A college shall adhere to the: Admissions requirements set forth in COMAR 13B.02.02; and Transfer requirements set forth in COMAR 13B.06.02. Gifted and Talented Students. 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. Dual Enrollment Students. 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 may not identify a continuing education course or a series of continuing education courses as credit programs. Procedures and Requirements for State Funding (Not Applicable to Baltimore City Community College). 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. College Policies. 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. The policy in §A of this regulation shall distinguish at least the following categories of students: 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. Tuition Requirements. 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. Contract Authorization (not applicable to Baltimore City Community College). 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: The employee or member is enrolled in credit or noncredit courses that will benefit the employer or nonprofit organization; The employer or nonprofit organization pays the fee charged by the college; and The fee reasonably reflects the usual costs charged to students in the same or similar courses. 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. A student enrolling in a credit course or a noncredit continuing education course at a college shall indicate by electronic signature or in writing, on a form prescribed by the board of trustees of the college, whether the student is a resident of the State and the county or region (not applicable to Baltimore City Community College). The following students shall be considered to be Maryland residents (not applicable to Baltimore City Community College): 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. Nursing Students. 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: Furnishes a surety bond or guaranteed promissory note to the Commission through the college, with security satisfactory to the Commission, that on completion of the nursing education program the student will work full-time in Maryland for at least 2 years in a hospital or related institution, as defined in Health-General Article, §19-301, Annotated Code of Maryland; Provides the surety bond or promissory note at the time of registration; and Reports the student's current address and employment status to the Commission each year after the student's graduation until the student's work obligation has been completed. 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. An individual who the college determines to be a Maryland resident in accordance with this regulation is considered a Maryland resident for purposes of State aid. If permitted by policy of the board of trustees, a faculty or staff member, or dependents of the faculty or staff member, may enroll in a class on a space-available basis without payment of tuition. A board of trustees may limit the conditions under which individuals may enroll without payment of tuition or the total number of classes in which they may enroll during a term. An individual who enrolls without payment of tuition because of status as an employee or dependent of an employee is not counted in the computation of full-time equivalent students for purposes of State funding (not applicable to Baltimore City Community College). Instead of a direct tuition waiver, a college may accomplish the purposes of this regulation by tuition deferment or tuition reimbursement if an individual so treated is not included within the computation of full-time equivalent students for purposes of State funding. A college may participate in the establishment of a foundation or foundations associated with it for the purpose of assisting the college to perform its mission. If one or more foundations associated with a college are established, the provisions in §§C—N of this regulation govern the college's activities in relation to the foundation or foundations. A college shall require as a condition of acceptance of funds from an affiliated foundation that an annual audit of the foundation's fiscal affairs is conducted by an independent certified public accountant, with sufficient detail to allow the college and boards of trustees to ascertain the purposes of expenditures, including the assurance that funds are accounted for and used in accordance with donor instructions. In addition, the audit report shall contain a management letter which specifically addresses the operating procedures of the foundation and recommends any corrective actions necessary to ensure fiscal propriety and efficiency. A college shall require as a condition of acceptance of funds from an affiliated foundation that the foundation provide the college with a detailed annual report of expenditures made to or on behalf of the college's employees which has been verified by the foundation's independent audit. A college may not accept funds from an affiliated foundation unless the foundation uses generally accepted accounting principles and practices. These need not be the same as those employed by the college. A college shall require that an annual report stating major activities, officers, and employees of the foundation is on file with the college and is available to the general public and other interested parties upon request. Since the basic purpose of a foundation is the enhancement of the college, a foundation may engage in any activity considered legitimate to a private corporation which does not conflict with law, its articles of incorporation, any applicable donor instructions, or the mission of the college. The board of trustees and the college shall monitor their relationship with an affiliated foundation to ensure compliance with the limitations in this section. The board of trustees shall develop and adopt specific regulations which deal with the relationship between the board, the college, and the foundation. In addition, these regulations shall be further supported by written agreements which are necessary to clearly delineate the structure of the relationship as well as stress the separate identities of college and foundation. These regulations and agreements shall deal with procedures for acceptance of contributions from the foundation, the use and reimbursement by the foundation of the college's facilities, resources and personnel, and the dual or supplemental employment of the college's employees by the foundation. The board of trustees shall ensure that all additional costs incurred by a college as a result of providing a service, resources, or a facility to the foundation are properly reimbursed by the foundation. To avoid possible confusion or misrepresentation to the general public, the board of trustees and the college shall ensure that all correspondence, solicitations, activities, and advertisements concerning the foundation are readily identified as being from the foundation. The board of trustees shall ensure that the college does not use foundation funds for the purpose of circumventing State policies or regulations by engaging in activities or making expenditures which have been denied the college for other than purely financial reasons. In addition to the provisions of §§C—K of this regulation, the board of trustees and the college may adopt any other regulations, policies, or guidelines necessary to guarantee the foundation's responsiveness to the college's mission and needs. A copy of the regulations adopted by each board of trustees, any changes to the regulations, and a listing of all associated foundations shall be supplied to the Commission upon request. There is an Optional Retirement Program established for the colleges. The Commission staff shall determine the eligibility of a college employee following the filing of a certification of professional position signed by the college president. A certification of professional position shall attest that the position: 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. A college president or any employee may request an exception to the above eligibility criteria and shall provide relevant information necessary to determine whether the exception shall be granted in the particular case. Decisions on eligibility made by the Commission staff in accordance with this policy may be appealed to the Commission. In this regulation, “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. A board of trustees of a college may, subject to a written policy adopted by the board of trustees, waive the out-of-county fee or out-of-region fee, as determined in Education Article, §16-310(b)(1), Annotated Code of Maryland, for a student who attends the college and: Is not a resident of the county; and Is a victim of human trafficking. A board of trustees that grants waivers under this regulation shall ensure that: 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: Certified law enforcement, court, or other federal or State agency records or files; Documentation from a human trafficking prevention or assistance program; or Documentation from a religious, medical, or other professional from whom the applicant has sought assistance or treatment as a victim of human trafficking; and 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. A college that admits an individual who qualifies for a waiver of the out-of-county fee or out-of-region fee under this regulation shall: 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. Education Article, Titles 11, 15 and 16, Annotated Code of Maryland Effective date: January 26, 1998 (25:2 Md. R. 77) Regulation .01A amended effective August 22, 2022 (49:17 Md. 790) Regulation .03C amended effective April 15, 2002 (29:7 Md. R. 621) Regulation .03E amended effective June 23, 2003 (30:12 Md. R. 791) Regulation .03F amended effective August 21, 2023 (50:16 Md. R. 727) Regulation .07 adopted effective April 24, 2017 (44:8 Md. R. 405)