000 shall be expended and administered by the College for tuition reimbursement or scholarships to attend classes at the College, and the remaining balance shall be expended in a manner consistent with the educational mission of the College.
(iii)
The source of the $800,000 is not limited to tax or fee revenues generated by the City of Baltimore.
(3)
(i)
Beginning on July 1, 2006, the City of Baltimore shall be responsible for providing at least $1,000,000 in each fiscal year to support education at the College.
(ii)
Of this amount, in each fiscal year, at least $400,000 shall be expended and administered by the College for tuition reimbursement or scholarships to attend classes at the College, and the remaining balance shall be expended in a manner consistent with the educational mission of the College.
(iii)
The source of the $1,000,000 is not limited to tax or fee revenues generated by the City of Baltimore.
(iv)
The Board of Trustees shall submit an annual report on or before December 31 to the Director of Finance for the City of Baltimore regarding the expenditures made under this paragraph.
Md. Code Ann., Educ. § 16-513 (2026)
Title 16. Community Colleges
Subtitle 5. Baltimore City Community College
§ 16–513LinkCopy Citation
(a)
There is a Baltimore City Community College police force.
(b)
(1)
A Baltimore City Community College police officer has the powers granted to a peace and police officer.
(2)
(i)
A Baltimore City Community College police officer may exercise these powers only on property that is owned, leased, operated by, or under the control of Baltimore City Community College.
(ii)
The police officer may not exercise these powers on any other property unless:
(1)
Engaged in fresh pursuit of a suspected offender;
(2)
Necessary to facilitate the orderly flow of traffic to and from property owned, leased, operated by, or under the control of Baltimore City Community College; or
(3)
Ordered to do so by the Governor.
(c)
(1)
In consultation with the Secretary of State Police and the Maryland Police Training and Standards Commission, the Board of Trustees shall adopt standards, qualifications, and prerequisites of character, training, education, human and public relations, and experience for Baltimore City Community College police officers, including standards for the performance of their duties.
(2)
To the extent practicable, the Board shall adopt standards that are similar to the standards adopted for the Department of State Police.
(d)
The Board of Trustees shall adopt regulations governing the operation and conduct of the Baltimore City Community College police force and of Baltimore City Community College police officers.
Subtitle 6. College of Southern Maryland
Md. Code Ann., Educ. § 16-601 (2026)
Title 16. Community Colleges
Subtitle 6. College of Southern Maryland
§ 16–601LinkCopy Citation
(a)
The establishment of the College of Southern Maryland as a regional college is based on the findings and policies set forth in this section.
(b)
(1)
Charles County Community College has provided higher education opportunities in Calvert County for more than 15 years and in St. Mary’s County for more than 20 years through a contractual arrangement with the county.
(2)
The continuing growth of Charles County Community College as a quality institution requires that a partnership be established to provide a new college identity reflective of the three southern Maryland counties, a governance structure of shared ownership, and the equitable distribution of fiscal support.
Md. Code Ann., Educ. § 16-602 (2026)
Title 16. Community Colleges
Subtitle 6. College of Southern Maryland
§ 16–602LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Board of Trustees” means the Board of Trustees of the College of Southern Maryland.
(c)
“College” means the College of Southern Maryland, formerly known as the Charles County Community College.
(d)
“Commission” means the Maryland Higher Education Commission.
(e)
“County commissioners” means the elected county commissioners from Calvert, Charles, and St. Mary’s counties.
(f)
“Officer” means the president, vice presidents, deans, or other officers of the College as shall be appointed by the Board of Trustees.
(g)
“Resident campus” means a primary campus located in Calvert County, Charles County, or St. Mary’s County.
(h)
“Southern Maryland” means the area that includes all of Calvert, Charles, and St. Mary’s counties.
Md. Code Ann., Educ. § 16-603 (2026)
Title 16. Community Colleges
Subtitle 6. College of Southern Maryland
§ 16–603LinkCopy Citation
(a)
(1)
There is a College of Southern Maryland, formerly known as the Charles County Community College, located in Calvert, Charles, and St. Mary’s counties, Maryland.
