EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0912* SENATE BILL 912 F2 2lr3081 CF HB 734 By: Senator Pinsky Introduced and read first time: February 11, 2022 Assigned to: Rules Re–referred to: Education, Health, and Environmental Affairs, February 21, 2022 Committee Report: Favorable with amendments Senate action: Adopted Read second time: March 16, 2022 CHAPTER ______ AN ACT concerning 1 Higher Education – Student Financial Assistance – Alterations and 2 Appropriation 3 (Maryland Student Investment Act) 4 FOR the purpose of requiring the Maryland Higher Education Commission to focus on 5 certain individuals in the near completer communication campaign for certain 6 academic years; requiring the Maryland Higher Education Commission to use a 7 certain annual family income determination when awarding a Guaranteed Access 8 Grant; authorizing the Next Generation Scholars of Maryland Program to continue 9 providing certain services to students when they attend an institution of higher 10 education; altering the maximum award amount for an Educational Assistance 11 Grant; providing that a recipient of a Guaranteed Access Grant who becomes 12 ineligible because of a change in family income shall remain eligible for the full 13 award term applicable to the recipient with a reduced award amount calculated by 14 the Commission; requiring the Governor to include in the annual budget bill a 15 certain appropriation for Delegate Howard P. Rawlings Educational Excellence 16 Awards; if a certain condition is met; authorizing a private career school to award 17 scholarships under the Edward T. and Mary A. Conroy Memorial Scholarship 18 Program and the Jean B. Cryor Memorial Scholarship Program; altering the 19 eligibility requirements for the Veterans of the Afghanistan and Iraq Conflicts 20 Scholarship to include stepchildren of certain individuals; requiring the Governor to 21 include in the annual budget bill certain appropriations to the Maryland Higher 22 Education Outreach and College Access Program, the Delegate Howard P. Rawlings 23 Educational Excellence Awards, and the Edward T. Conroy and Jean B. Cryor 24 2 SENATE BILL 912 Scholarship Fund; altering the qualifications for the 2+2 Transfer Scholarship 1 Program; and generally relating to student financial assistance programs. 2 BY repealing and reenacting, without amendments, 3 Article – Education 4 Section 11–209(a), 11–1101(c), 18–303(a)(3), (b)(6), (c)(1) and (2)(v), and (e), and 5 18–303.1(a), (c), and (e), 18–601(a), (b), (c), and (f), 18–604(a) and (b), and 6 18–2102 7 Annotated Code of Maryland 8 (2018 Replacement Volume and 2021 Supplement) 9 BY repealing and reenacting, with amendments, 10 Article – Education 11 Section 11–209(b), 11–1107, 18–303(d), 18–303.1(d), 18–304(c) 18–304(c)(3)(ii) and 12 (iii), 18–601(d)(1), 18–604(c), 18–2106, and 18–2503(10) 13 Annotated Code of Maryland 14 (2018 Replacement Volume and 2021 Supplement) 15 BY adding to 16 Article – Education 17 Section 18–304(d) 18–304(c)(3)(iv) and (d) and 18–601(i) 18 Annotated Code of Maryland 19 (2018 Replacement Volume and 2021 Supplement) 20 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 That the Laws of Maryland read as follows: 22 Article – Education 23 11–209. 24 (a) In this section, “near completer” means an individual who has completed some 25 college credits but does not have a college degree and is no longer attending an institution 26 of higher education. 27 (b) (1) (i) The Commission, in collaboration with institutions of higher 28 education, shall create a statewide communication campaign to identify near completers in 29 the State and to encourage near completers to re–enroll in an institution of higher 30 education to earn a degree. 31 (ii) For each of fiscal years 2020 through 2024, the Governor shall 32 include in the State budget $125,000 to the Commission to fund a statewide communication 33 campaign. 34 (2) The communication campaign shall: 35 SENATE BILL 912 3 (i) Make use of a variety of marketing media, including billboards, 1 brochures, and electronic resources; 2 (ii) Provide a centralized contact point for near completers to get 3 information about and assistance with re–enrolling; 4 (iii) Make readily available contact information for each public 5 institution of higher education in the State; [and] 6 (iv) Focus on near completers who: 7 1. Earned a minimum grade point average of 2.0 on a scale 8 of 4.0 while in college; and 9 2. A. Earned at least 45 credit hours if the individual 10 attended a community college; or 11 B. Earned at least 90 credit hours if the individual attended 12 a senior higher education institution; AND 13 (V) FOR THE 2022–2023 AND 2023–2024 ACADEMIC YEARS , 14 FOCUS ON NEAR COMPLE TERS WHO ARE NO LONG ER ATTENDING AN INST ITUTION 15 OF HIGHER EDUCATION BECAUSE OF PERSONAL OR FINANCIAL REASONS RELATED 16 TO THE COVID–19 PANDEMIC. 