<?xml version='1.0' encoding='utf-8'?>
<subtitle article="ged" title_number="16" subtitle_number="5" title_name="Community Colleges" subtitle_name="Baltimore City Community College">
  <section article="ged" article_name="Education" number="16-501" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College">
    <level label="a">
      <text>The establishment of Baltimore City Community College is based on the findings and policies set forth in this section.</text>
    </level>
    <level label="b">
      <level label="1">
        <text>Public higher education should be accessible to all those who seek and qualify for admission.</text>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
      <level label="3">
        <text>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.</text>
      </level>
      <level label="4">
        <text>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.</text>
      </level>
    </level>
    <level label="c">
      <text>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.</text>
    </level>
  </section>
  <section article="ged" article_name="Education" number="16-502" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College">
    <level label="a">
      <text>In this subtitle the following words have the meanings indicated.</text>
    </level>
    <level label="b">
      <text>“Board of Trustees” means the Board of Trustees of Baltimore City Community College.</text>
    </level>
    <level label="c">
      <text>“College” means Baltimore City Community College, formerly known as the New Community College of Baltimore.</text>
    </level>
    <level label="d">
      <text>“Commission” means the Maryland Higher Education Commission.</text>
    </level>
    <level label="e">
      <text>“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.</text>
    </level>
    <level label="f">
      <text>“Officer” means the president and the vice presidents of the College and other officers as shall be appointed by the Board of Trustees.</text>
    </level>
    <level label="g">
      <text>“Secretary” means the Secretary of Higher Education.</text>
    </level>
    <level label="h">
      <text>“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.</text>
    </level>
    <level label="i">
      <text>“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.</text>
    </level>
  </section>
  <section article="ged" article_name="Education" number="16-503" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College">
    <level label="a">
      <text>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.</text>
    </level>
    <level label="b">
      <text>The College is an institution of higher education of the State of Maryland.</text>
    </level>
    <level label="c">
      <text>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.</text>
    </level>
  </section>
  <section article="ged" article_name="Education" number="16-504" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College">
    <level label="a">
      <text>The government of the College is vested in the Board of Trustees of the College.</text>
    </level>
    <level label="b">
      <level label="1">
        <text>The Board of Trustees consists of nine voting members:</text>
        <level label="i">
          <text>Six members appointed by the Governor with the advice and consent of the Senate, including the student member;</text>
        </level>
        <level label="ii">
          <text>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;</text>
        </level>
        <level label="iii">
          <text>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</text>
        </level>
        <level label="iv">
          <text>The Executive Director of the Mayor’s Office of Employment Development, who shall serve as an ex officio member.</text>
        </level>
      </level>
      <level label="2">
        <text>Of the members:</text>
        <level label="i">
          <text>Each shall be a resident of the State;</text>
        </level>
        <level label="ii">
          <text>A majority shall be residents of Baltimore City; and</text>
        </level>
        <level label="iii">
          <text>One shall be a regularly enrolled student in good standing at the College.</text>
        </level>
      </level>
      <level label="3">
        <text>The members of the Board shall, to the extent practicable, consist of at least:</text>
        <level label="i">
          <text>One individual with a background in higher education;</text>
        </level>
        <level label="ii">
          <text>One individual with a background in procurement and finance;</text>
        </level>
        <level label="iii">
          <text>One individual with a background in workforce development; and</text>
        </level>
        <level label="iv">
          <text>One high level executive from a large employer located in Baltimore City.</text>
        </level>
      </level>
    </level>
    <level label="c">
      <level label="1">
        <text>The student member shall have a term of 1 year beginning July 1 and ending on June 30.</text>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
      <level label="3">
        <text>The terms of the members are staggered, as required by the terms provided for members of the Board on July 1, 2017.</text>
      </level>
      <level label="4">
        <text>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.</text>
      </level>
      <level label="5">
        <text>A member may be reappointed but may not serve more than 2 consecutive full terms.</text>
      </level>
    </level>
    <level label="d">
      <text>Each member of the Board of Trustees:</text>
      <level label="1">
        <text>Serves without compensation; and</text>
      </level>
      <level label="2">
        <text>Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.</text>
      </level>
    </level>
    <level label="e">
      <text>Except as provided in subsection (b)(1)(ii) of this section, the Board of Trustees may elect any other officers it requires.</text>
    </level>
    <level label="f">
      <level label="1">
        <text>The Board of Trustees shall meet regularly at such times and places as it determines.</text>
      </level>
      <level label="2">
        <text>The Board of Trustees may adopt rules for the conduct of its meetings and the transaction of business.</text>