(2)
With other educational institutions, the College shall provide the services and programs described in § 10-210 of this article.
(b)
The College is an institution of higher education of the State of Maryland.
(c)
Notwithstanding any other provision of this subtitle, the College shall be classified as a “local educational agency (LEA)”, as defined in federal law, for purposes of federal subsidies, grants, contracts, and other programs of support for which a community college is eligible.
(d)
Calvert, Charles, and St. Mary’s counties may appropriate money to pay the cost of operating the College according to the provisions of this article.
(e)
(1)
Each southern Maryland county may borrow money to purchase land and construct capital improvements for the College.
(2)
Money may be borrowed on terms and conditions the county commissioners consider proper, subject to any requirements of local law applicable to the creation of public debt.
(f)
(1)
Unless otherwise agreed to by the county commissioners, the capital expenditures for each campus are the responsibility of the county in which the campus is located.
(2)
The distribution of shared costs will be that of a regional community college as designated in § 11-105(j)(6)(i) of this article.
Md. Code Ann., Educ. § 16-604 (2026)
Title 16. Community Colleges
Subtitle 6. College of Southern Maryland
§ 16–604LinkCopy Citation
(a)
The government of the College is vested in the Board of Trustees.
(b)
(1)
The Board of Trustees consists of nine members appointed by the Governor with the advice and consent of the Senate.
(2)
Of the members:
(i)
Each shall be a resident of the State;
(ii)
Each shall have completed at least 60 hours of accredited college work; and
(iii)
None may be an elected official of the State, a county, a municipal corporation, or a county board.
(3)
Each of the southern Maryland counties shall be represented by at least one member who is a resident of that county.
(4)
By July 1, 2010, each of the southern Maryland counties shall be represented by at least three members who are residents of that county.
(c)
(1)
The term of a member is 5 years.
(2)
A member appointed to fill a vacancy in an unexpired term serves for the remainder of that term.
(3)
A member may not serve more than two consecutive full terms.
(d)
Each member of the Board of Trustees is entitled to receive up to $600 a year for expenses.
Md. Code Ann., Educ. § 16-605 (2026)
Title 16. Community Colleges
Subtitle 6. College of Southern Maryland
§ 16–605LinkCopy Citation
(a)
Each year prior to June 30 the Board of Trustees:
(1)
Shall elect a chair and vice chair from among its members; and
(2)
May elect any other officers it requires.
(b)
(1)
The Board of Trustees shall determine the time and place of its meetings.
(2)
The Board of Trustees may adopt rules for the conduct of its meetings and the transaction of business.
(c)
A majority of the members then serving on the Board of Trustees is a quorum for the transaction of business.
Md. Code Ann., Educ. § 16-606 (2026)
Title 16. Community Colleges
Subtitle 6. College of Southern Maryland
§ 16–606LinkCopy Citation
(a)
In addition to the other powers granted and duties imposed by this title, and subject to the authority of the Commission, the Board of Trustees has the powers and duties set forth in this section.
(b)
The Board of Trustees shall exercise general control over the College, keep separate records and minutes, and adopt reasonable rules, regulations, and bylaws to carry out the provisions of this title.
(c)
The Board of Trustees may fix the salaries and tenure of the president, faculty, and other employees of the College.
(d)
The Board of Trustees may purchase, lease, condemn, or otherwise acquire any property it considers necessary for the operation of the College.
(e)
(1)
The Board of Trustees may sell, lease, or otherwise dispose of assets or property of the College.
(2)
The president of the College and the chair of the Board of Trustees may execute a conveyance or other legal document under an appropriate resolution of the Board of Trustees.
(f)
The Board of Trustees may apply for and accept any gift or grant from the federal government or any other person.
(g)
Subject to the minimum standards of the Commission, the Board of Trustees may determine entrance requirements and approve offerings that consist of:
(1)
Transfer programs offering the equivalent of the first 2 years of a bachelor’s degree program;
(2)
Career programs offering technical, vocational, and semiprofessional education; and
(3)
Continuing education and contract-training programs.
(h)
Except as provided in § 16-310 of this title, the Board of Trustees may charge students reasonable tuition and fees set by it with a view to making college education available to all qualified students at low cost.
(i)
The Board of Trustees may sue and be sued.
(j)
The Board of Trustees may make agreements with the federal government or any other person, including agreements between counties, if the Board of Trustees considers the agreement advisable for the establishment or operation of the College.
(k)
The Board of Trustees may adopt a corporate seal.
(l)
The Board of Trustees shall appoint a president of the College who shall be the chief executive officer of the College and the secretary/treasurer of the Board of Trustees.
Md. Code Ann., Educ. § 16-607 (2026)
Title 16. Community Colleges
Subtitle 6. College of Southern Maryland
§ 16–607LinkCopy Citation
(a)
The Board of Trustees may:
(1)
Appoint an individual, other than the attorney to the Board of Trustees, as hearing examiner; and
(2)
Adopt rules governing proceedings before the hearing examiner.
(b)
The hearing examiner:
(1)
May hold an initial hearing on any matter brought before the Board of Trustees; and
(2)
Shall submit to the Board of Trustees and to the parties findings of fact and conclusions of law, a transcript of the proceedings, and exhibits.
(c)
The Board of Trustees shall:
(1)
Hear arguments, if requested by a party; and
(2)
After considering the arguments and the record, decide the matter.
(d)
The decision of the Board of Trustees may not be appealed.
Md. Code Ann., Educ. § 16-608 (2026)
Title 16. Community Colleges
Subtitle 6. College of Southern Maryland
§ 16–608LinkCopy Citation
The president of the College shall:
(1)
Report directly to the Board of Trustees;
(2)
Recommend the appointment by the Board of Trustees of qualified faculty members and other employees necessary for the efficient administration of the College;
(3)
Recommend the discharge of employees for good cause, provided that any employee with tenure shall be given reasonable notice of the grounds for dismissal and an opportunity to be heard;
(4)
Be responsible for the conduct of the College and for the administration and supervision of its departments; and
(5)
Attend all meetings of the Board of Trustees, except those involving the position of president.
Md. Code Ann., Educ. § 16-609 (2026)
Title 16. Community Colleges
Subtitle 6. College of Southern Maryland
§ 16–609LinkCopy Citation
Except as otherwise provided in this subtitle, the provisions of §§ 16-106 and 16-107 of this title apply to the College.
Md. Code Ann., Educ. § 16-610 (2026)
Title 16. Community Colleges
Subtitle 6. College of Southern Maryland
§ 16–610LinkCopy Citation
(a)
Each year the Board of Trustees and the president of the College shall prepare and submit to the county commissioners:
(1)
An annual report;
(2)
An operating budget;
(3)
A capital budget; and
(4)
If required, a long–term capital improvement program.
(b)
The operating budget shall show:
(1)
All revenues estimated for the next fiscal year classified by funds and sources of income;
(2)
All expenditures requested, including the major functions listed under § 16–304(b) of this title; and
(3)
Any other information or supporting data required by the county commissioners.
(c)
The county commissioners in each county shall review and approve the budget request made to that county and may reduce it.
(d)
The operating budget of the College as outlined in this section shall be submitted to the Commission for informational purposes.
Subtitle 7. Collective Bargaining
Md. Code Ann., Educ. § 16-701 (2026)
Title 16. Community Colleges
Subtitle 7. Collective Bargaining
§ 16–701LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Agreement” means a written contract between a public employer and an employee organization.
(c)
“Arbitration” means a procedure by which parties involved in a grievance submit their differences to an impartial third party for a final and binding decision.
(d)
“Board” means the Public Employee Relations Board.
(e)
“Collective bargaining” has the meaning stated in § 3–101(d) of the State Personnel and Pensions Article.
(f)
“Confidential employee” means a public employee whose unrestricted access to personnel, budgetary, or fiscal data subject to use by the public employer in collective bargaining, or whose close, continuing working relationship with those responsible for negotiating on behalf of the public employer, would make the employee’s membership in an employee organization as a rank and file employee incompatible with the employee’s duties.
(g)
“Employee organization” has the meaning stated in § 22–101 of the State Government Article.
(h)
“Exclusive representative” has the meaning stated in § 22–101 of the State Government Article.
(i)
“Fact–finding” means a process conducted by the Board that includes:
(1)
The identification of the major issues in an impasse;
(2)
The review of the positions of the parties; and
(3)
A resolution of factual differences by an impartial individual or panel.
(j)
(1)
“Faculty” means employees whose assignments involve academic responsibilities, including teachers and department heads.
(2)
“Faculty” does not include officers, supervisory employees, confidential employees, part–time faculty, or student assistants.
(k)
“Grievance” means a dispute concerning the application or interpretation of the terms of a collective bargaining agreement.
(l)
“Impasse” means a failure by a public employer and an exclusive representative to achieve agreement in the course of negotiations.
(m)
“Officer” means the president, a vice president, a dean, or any other similar official of the community college as appointed by the board of community college trustees.
(n)
“Part–time faculty” means employees whose assignments involve academic responsibilities, including teachers, counselors, and department heads, who are designated with part–time faculty status by the president of the community college.
(o)
(1)
“Public employee” means an employee employed by a public employer.
(2)
“Public employee” includes faculty and part–time faculty at the Baltimore City Community College.
(3)
“Public employee” does not include:
(i)
Officers;
(ii)
Supervisory or confidential employees; or
(iii)
Student assistants.
(p)
(1)
“Public employer” means the board of community college trustees for a community college.
(2)
“Public employer” includes the Board of Trustees of Baltimore City Community College for the purposes of collective bargaining with faculty and part–time faculty.
Md. Code Ann., Educ. § 16-702 (2026)
Title 16. Community Colleges
Subtitle 7. Collective Bargaining
§ 16–702LinkCopy Citation
(a)
It is the intent of the General Assembly that:
(1)
The State promote harmonious and cooperative relationships with the public employees of the community college system by encouraging collective bargaining practices, protecting the rights of public employees to associate, organize, and vote for their own exclusive representatives, and recognizing the dignity of labor for all employees of the community college system; and
(2)
A delay in implementation of this subtitle shall be to ensure that community colleges are granted sufficient time to plan for potential negotiations and may not be used to plan for, or engage in, activities that would discourage or otherwise coerce employees seeking to hold an election.
(b)
This subtitle shall apply:
(1)
Beginning on September 1, 2022, to:
(i)
Anne Arundel Community College;
(ii)
Community College of Baltimore County;
(iii)
Frederick Community College;
(iv)
Harford Community College;
(v)
Howard Community College;
(vi)
Montgomery College;
(vii)
Prince George’s Community College; and
(viii)
College of Southern Maryland;
(2)
Beginning on September 1, 2023, to:
(i)
Allegany College of Maryland;
(ii)
Carroll Community College;
(iii)
Cecil College;
(iv)
Chesapeake College;
(v)
Garrett College;
(vi)
Hagerstown Community College; and
(vii)
Wor–Wic Community College; and
(3)
Beginning October 1, 2024, Baltimore City Community College.
(c)
Public employees, public employers, and exclusive representatives are subject to the provisions of Title 22 of the State Government Article.
Md. Code Ann., Educ. § 16-703 (2026)
Title 16. Community Colleges
Subtitle 7. Collective Bargaining
§ 16–703LinkCopy Citation
There may be no more than four bargaining units at each community college including:
(1)
One unit reserved for full–time faculty;
(2)
One unit reserved for part–time faculty; and
(3)
Two units reserved for eligible nonexempt employees, as defined in the federal Fair Labor Standards Act.
Md. Code Ann., Educ. § 16-704 (2026)
Title 16. Community Colleges
Subtitle 7. Collective Bargaining
§ 16–704LinkCopy Citation
(a)
(1)
Subject to paragraph (2) of this subsection, within 10 days after a new employee’s date of hire, for each new public employee in the bargaining unit represented by the exclusive representative, the public employer shall provide the exclusive representative with the information required under § 16–704 of this subtitle.
(2)
A public employer shall provide the exclusive representative with the information required under paragraph (1) of this subsection in a searchable and analyzable electronic format.
(b)
(1)
Except as provided in paragraphs (2) and (3) of this subsection, an exclusive representative shall consider the information that it receives under this section as confidential and may not disclose the information to any person.
(2)
An exclusive representative may authorize third–party contractors to use the information that it receives under this section, as directed by the exclusive representative, to carry out the exclusive representative’s statutory duties under this title.
(3)
An exclusive representative or an authorized third–party contractor may use the information that it receives under this section for the purpose of maintaining or increasing employee membership in an employee organization.
(4)
On written request of a public employee, an exclusive representative shall withhold further communication with a public employee unless otherwise required by law or the written request is revoked by the public employee.
(c)
(1)
(i)
A public employer shall provide the exclusive representative with the information described in subsection (a) of this section for each public employee in the bargaining unit represented by the exclusive representative once every 90 days.
(ii)
Subject to § 16–706 of this subtitle, a public employer may negotiate with the exclusive representative to provide the information required under this paragraph more frequently than once every 90 days.
(2)
A public employer shall provide the exclusive representative with the information described in subsection (a) of this section regardless of whether the newly hired public employee was previously employed by the public employer.
Md. Code Ann., Educ. § 16-705 (2026)
Title 16. Community Colleges
Subtitle 7. Collective Bargaining
§ 16–705LinkCopy Citation
(a)
In this section, “new employee processing” means the process for a newly hired public employee, whether in–person, online, or through other means, in which new public employees are advised of their employment status, rights, benefits, duties, responsibilities, and other employment–related matters.
(b)
(1)
(i)
A public employer shall provide the exclusive representative access to new employee processing.
(ii)
Except as provided in subparagraph (iii) of this paragraph, a public employer shall provide the exclusive representative at least 10 days’ notice in advance of a new employee processing.
(iii)
A public employer may provide the exclusive representative with less than 10 days’ notice if there is an urgent need critical to the public employer’s new employee processing that was not reasonably foreseeable.
(2)
(i)
The structure, time, and manner of the access required in paragraph (1) of this subsection shall be determined through negotiations between the public employer and the exclusive representative in accordance with § 16–706 of this subtitle.
(ii)
When negotiating access to new employee processing under subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days after the first meeting of the public employer and the exclusive representative, or within 60 days after an initial request to negotiate, whichever occurs first, either party may request that the Board declare an impasse under § 16–707 of this subtitle.
(iii)
In an impasse proceeding under § 16–707 of this subtitle, the mediator or Board shall consider:
(1)
The ability of the exclusive representative to communicate with the public employees it represents;
(2)
The legal obligations of the exclusive representative to the public employees;
(3)
Applicable State, federal, and local laws;
(4)
Any stipulations of the parties;
(5)
The interests and welfare of the public employees and the financial condition of the public employer;
(6)
The structure, time, and manner of access of an exclusive representative to new employee processing in comparable public employers, including the access provisions in other memoranda of understanding or collective bargaining agreements; and
(7)
Any other facts routinely considered in establishing the structure, time, and manner of access of an exclusive representative to new employee processing.
(3)
(i)
A request to negotiate under paragraph (2) of this subsection made between September 1, 2022, and the expiration date of an existing collective bargaining agreement between the parties shall reopen the existing collective bargaining agreement only for the purpose of negotiating the access of the exclusive representative to the public employer’s new employee processing.
(ii)
Either party may elect to negotiate a separate agreement on the access of the exclusive representative to the public employer’s new employee processing in lieu of reopening the existing collective bargaining agreement.
(c)
This section does not prohibit a public employer and an exclusive representative from negotiating access to new employee processing that varies from the requirements of this section.
Md. Code Ann., Educ. § 16-706 (2026)
Title 16. Community Colleges
Subtitle 7. Collective Bargaining
§ 16–706LinkCopy Citation
(a)
Collective bargaining shall include all matters relating to:
(1)
Wages, hours, and other terms and conditions of employment; and
(2)
The procedures for the employee organization to receive membership dues through payroll deduction.
(b)
In the course of collective bargaining, the public employer and the exclusive representative shall:
(1)
Meet at reasonable times; and
(2)
Make every reasonable effort to conclude negotiations with a final written agreement in a timely manner before the budget submission date of the public employer.
(c)
An agreement may include a provision for the arbitration of grievances arising under the agreement.
(d)
(1)
An agreement may not include matters relating to the employees’ or teachers’ retirement or pension systems otherwise covered by the Annotated Code of Maryland.
(2)
Paragraph (1) of this subsection does not prohibit a discussion of the terms of the retirement or pension systems in the course of collective bargaining.
(e)
The terms of an agreement shall supersede any conflicting regulations or administrative policies of the public employer.
(f)
(1)
(i)
Except as provided in paragraph (2) of this subsection, a request for funds necessary to implement an agreement shall be submitted by the public employer in a timely fashion for consideration in the budget process of the county.
(ii)
Not later than 20 days after final budget action by the governing body of a county, if a request for funds necessary to implement an agreement is reduced, modified, or rejected by the governing body, either party to the agreement may reopen the agreement.
(2)
For Baltimore City Community College, in the annual budget bill submitted to the General Assembly, the Governor shall include any amounts in the budget of Baltimore City Community College required to accommodate any additional cost resulting from the negotiations, including the actuarial impact of any legislative changes to any of the State pension or retirement systems that are required, as a result of the negotiations, for the fiscal year beginning the immediately following July 1 if the legislative changes have been negotiated to become effective in that fiscal year.
Md. Code Ann., Educ. § 16-707 (2026)
Title 16. Community Colleges
Subtitle 7. Collective Bargaining
§ 16–707LinkCopy Citation
(a)
If in the course of collective bargaining a party determines that an impasse exists, that party may request the services of the Board in mediation or engage another mutually agreeable mediator.
(b)
(1)
By mutual agreement, the parties may engage in mediation.
(2)
(i)
If there is not mutual agreement, either party may petition the Board to initiate fact–finding.
(ii)
(1)
After considering the status of bargaining and the budget schedule of the public employer, the Board may find that an impasse exists and may notify the parties that fact–finding is to be initiated.
(2)
A public employer and the exclusive representative may select their own fact finder.
(3)
(A)
If the parties have not selected their own fact finder within 5 days after the required notification, the Board shall submit to the parties the names of five qualified individuals.
(B)
Each party alternately shall strike two names from the list with the remaining individual being the fact finder.
(4)
The fact finder selected by the parties shall conduct hearings and may administer oaths.
(5)
The fact finder shall make written findings of fact and recommendations for resolution of the impasse.
(6)
Not later than 30 days after the date of appointment, the fact finder shall transmit the findings to the public employer, the exclusive representative, and the Board.
(7)
If the impasse continues 10 days after the report is submitted to the parties, any unresolved noneconomic language items that are subject to fact–finding shall be referred to the Board.
(c)
The parties shall bear equally the costs of fact–finding.
(d)
The Board, on receipt of the report and certification of unresolved noneconomic language items, shall provide the parties with an opportunity to submit additional position statements and issue a written decision adopting:
(1)
The final proposal of the public employer;
(2)
The final proposal of the exclusive representative; or
(3)
The fact finder’s final offer or resolution.
(e)
The Board’s written decision is final and binding on the public employer and the exclusive representative.
Md. Code Ann., Educ. § 16-708 (2026)
Title 16. Community Colleges
Subtitle 7. Collective Bargaining
§ 16–708LinkCopy Citation
(a)
A public employee or group of public employees has the right at any time to:
(1)
Present a grievance arising under the terms of the agreement to the public employer; and
(2)
Have the grievance adjusted without the intervention of the exclusive representative.
(b)
The exclusive representative has the right to be present during any meeting involving the presentation or adjustment of a grievance.
(c)
(1)
A public employer shall hear a grievance and participate in the adjustment of the grievance.
(2)
The adjustment of a grievance may not be inconsistent with the terms of the collective bargaining agreement then in effect.
(3)
A public employer shall give prompt notice of any adjustment of a grievance to the exclusive representative.