17 11–1101. 18 (c) “Program” means the Maryland Higher Education Outreach and College 19 Access Program. 20 11–1107. 21 (A) For fiscal year 2023 [and each fiscal year thereafter], the Governor shall 22 include in the annual budget bill an appropriation of $200,000 for the Program. 23 (B) FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR THEREAFTER , THE 24 GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 25 $500,000 FOR THE PROGRAM. 26 18–303. 27 (a) Subject to subsection (e) of this section, each recipient of a Delegate Howard 28 P. Rawlings Educational Excellence Award shall: 29 (3) Demonstrate a definite financial need to: 30 4 SENATE BILL 912 (i) For an Educational Assistance Grant, the Office; or 1 (ii) For a Guaranteed Access Grant, the Office or an institution of 2 higher education that complies with § 18–303.3 of this subtitle; and 3 (b) Except as provided in subsection (c) of this section, each recipient of a 4 Guaranteed Access Grant shall: 5 (6) Subject to subsection (d) of this section, have an annual family income 6 below a poverty index determined by the Commission; and 7 (c) (1) Subject to paragraph (2) of this subsection, an individual who has 8 successfully obtained a high school diploma by examination under § 11–808 of the Labor 9 and Employment Article is exempt from the requirements of subsection (b) of this section. 10 (2) An individual described under paragraph (1) of this subsection is 11 eligible for a Guaranteed Access Grant if the individual: 12 (v) Subject to subsection (d) of this section, has an annual family 13 income below a poverty index determined by the Commission. 14 (d) (1) To determine the annual family income eligibility of an applicant for a 15 Guaranteed Access Grant, the Office or an institution of higher education that complies 16 with § 18–303.3 of this subtitle may not consider an amount received by the applicant as 17 an earned income credit under § 32 of the Internal Revenue Code. 18 (2) WHEN AWARDING A GUARANTEED ACCESS GRANT TO A STUDENT 19 WHO PREQUALIFIED FOR THE AWARD UNDER SUBS ECTION (E)(1) OR (2) OF THIS 20 SECTION, THE COMMISSION SHALL USE THE ANNUAL FAMILY IN COME 21 DETERMINATION USED W HEN THE STUDENT PREQ UALIFIED UNDER SUBSECTION 22 (E)(1) OF THIS SECTION. 23 (e) (1) Except as provided in paragraph (2) of this subsection, a student in 24 grade 7 or grade 8 who applies and qualifies for a Guaranteed Access Grant on the basis of 25 financial need as established by the Commission shall prequalify for a Guaranteed Access 26 Grant to be used at the time of enrollment in an institution of higher education by agreeing 27 in writing, as a secondary and undergraduate student, to: 28 (i) Satisfy the attendance policy of the applicable school; 29 (ii) Refrain from substance abuse; 30 (iii) Provide information required by the Commission or the State 31 Board of Education; 32 SENATE BILL 912 5 (iv) Apply for admission to an institution of higher education during 1 the student’s senior year of high school; 2 (v) Complete and file on a timely basis applications for federal 3 student aid for each year that the student plans to enroll in postsecondary education; 4 (vi) Participate in the Next Generation Scholars of Maryland 5 Program established in § 18–303.1 of this subtitle until the student graduates from high 6 school and matriculates at an institution of higher education; 7 (vii) Maintain a cumulative grade point average of at least 2.5 on a 8 4.0 scale or its equivalent; and 9 (viii) Satisfy any other program requirements set by the Office, the 10 Commission, the State Board of Education, or the State Department of Education. 11 (2) A student in grade 9 or grade 10 shall prequalify for a Guaranteed 12 Access Grant to be used at the time of enrollment in an institution of higher education if 13 the student: 14 (i) Otherwise meets the conditions of paragraph (1) of this 15 subsection; and 16 (ii) 1. Is eligible for free or reduced priced meals; or 17 2. Attends a school that participates in the U.S. Department 18 of Agriculture Community Eligibility Provision and the student is identified by: 19 A. Direct certification; or 20 B. Income information provided by the family of the student 21 to the local school system on an alternative form developed by the Department. 