      </level>
    </level>
    <level label="g">
      <text>A majority of the voting members shall constitute a quorum for the transaction of business.</text>
    </level>
  </section>
  <section article="ged" article_name="Education" number="16-505" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College">
    <level label="a">
      <text>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.</text>
    </level>
    <level label="b">
      <level label="1">
        <text>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.</text>
      </level>
      <level label="2">
        <text>The Board of Trustees may not participate in the day–to–day operations of the College.</text>
      </level>
    </level>
    <level label="c">
      <level label="1">
        <text>The Board of Trustees shall:</text>
        <level label="i">
          <text>On or before December 1, 2018, review, revise, and update the strategic plan for the College;</text>
        </level>
        <level label="ii">
          <text>Review and strategically align core course offerings of the College, consistent with accreditation requirements, and focused on the needs of:</text>
          <level label="1">
            <text>Students at the College; and</text>
          </level>
          <level label="2">
            <text>The workforce in Baltimore City;</text>
          </level>
        </level>
        <level label="iii">
          <text>Make workforce development and job placement top educational priorities of the College;</text>
        </level>
        <level label="iv">
          <text>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;</text>
        </level>
        <level label="v">
          <text>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;</text>
        </level>
        <level label="vi">
          <text>Align the budget of the College with realistic enrollment projections;</text>
        </level>
        <level label="vii">
          <text>Engage in a comprehensive review of all positions, faculty, and staff at the College;</text>
        </level>
        <level label="viii">
          <text>Establish strong relationships with key stakeholders, including:</text>
          <level label="1">
            <text>The Mayor of Baltimore City;</text>
          </level>
          <level label="2">
            <text>The Mayor’s Office of Employment Development;</text>
          </level>
          <level label="3">
            <text>The Baltimore City Public School System;</text>
          </level>
          <level label="4">
            <text>Institutions of higher education located in Baltimore City;</text>
          </level>
          <level label="5">
            <text>State agencies, including the Maryland Department of Labor;</text>
          </level>
          <level label="6">
            <text>Private employers; and</text>
          </level>
          <level label="7">
            <text>Business and community organizations;</text>
          </level>
        </level>
        <level label="ix">
          <text>Develop and market a brand for the College;</text>
        </level>
        <level label="x">
          <text>Address the information technology and infrastructure needs of the College, including whether oversight by the Department of Information Technology is advisable;</text>
        </level>
        <level label="xi">
          <text>Develop or sell all unused or underutilized real estate holdings, including the Inner Harbor site;</text>
        </level>
        <level label="xii">
          <text>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;</text>
        </level>
        <level label="xiii">
          <text>Adopt reasonable rules, regulations, and bylaws to carry out the provisions of this subtitle and §§ 10–204 and 10–211 of this article; and</text>
        </level>
        <level label="xiv">
          <text>Keep separate records and minutes.</text>
        </level>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
    </level>
    <level label="d">
      <level label="1">
        <text>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.</text>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
    </level>
    <level label="e">
      <level label="1">
        <text>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.</text>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
      <level label="3">
        <level label="i">
          <text>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.</text>
        </level>
        <level label="ii">
          <level label="1">
            <text>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.</text>
          </level>
          <level label="2">
            <text>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.</text>
          </level>
          <level label="3">
            <text>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.</text>
          </level>
        </level>
      </level>
    </level>
    <level label="f">
      <text>The Board of Trustees may apply for, accept, and spend any gift or grant from any government, foundation, or person.</text>
    </level>
    <level label="g">
      <level label="1">
        <text>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.</text>
      </level>
      <level label="2">
        <level label="i">
          <text>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.</text>
        </level>
        <level label="ii">
          <text>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.</text>
        </level>
        <level label="iii">
          <text>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.</text>
        </level>
        <level label="iv">
          <text>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.</text>
        </level>
        <level label="v">
          <text>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.</text>
        </level>
      </level>
      <level label="3">
        <text>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.</text>
      </level>
      <level label="4">
        <text>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.</text>
      </level>
      <level label="5">
        <text>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.</text>
      </level>
    </level>
