Title 13B — Subtitle 07. Community Colleges

COMAR 13B.07.02.02B;

COMAR 13B.07.02.03B(1) and (2);

COMAR 13B.07.02.03C(1), D, E, and F;

COMAR 13B.07.02.04C;

COMAR 13B.07.02.06;

COMAR 13B.07.03; and

COMAR 13B.07.04.01, .03, .04, .05, and .06.

“Board of trustees of a college” means the governing board of a college or system.

College.

“Commission” means the Maryland Higher Education Commission.

“Continuing education course” means a course for which academic credit is not awarded.

“Contract amount” means the total amount received by a college from a local, State, or federal contract, plus any other federal or State revenue related to the contract, excluding full-time equivalent student (FTE) State support.

“County” means:

“County resident” means a student who has maintained a domicile in the county or region served by the college for at least 3 months before the date of enrollment at a college.

Direct Costs.

“Domicile” means:

“Dual enrollment student” means a secondary student who is enrolled in college courses and receives both high school and college credit for the courses completed.

“Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

“Electronic signature” means an electronic sound, symbol, or process that is a protected entity, attached to or logically associated with a record, and executed or adopted by a person with the intent to sign the record.

“Eligible employee” means a full-time, nontemporary employee of the college who is entitled to receive full employment benefits at the college.

“Equated credit” means contact hours divided by 15.

“Full-time day equivalent (FTDE)” means the total number of credit hours taught on campus between 8 a.m. and 5 p.m., divided by 15 credit hours.

“Full-time equivalent faculty (FTEF)” means the number of full-time faculty plus the number of course credit hours eligible for State aid and taught by part-time faculty during a given fiscal year, divided by 30.

“Full-time equivalent student” means the quotient of the number of student credit hours produced in the fiscal year which is 2 years before the fiscal year for which the State share is calculated, divided by 30.

“Gifted and talented” means an elementary or secondary school student who is identified by professionally qualified individuals as having outstanding abilities in one or more of the following areas:

“Indirect costs” means the number of full-time equivalent (FTE) students taught under a training contract multiplied by the budgeted current year net cost per FTE for that college per the Annual Budget Report (form MHEC-CC-5), multiplied by the percentage of the adjusted current unrestricted expenditures in all functions other than instruction as reported in the current Annual Budget Report (form MHEC-CC-5) for that college.

“Maryland resident” means a student who has maintained a domicile in Maryland for at least 3 months before the date of enrollment at a college.

"PlanMaryland” means the State Development Plan prepared by the Maryland Department of Planning and filed with the Secretary of State on December 16, 2011.

“Protected entity” means a process for verifying that an electronic signature is that of a specific person to whom the electronic signature is being attributed.

“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium retrievable in a perceivable form.

“Secretary” means the Secretary of Higher Education.

Standardized Test.

Admissions requirements set forth in COMAR 13B.02.02; and

Transfer requirements set forth in COMAR 13B.06.02.

A college may admit gifted and talented students.

A gifted and talented student may enroll in programs or other college-level credit or noncredit courses, as determined by the appropriate college and school officials.

A college may admit dual enrollment students.

A college may waive tuition and fees for dual enrollment students.

A dual enrollment student may enroll in programs or other college-level credit or noncredit courses, as determined individually by the appropriate college and school officials.

A college shall submit to the Commission enrollment information for all State-approved noncredit continuing education courses offered during a fiscal year.

A college may not receive State funding for continuing education courses until the Commission approves the courses.

A college shall conduct and advertise continuing education courses in accordance with the approved description, objectives, and title.

A college shall teach continuing education courses for a minimum of 5 contact hours, unless a lesser number of hours is specifically approved by the Commission for purposes of certification or contracted training.

The Commission may not approve recreational courses for State funding.

A continuing education course shall be approved for a period of not less than 2 fiscal years unless the college has been otherwise notified in writing by the Commission.

The Commission may not retroactively apply new submission and evaluation criteria to continuing education courses approved for State funding.

A college shall maintain an open file of general course descriptions and course objectives for each continuing education course offered.

A college shall retain original enrollment records for continuing education courses certifying student eligibility for State aid for at least 5 years.

When two or more colleges jointly sponsor a noncredit continuing education course, participating students shall be enrolled, recorded, and registered by the college that will ultimately submit the request for State funding for the course.

A student enrolled in continuing education courses for which State funding is requested shall pay tuition or fees, or both, unless otherwise permitted by State law.

A college may not receive State funding for students younger than 16 years old enrolled in continuing education courses, unless otherwise permitted by State law.

A high school student concurrently enrolled in continuing education courses that are part of the student's high school curriculum may not be submitted for State funding.

An employee of the college who is enrolled in continuing education courses without payment of tuition, either through tuition waiver, tuition payment-reimbursement, or by direct finance of the course work by individual college departments, may not be submitted for State funding.

Instruction in continuing education courses shall involve either direct or delayed faculty and student interaction which may include interactive video, live and video teleconferencing, and computer conferencing.

A continuing education course that is approved for State funding shall be open to the public, except when the course is being offered under contract to meet employee training needs.

A college board of trustees shall adopt and publish in the college catalog or other public document a policy governing classification of students by domicile for tuition purposes.

The classification of students by domicile shall be in accordance with this chapter.

An individual's immigration status may not preclude award of Maryland residency under this policy if the individual has the legal capacity to establish domicile in Maryland.

A college shall provide in its policy an opportunity for a student to request a change in residency classification or to appeal a current classification.

Residents of the county or counties that support the colleges (not applicable to Baltimore City Community College);

Maryland residents from outside the county or counties that support the college (not applicable to Baltimore City Community College); and

Out-of-State residents.

Out-of-State students shall pay tuition in accordance with Education Article, §16-310(a), Annotated Code of Maryland (not applicable to Baltimore City Community College).

Out-of-county or out-of-region students shall pay tuition in accordance with Education Article, §16-310(b), Annotated Code of Maryland.

A student enrolled in a program designed as health manpower shortage, Statewide or regional by the Commission shall be considered a resident for tuition purposes.

A college may adopt a policy allowing it to enter into a contract to provide education or training for public or private sector employees or members with a public or private sector employer or nonprofit organization that maintains facilities, operates, or does business in the State. The contract may provide for a set contractual fee in place of payment of tuition under the following conditions:

Contractual arrangements under this program may include customized training as well as employer-paid or organization-paid tuition and tuition reimbursement plans.

The employees or members enrolled under this program are eligible to be considered Maryland residents for purposes of State aid.

Military personnel and their dependents who have a domicile in Maryland at the time of entrance into the armed forces and who are stationed outside the State;

Military personnel stationed in Maryland and on active duty who did not have a domicile in Maryland at the time of entrance into the armed forces, and their dependents;

A student enrolled in a program designated by the Commission as a health manpower shortage program;

A student from outside the State who enrolls as part of a reciprocity agreement negotiated between Maryland and another state; and

A returned Peace Corps volunteer under Education Article, §15-106.11, Annotated Code of Maryland, who is domiciled in the State and attends a public institution of higher education in the State.

A student from outside the State who is formally admitted and enrolled in an education program leading to licensure in nursing is considered a resident for tuition and State aid purposes if the student:

Each college shall report by December 15 of each year to the Commission the total number of students participating in this program and the total dollar amount for the previous academic year.

Requires, and the incumbent possesses, an earned baccalaureate or higher degree;

Requires service of not less than half the working hours required of similar positions at the college, that is, the position is at least half-time;

Requires use of skills which are predominantly mental or intellectual, rather than physical or manual;

Is not considered by the college to be a clerical position; and

Is not funded by federal or special funds, or from auxiliary enterprise operations.

Is not a resident of the county; and

Is a victim of human trafficking.

Information collected or maintained by the college related to an individual’s application for a waiver, or related to an individual’s status as a victim of human trafficking, remains confidential and is subject to disclosure only upon the applicant’s written consent;

An application for a waiver of the out-of-county or out-of-region fee contains evidence that the applicant is a victim of human trafficking, including:

The college provides the applicant with the option of having any directory information about the applicant, including but not limited to the applicant’s name, address, photograph, email address, and phone number, remain confidential and subject to disclosure only upon the applicant’s written consent.

Keep a record of the number of individuals for whom a waiver was granted; and

Report to the Commission annually on the number of individuals for whom a waiver was granted.

The audit is to be conducted by an independent certified public accountant, and the cost of the audit shall be the responsibility of each college.

An annual audit performed by an official auditor of a county shall satisfy the annual audit requirement if it otherwise meets the requirements of the statutes and this chapter and if the official auditor is approved by the Commission with the concurrence of the Legislative Auditor.

The Legislative Auditor may perform the required annual audits. However, the Legislative Auditor shall give notice of the Auditor's intent to perform the annual audit of a college before the start of the fiscal year to be audited. The cost of this audit is the responsibility of each college.

The Legislative Auditor may be directed to undertake special audits of a college by the Joint Budget and Audit Committee of the General Assembly. These audits are conducted at State expense.

The selection of the independent certified public accountant who will conduct the audit is the responsibility of the local board of trustees for each college.

The arrangements made with the independent certified public accountant shall:

The independent certified public accountant shall determine the nature and extent of the review required to render an opinion.

An audit of a college shall be conducted in accordance with the American Institute of Certified Public Accountants Industry Audit Guide: Audits of Colleges and Universities, and in compliance with generally accepted auditing standards.

If the auditor is unable to express an unqualified opinion on financial statements, a separate letter shall be submitted to the Commission by the college which indicates in detail management's plan to correct the problem so that the auditor can issue an unqualified opinion in the future. These letters shall accompany the financial statements when they are submitted to the Commission.

Management Letter.

Each board of trustees shall engage the independent certified public accountant to perform an audit on the Annual Financial Report to the Commission (form MHEC-CC-4) which is a special purpose report required by the Commission. The independent certified public accountant shall render a report on the scope of the accountant's examination of the Annual Financial Report (form MHEC-CC-4) and express the accountant's opinion as to the fairness of the Summary Statement of Revenues and Expenditures and the enrollment data. Explicit references are required with regard to enrollment data and whether the principles and procedures governing the interrelationship between the current unrestricted general fund and the auxiliary enterprise fund result in a fair presentation of the current unrestricted general fund revenues and expenditures. The independent certified public accountant also shall prepare a reconciliation of any differences in total current general unrestricted revenues and expenditures as shown in the Annual Financial Report (form MHEC-CC-4) and those same revenues and expenditures as reflected in the audited financial statements. For purposes of expressing an opinion on the Annual Financial Report (MHEC-CC-4), the independent certified public accountant shall comply with §D(5)—(15) of this regulation.

Full-time equivalent student enrollment shall be audited with the same diligence as applied to the financial statements, that is, the general standards and standards of field work apply to the enrollment audit. The specific tests of the enrollment records and the auditing procedures to be applied to the enrollment records are the responsibility of the independent certified public accountant.

Full-time equivalent students equal total student credit or equated credit hours generated in a fiscal year divided by 30.

Full-time equivalent enrollment:

Except as provided in COMAR 13B.07.02.03F and G, students shall be classified by their geographic area of residence to ensure that out-of-State students do not enter into the computation of full-time equivalent students for State aid purposes.

A faculty or staff member, or dependents of the faculty or staff member of the college enrolled without tuition charge, may not be included in the computation of full-time equivalent students for the purposes of State aid.

A college may not enter into a contractual agreement with an organization or institution which offers instruction resulting in credit or equated credit submitted for State aid to the college without the prior approval of the Commission.

A college may not submit for State aid credits awarded to students for:

Unless otherwise approved by the Commission, full-time equivalent enrollment is to be reported to the Commission within the fiscal year in which the courses are taught. Full-time equivalent enrollment in credit or equated credit courses that are conducted over the fiscal year end shall be reported in the fiscal year in which the courses are predominantly taught.

An auditor shall direct particular attention to sections of the Commission general policies regarding contractual agreements with organizations offering instruction, State or federally funded contracts, and maintenance of effort by local subdivisions.

When local, State, or federally funded contracts or grants, or both, pay for program or course costs, or both, State aid is not paid for that proportion of full-time equivalent students whose total costs are funded by the grant or contract.

There is a clear distinction between the State's participation in support of current expenses and in support of construction projects, and this distinction shall be maintained in the college's accounts and reports.

Transfer expenditures are included in adjusted current unrestricted operating expenditures only if the nature of the transfer coincides with the definition of an expenditure defined as a current general unrestricted fund expenditure.

Encumbrances outstanding at year end shall be substantiated by written and approved purchase orders or contracts for the future delivery of goods or services not received as of June 30. In the preparation of financial statements, open encumbrances are to be reported under generally accepted accounting principles as a reservation of fund balance, since the commitments will be honored through subsequent year's expenditures. Open encumbrances outstanding at year end do not constitute expenditures or liabilities in the financial statements or in the Annual Financial Report (MHEC-CC-4).

Three copies of the formal audit report, the financial statements, the management letter, recommendations, and the college's response to the management letter shall be filed with the Commission within 90 days of the close of each fiscal year.

Three copies of the Annual Financial Report (form MHEC-CC-4) shall be filed with the Commission within 90 days of the close of each fiscal year. The copies shall be accompanied by a transmittal letter signed by the president of the college which indicates that the president is aware of the contents of the report.

The Commission shall forward copies of the required reports to the Legislative Auditor to fulfill the requirements of the statutes.

Extensions.

If a federal, State, or local contract or grant is used to pay for a credit or a noncredit training program course cost, a college shall reduce the number of full-time equivalent students submitted to the State for funding by an appropriate amount as determined by the Commission, in order that the course costs are not reimbursed twice.

The Commission may grant specific exceptions to the requirements in this section.

Submit to the Commission for review and comment a proposal for any capital construction project, regardless of the source of the funds, in accordance with guidelines and procedures required by the Commission in the Maryland Community College Facilities Manual;

In submitting a proposal for a project for which the college is not eligible or does not seek State participation, indicate:

Before submitting educational specifications for new capital projects, submit to the Commission a letter of intent and program proposal, in accordance with COMAR 13B.02.02, for any new instructional program to be housed in the proposed facility.

A revised capital construction project priority list for purposes of State participation; and

Enrollment projections to be used by the college to prepare capital construction projects.

An executive summary;

A statement of the college's role and mission as described in §D of this regulation;

Assessment and analysis of existing land and facilities and planning assumptions as described in §E of this regulation;

Specific plans to meet identified needs, including:

Provisions indicating that the Maryland Department of Planning Growth and Conservation map was considered; and

An implementation strategy, including:

This statement shall describe the most significant characteristics of the college which impact upon the college's facilities requirements, and shall be consistent with the college's approved role and mission statement. The statement shall, at a minimum, address the characteristics in §D(2) and (3) of this regulation.

Enrollment information shall include:

Characteristics to be addressed also include:

All proposed new campuses or new site development shall be assessed and analyzed. The college shall use the Maryland Higher Education Commission site analysis and scorecard when evaluating sites for a new campus. This document is available from the Commission. The physical characteristics of the campus shall be described as well as the changes which are required to meet the objectives in the college's stated role and mission.

All proposals for new campuses, new site development, and new facilities projects shall consider the Maryland Department of Planning Growth and Conservation map.

At a minimum, the assessment and analysis required by this section shall include the following elements:

A board of trustees approved new or updated facilities master plan shall be submitted concurrently to the Commission, the Department of Budget and Management, the Department of General Services, and the Maryland Department of Planning.

The Commission shall review the plan with specific attention to:

The comments of the Department of Budget and Management shall focus primarily on the review of space guidelines analysis, physical planning considerations, and cost/benefit considerations, and may not duplicate the Commission's analysis of enrollment and staffing projections and academic proposals.

The Department of General Services and the Maryland Department of Planning shall concurrently submit questions and concerns to the Commission and the Department of Budget and Management. The Commission shall forward its questions and concerns to the Department of Budget and Management to facilitate a consolidated response to the college from the Commission and the Department of Budget and Management. The college shall provide a response addressing the questions and concerns and may choose to modify its plan as a result of the issues raised. If appropriate, a meeting including the review agencies and the college may be held to assure a coordinated approach to completing the review process.

Final action shall consist of one of the following decisions:

Updated space guideline calculation tables;

A 5-year summary of projects;

Projects included in the annual budget request;

Projects planned for the subsequent 4 years; and

A brief description and justification of each project.

A facility program statement is required for each project to be considered for funding in the capital budget. The program statement consists of Part I/project justification and Part II/technical specifications. The college shall submit the Part I and Part II to the Commission, the Department of Budget and Management, the Department of General Services, and the Department of Planning no later than May 1 of the year that the college is requesting funding.

The Commission review of the Part I/project justification shall focus on:

The Part II/technical specifications shall be submitted by May 1 of the year in which the design funds are requested. The Part II/technical specifications review shall be conducted by the Department of Budget and Management, the Department of General Services, and the Maryland Department of Planning.

If the timing of the project is such that design funds are being requested in the same year in which the project will first appear in the 5-year capital improvement program, then the Part I/project justification and the Part II/technical specifications shall be submitted simultaneously on May 1 of the year in which the request for design funds is submitted.

As indicated in §B of this regulation, the first year of the 5-year capital improvements program constitutes a college's annual capital budget request. The Commission shall rank all projects, compile a system-wide request, and recommend an integrated annual capital budget to the Governor and the Legislature.

The board of trustees of the college shall study the available sites and have prepared a report that ranks the available sites in order of preference. Technical data, including proximity within Maryland Department of Planning Growth and Conservation planning areas and a site check list, shall support this ranking.

The board of trustees of the college may, at its discretion, authorize obtaining the following on any of the available sites as the board of trustees considers appropriate:

State participation in these technical studies shall be limited to the study of one site.

The college shall identify the specific tentative site selected and advise the Secretary of its selection.

Material supporting the selection of the specific site in §C(4) of this regulation, including an analysis of alternative sites which were considered, shall be submitted to the Secretary. The Secretary shall submit these documents to the Department of General Services and the Maryland Department of Planning for their confidential review and findings.

The board of trustees of the college, when it considers it desirable, upon written petition from the citizenry, or upon request by the county government, may conduct a public hearing. If a public hearing is held, formal minutes shall be taken and copies of these minutes shall be included as part of a formal submission to the Commission.

The approval of a specific site shall be made in accordance with applicable local and State statutes.

The Secretary shall notify the college of the responses of the Department of General Services and the Maryland Department of Planning.

After the notification in §C(8) of this regulation, the board of trustees of the college shall authorize negotiations with the owner or owners and the obtaining of an option or options for a particular site purchase, contingent upon the approval of the Board of Public Works.

The college shall request that the Secretary obtain the approval of the Commission to purchase the specific site. The Commission shall forward its recommendation together with the option or options, and two independent appraisals for each parcel, to the Board of Public Works through the Department of General Services for its final approval of the specific site.

When it is not possible to obtain an option on a specific site or portion of a site, the board of trustees shall request the Secretary to inform the Board of Public Works that an option is not obtainable but that the board of trustees plans to proceed to acquire the specific site or portion of the site through other means. If condemnation is subsequently necessary, the board of trustees shall authorize that action and inform the Secretary.

The Board of Public Works is not bound to approve State participation in any judgment rendered by a jury or court in condemnation proceedings.

The Secretary shall identify the source or sources of State funds and recommend the allocation for design. Before the Secretary's recommendation, the college shall submit a resolution and petition to the Secretary to request funds.

During the design stages of a project, the college shall furnish net assignable space tabulation sheets to the Commission. After the space has been initially approved, justification for a subsequent increase of 10 percent or more shall also be provided.

The Secretary shall identify the source or sources of State funds and recommend the construction allocation before the Board of Public Works approval of the contract award. The Secretary's recommendation shall be based on the availability of bond funds. The Secretary's determination shall be transmitted to the Department of Budget and Management and the Department of General Services.

Upon award of a construction contract and on a quarterly basis after that, the college board of trustees shall provide to the commission cash flow projections. The cash flow projections shall be adjusted as the project progresses and as significant changes are made. These projections form the basis of the Commission's request for the issuance of bonds to support the payment of the State's share.

The disbursement of State matching funds by the Department of General Services shall be made in accordance with applicable State policies. The local share of a project shall be expended before any expenditure of the State share.

During the construction period, the Commission and the Department of General Services shall jointly maintain records on project status, cash flow projections, and bond funds.

For the smaller colleges, the guideline was computed on the basis of the following formula:

For the large colleges, the following formula was used:

For the smaller colleges, the guideline was computed on the basis of the following formula:

For the larger colleges, the guideline was computed in the same manner except that the target room utilization rate was raised to 18 hours per week.

The allowance of 166.0 NASF per individual requiring office space is adopted to cover all space required for faculty offices, administrative offices, clerical offices, student offices (1,120 square feet maximum), library offices, file rooms, mimeograph rooms, vaults, conference room, waiting rooms, interview rooms, closets, private toilets, record rooms, and office supply rooms. Centralized duplicating or print shops are not included.

320—A core space of 1,500 NASF and .05 NASF/FTDE in excess of 1,500 FTDE.

This category includes library and learning resource centers. Seating station size is 25 NASH which, when multiplied by seating for 25 percent of the FTDE, produces a seating factor of 6.25 (25 X 0.25).

The size of the stack space is determined by allowing 0.1 NASF per bound volume equivalent (BVE) with a library of 20,000 BVE recommended for the first 1,000 FTE and 1,000 BVE per 100 FTE after that, although no ceiling on volume count is mandatory.

The processing and service spaces are determined as a group by taking 40 percent of the stack space. A minimum of 1,200 NASF is needed for service regardless of collection size.

The total space for the library is found by adding the space computed for seating, stack, and service.

520—Physical Education. A core of 28,000 NASF (consisting of 14,000 for a gym, 8,000 for a pool, and 6,000 for a fitness center) and 10 NASF/FTDE in excess of 1,500 FTDE and 6,000 NASF of service space (consisting of 3,500 for lockers and 2,500 for storage).

530—Audiovisual, Radio, TV. A core allowance of 1,600 NASF assumes that each campus will have space for audio/TV electronic distribution equipment racks and panels (600 NASF), equipment and materials storage and circulation area (600 NASF), and a maintenance workshop and technician area (400 NASF). The additional 0.8 NASF/FTDE in excess of 1,500 recognizes that larger campuses may require more space for specialized productions.

580—Greenhouse. Assumes that greenhouses supporting the instructional program in biology require a minimum amount of space regardless of the size of the college.

610—Assembly. A core of 12,000 NASF and 2 NASF/FTDE in excess of 1,500 FTDE.

620—Exhibition. A core space of 1,200 NASF is provided for the first 1,500 FTDE. Regardless of campus size, a minimum amount of space is provided for exhibition of materials, works or art, artifacts, etc. Additional space is provided for campuses larger than 1,500 FTDE in recognition of specialized program offerings and increased demand.

630—Food Facilities. This factor is based upon the potential number of users to be served, type of service to be used, number of turnovers, preparation methods, commuter implications, and storage. Space is to be provided for 50 percent of the FTDE students, FTE faculty, and FT staff. Allowance is for 15 NASF per seat for dining, 3 NASF per seat for serving, a turnover of 3:1 per meal, 70 percent of dining and serving allowance for campuses 3,000 FTDE and under, and 40 percent of dining and serving allowance for campuses 3,001 FTDE and over.

650—Lounge Facilities. This factor is based upon the potential numbers of users. Included are primary areas in any student center (game lounge, quiet lounge, study lounge as well as building lounges).

660—Merchandising. A core allowance is provided for basis space for storage display of textbooks and academic supplies and materials as well as sales space for a variety of student convenience and interest items. Space beyond 1,500 FTDE allows for increases in the size of student body growth. Storage and backspace requirements grow at a disproportionate rate because increases in the size of the college produce variety in program and instructional offerings that produce a variety in book titles required to support curricula.

680—Meeting Space. A core of 6,000 NASF for FTDE of 3,000 or less and a core of 8,000 NASF for FTDE 3,001 and above.

710—Data Processing. Allows for average requirements for computer centers and necessary peripherals and processing space. Excluded from this space are instructional computing spaces which are within the HEGIS 200 category. Also, central control monitoring systems are excluded.

720—745 Shops, Storage, Vehicle Storage and Repair. Assumption is that the amount of building space on campus and the number of vehicles to be stored/maintained has a direct relationship to the amount of required service space.

760—Hazardous Materials. An allowance of 2 percent of the existing inventory in room use categories 720—745 is used to determine storage space requirement.

75 percent—full-time faculty;

75 percent—staff;

75 percent—full-time day equivalent for on-campus credit and eligible noncredit courses; and

2 percent—visitors (2 percent of total authorized spaces).

Six tennis courts;

Two fields, with a total of 300,000 square feet, one of which may have a track consisting of six lanes with an eight-lane straight-away.

“College” means any public community college authorized to operate in the State and includes Baltimore City Community College.

“Commission” means the Maryland Higher Education Commission.

“Designated time period” means:

“Eligible contribution” means the total amount or fair market value of monetary or equipment contributions pledged by an eligible donor to an eligible institution, and received by the college, that are specifically designated by the donor to improve the college’s technology, during a designated time period.

“Eligible donor” means any individual, corporation, partnership, organization, or other form of business organization, public or private foundation, or other nonprofit organization, other than a local, state, federal, or foreign government.

“Eligible institution” means each campus of each college and does not include any foundation affiliated with the college or campus.

“Technology” means any technology that will improve the college’s career and workforce instruction.

An itemized list of all monetary and equipment donations made during the designated time period that includes a description of the purpose for which the eligible contribution was or will be used; and

Documentation, from the donor, of each monetary or equipment donation made during the designated time period showing that the donation was specifically designated to improve the college’s technology.