22 18–303.1. 23 (a) (1) In this section the following words have the meanings indicated. 24 (2) “Fund” means the Next Generation Scholars of Maryland Program 25 Fund. 26 (3) “Program” means the Next Generation Scholars of Maryland Program. 27 (c) The Program shall provide guidance and services to students who qualify for 28 a Guaranteed Access Grant in accordance with § 18–303(e) of this subtitle to assist the 29 students in successfully: 30 (1) Completing a college preparatory curriculum; 31 6 SENATE BILL 912 (2) Graduating from high school; 1 (3) Matriculating at an institution of higher education as defined in § 2 18–303 of this subtitle; and 3 (4) Making timely progress to complete a degree program. 4 (d) (1) The Department shall: 5 [(1)] (I) Publicize the Program through community outreach and 6 marketing materials; 7 [(2)] (II) Award grants to nonprofit organizations to administer the 8 Program; 9 [(3)] (III) Solicit applications from nonprofit organizations to administer 10 the Program in local school systems; and 11 [(4)] (IV) Give priority to applications: 12 [(i)] 1. From Maryland–based nonprofit organizations; and 13 [(ii)] 2. That include business and institution of higher education 14 partners. 15 (2) THE PROGRAM MAY CONTINUE TO PROVIDE SERVICES TO 16 STUDENTS WHEN THEY A TTEND AN INSTITUTION OF HIGHER EDUCATION . 17 (e) In accordance with subsection (c) of this section, the services to be provided to 18 students participating in the Program shall include: 19 (1) A high school graduation plan; 20 (2) Summer work or internship opportunities; 21 (3) Financial aid literacy assistance; 22 (4) Career interest assessments; 23 (5) Mentorship and one–on–one counseling; 24 (6) Visits to college campuses and workplaces; 25 (7) An intensive summer bridge or matriculation assistance program for 26 students entering an institution of higher education directly from high school; and 27 SENATE BILL 912 7 (8) A plan to matriculate and graduate from an institution of higher 1 education. 2 18–304. 3 (c) (1) Except as provided in paragraphs (2) and (3) of this subsection, a 4 Delegate Howard P. Rawlings Educational Excellence Award may be awarded in $100 5 increments. 6 (2) (i) The amount of an Educational Assistance Grant made to a 7 student in the student’s first 2 academic years of enrollment may not be less than $400 or 8 more than [$3,000] $7,000. 9 (ii) Beginning in the third academic year of enrollment and for each 10 academic year thereafter: 11 1. If the student successfully completed at least 30 credits in 12 the prior academic year, the amount of an Educational Assistance Grant made to a student 13 may not be less than $400 or more than [$3,000] $7,000; or 14 2. If the student successfully completed at least 24 but less 15 than 30 credits in the prior academic year, the award amount shall be equal to the amount 16 the student would have otherwise received multiplied by the ratio of the number of credits 17 successfully completed divided by 30. 18 (3) (i) All applicants who fulfill the requirements established in § 19 18–303(a) and (b) of this subtitle shall receive a Guaranteed Access Grant. 20 (c) (3) (ii) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (IV) OF 21 THIS PARAGRAPH , THE amount of a Guaranteed Access Grant made to a student in the 22 student’s first 2 academic years of enrollment shall be equal to 100 percent of the student’s 23 financial need as determined by the Office, not to exceed the equivalent annual expenses 24 of a full–time resident undergraduate at the 4–year public institution of higher education 25 within the University System of Maryland, other than the University of Maryland Global 26 Campus and University of Maryland, Baltimore Campus, with the highest annual expenses 27 for a full–time resident undergraduate. 28 (iii) [Beginning] EXCEPT AS PROVIDED IN SUBPARAGRAPH (IV) 29 OF THIS PARAGRAPH , BEGINNING in the third academic year of enrollment and for each 30 academic year thereafter: 31 1. If the student successfully completed at least 30 credits in 32 the prior academic year, the award amount shall be equal to 100 percent of the student’s 33 financial need as determined by the Office, not to exceed the equivalent annual expenses 34 of a full–time resident undergraduate at the 4–year public institution of higher education 35 8 SENATE BILL 912 within the University System of Maryland, other than the University of Maryland Global 1 Campus and University of Maryland, