Title 16. Community Colleges — Subtitle 3. Fiscal Matters
Statutes in effect as of October 1, 2026.
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.