    <level label="h">
      <level label="1">
        <text>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.</text>
      </level>
      <level label="2">
        <text>The Board of Trustees may create other offices in the College and provide for the appointment of qualified persons to those offices.</text>
      </level>
      <level label="3">
        <level label="i">
          <text>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.</text>
        </level>
        <level label="ii">
          <text>The interim president may not be a member of the Board of Trustees.</text>
        </level>
      </level>
      <level label="4">
        <level label="i">
          <text>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.</text>
        </level>
        <level label="ii">
          <text>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.</text>
        </level>
        <level label="iii">
          <text>This paragraph may not be construed to require any additional State General Fund support.</text>
        </level>
        <level label="iv">
          <text>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.</text>
        </level>
        <level label="v">
          <text>The total number of positions authorized under this paragraph shall be limited as specified annually in the State budget bill.</text>
        </level>
      </level>
    </level>
    <level label="i">
      <text>Subject to the authority of the Commission, the Board of Trustees may:</text>
      <level label="1">
        <text>Establish entrance requirements for the College;</text>
      </level>
      <level label="2">
        <text>Approve courses and programs;</text>
      </level>
      <level label="3">
        <text>Adopt and change curricula;</text>
      </level>
      <level label="4">
        <text>Establish and change requirements for the awarding of credits and degrees and for graduation;</text>
      </level>
      <level label="5">
        <text>Work with the Commission to establish cooperative program agreements that qualify as statewide programs in accordance with § 16–310(d) of this title; and</text>
      </level>
      <level label="6">
        <text>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.</text>
      </level>
    </level>
    <level label="j">
      <text>The Board of Trustees may fix the salaries and terms of employment of the President, faculty, and officers of the College.</text>
    </level>
    <level label="k">
      <text>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.</text>
    </level>
    <level label="l">
      <text>The Board of Trustees may enter into contracts or delegate that authority to the President.</text>
    </level>
    <level label="m">
      <text>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.</text>
    </level>
  </section>
  <section article="ged" article_name="Education" number="16-505.1" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College">
    <text>At a minimum, the President of the College shall meet the following criteria:</text>
    <level label="1">
      <text>A commitment to lifelong learning and achievement;</text>
    </level>
    <level label="2">
      <text>Academic leadership skills to determine future priorities, strategic initiatives, new programs or methods of program delivery, and evaluation of accountability for current programs;</text>
    </level>
    <level label="3">
      <text>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;</text>
    </level>
    <level label="4">
      <text>The ability to articulate effectively the College’s focus, vision, and strategies for the future to a wide range of stakeholders and the public;</text>
    </level>
    <level label="5">
      <text>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;</text>
    </level>
    <level label="6">
      <text>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</text>
    </level>
    <level label="7">
      <text>A dedication to serving all of the stakeholders of the College in Baltimore City and the State.</text>
    </level>
  </section>
  <section article="ged" article_name="Education" number="16-505.2" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College">
    <text>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.</text>
  </section>
  <section article="ged" article_name="Education" number="16-505.3" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College">
    <level label="a">
      <level label="1">
        <text>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.</text>
      </level>
      <level label="2">
        <level label="i">
          <text>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.</text>
        </level>
        <level label="ii">
          <text>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.</text>
        </level>
      </level>
    </level>
    <level label="b">
      <level label="1">
        <text>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.</text>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
    </level>
  </section>
  <section article="ged" article_name="Education" number="16-506" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College">
    <level label="a">
      <text>The President of the College shall:</text>
      <level label="1">
        <text>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;</text>
      </level>
      <level label="2">
        <text>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;</text>
      </level>
      <level label="3">
        <text>Take every initiative in:</text>
        <level label="i">
          <text>Implementing the policies of the Board of Trustees and the College; and</text>
        </level>
        <level label="ii">
          <text>Promoting the development and efficiency of the College;</text>
        </level>
      </level>
      <level label="4">
        <text>Hire and discharge faculty and employees as authorized by the Board of Trustees;</text>
      </level>
      <level label="5">
        <text>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</text>
      </level>
      <level label="6">
        <text>Carry out other duties as authorized by the Board of Trustees.</text>
      </level>
    </level>
    <level label="b">
      <text>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.</text>
    </level>
  </section>
  <section article="ged" article_name="Education" number="16-507" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College">
    <level label="a">
      <text>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.</text>
    </level>
    <level label="b">
      <text>The operating budget shall indicate:</text>
      <level label="1">
        <text>All revenues estimated for the next fiscal year classified by funds and sources of income; and</text>
      </level>
      <level label="2">
        <text>All expenditures requested, including specification of expenditures for each major function established by the Commission under § 16-304 of this title.</text>
      </level>
    </level>
    <level label="c">
      <text>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.</text>
    </level>
    <level label="d">
      <level label="1">
        <text>All income of the College shall be deposited:</text>
        <level label="i">
          <text>In the State Treasury; or</text>
        </level>
        <level label="ii">
          <text>As the State Treasurer directs.</text>
        </level>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
      <level label="3">
        <text>The unexpended or unencumbered balances of the College’s revenues:</text>
        <level label="i">
          <text>Shall be reported to the Comptroller and to the Secretary at the end of the fiscal year for which the appropriation was made;</text>
        </level>
        <level label="ii">
          <text>Do not revert to the State Treasury at the end of each fiscal year; and</text>
        </level>
        <level label="iii">
          <text>Shall be available for expenditure through an appropriation contained in the budget bill or through an approved budget amendment.</text>
        </level>
      </level>
      <level label="4">
        <text>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.</text>
      </level>
    </level>
    <level label="e">
      <text>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.</text>
    </level>
  </section>
  <section article="ged" article_name="Education" number="16-508" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College">
    <level label="a">
      <level label="1">
        <text>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.</text>
      </level>
      <level label="2">
        <text>To qualify for a grant under this section, each participant in the program shall be a student:</text>
        <level label="i">
          <text>Born outside of the United States or whose native language is not English;</text>
        </level>
        <level label="ii">
          <text>Who comes from an environment where a language other than English is dominant; or</text>
        </level>
        <level label="iii">
          <text>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.</text>
        </level>
      </level>
    </level>
    <level label="b">
      <level label="1">
        <text>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.</text>
      </level>
      <level label="2">
        <text>The total amount of the grant under this subsection may not exceed $1,333,000 for any fiscal year.</text>
      </level>
    </level>
    <level label="c">
      <text>Baltimore City Community College may not transfer State funds received under this subsection to any other program or category.</text>
    </level>
    <level label="d">
      <text>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.</text>
    </level>
  </section>
  <section article="ged" article_name="Education" number="16-509" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College">
    <text>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.</text>
  </section>
  <section article="ged" article_name="Education" number="16-510" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College">
    <level label="a">
      <level label="1">
        <text>All employees of the College are in an independent personnel system.</text>
      </level>
      <level label="2">
        <text>The personnel system established under this subsection shall include provisions for:</text>
        <level label="i">
          <text>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</text>
        </level>
        <level label="ii">
          <text>Redress of any violation of Title 2, Subtitle 4 of the State Personnel and Pensions Article, including the award and payment of damages.</text>
        </level>
      </level>
    </level>
    <level label="b">
      <text>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:</text>
      <level label="1">
        <text>The annual leave accrual rate provided in § 9-302 of the State Personnel and Pensions Article;</text>
      </level>
      <level label="2">
        <text>Seniority under Title 11, Subtitle 2 of the State Personnel and Pensions Article, relating to layoffs; and</text>
      </level>
      <level label="3">
        <text>Seniority under § 7-207(b) of the State Personnel and Pensions Article, relating to promotions.</text>
      </level>
    </level>
  </section>
  <section article="ged" article_name="Education" number="16-511" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College">
    <level label="a">
      <text>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.</text>
    </level>
    <level label="b">
      <level label="1">
        <level label="i">
          <text>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.</text>
        </level>
        <level label="ii">
          <text>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.</text>
        </level>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
    </level>
    <level label="c">
      <text>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.</text>
    </level>
    <level label="d">
      <level label="1">
        <text>In this subsection, “procurement” and “procurement contract” have the meanings stated in § 11-101 of the State Finance and Procurement Article.</text>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
      <level label="3">
        <text>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.</text>
      </level>
    </level>
  </section>
  <section article="ged" article_name="Education" number="16-512" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College">
    <level label="a">
      <text>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.</text>
    </level>
    <level label="b">
      <level label="1">
        <text>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:</text>
        <level label="i">
          <text>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;</text>
        </level>
        <level label="ii">
          <text>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;</text>
        </level>
        <level label="iii">
          <text>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;</text>
        </level>
        <level label="iv">
          <text>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;</text>
        </level>
        <level label="v">
          <text>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;</text>
        </level>
        <level label="vi">
          <text>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;</text>
        </level>
        <level label="vii">
          <text>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;</text>
        </level>
        <level label="viii">
          <text>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;</text>
        </level>
        <level label="ix">
          <text>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;</text>
        </level>
        <level label="x">
          <text>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;</text>
        </level>
        <level label="xi">
          <text>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;</text>
        </level>
        <level label="xii">
          <text>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;</text>
        </level>
        <level label="xiii">
          <text>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;</text>
        </level>
        <level label="xiv">
          <text>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;</text>
        </level>
        <level label="xv">
          <text>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</text>
        </level>
        <level label="xvi">
          <text>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.</text>
        </level>
      </level>
      <level label="2">
        <text>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:</text>
        <level label="i">
          <text>Noncapital appropriations from the Higher Education Investment Fund; and</text>
        </level>
        <level label="ii">
          <text>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.</text>
        </level>
      </level>
      <level label="3">
        <text>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.</text>
      </level>
      <level label="4">
        <text>In fiscal year 2013, the total State operating funds appropriated to Baltimore City Community College under this section shall be $39,863,729.</text>
      </level>
    </level>
    <level label="c">
      <text>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.</text>
    </level>
    <level label="d">
      <text>The State shall distribute the State appropriation under this subsection to the Board of Trustees of Baltimore City Community College on a quarterly basis.</text>
    </level>
    <level label="e">
      <level label="1">
        <level label="i">
          <text>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.</text>
        </level>
        <level label="ii">
          <text>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.</text>
        </level>
        <level label="iii">
          <text>The source of the $600,000 is not limited to tax or fee revenues generated by the City of Baltimore.</text>
        </level>
      </level>
      <level label="2">
        <level label="i">
          <text>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.</text>
        </level>
        <level label="ii">
          <text>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.</text>
        </level>
        <level label="iii">
          <text>The source of the $800,000 is not limited to tax or fee revenues generated by the City of Baltimore.</text>
        </level>
      </level>
      <level label="3">
        <level label="i">
          <text>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.</text>
        </level>
        <level label="ii">
          <text>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.</text>
        </level>
        <level label="iii">
          <text>The source of the $1,000,000 is not limited to tax or fee revenues generated by the City of Baltimore.</text>
        </level>
        <level label="iv">
          <text>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.</text>
        </level>
      </level>
    </level>
  </section>
  <section article="ged" article_name="Education" number="16-513" title_number="16" title_name="Community Colleges" subtitle_number="5" subtitle_name="Baltimore City Community College">
    <level label="a">
      <text>There is a Baltimore City Community College police force.</text>
    </level>
    <level label="b">
      <level label="1">
        <text>A Baltimore City Community College police officer has the powers granted to a peace and police officer.</text>
      </level>
      <level label="2">
        <level label="i">
          <text>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.</text>
        </level>
        <level label="ii">
          <text>The police officer may not exercise these powers on any other property unless:</text>
          <level label="1">
            <text>Engaged in fresh pursuit of a suspected offender;</text>
          </level>
          <level label="2">
            <text>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</text>
          </level>
          <level label="3">
            <text>Ordered to do so by the Governor.</text>
          </level>
        </level>
      </level>
    </level>
    <level label="c">
      <level label="1">
        <text>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.</text>
      </level>
      <level label="2">
        <text>To the extent practicable, the Board shall adopt standards that are similar to the standards adopted for the Department of State Police.</text>
      </level>
    </level>
    <level label="d">
      <text>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.</text>
    </level>
  </section>
</subtitle>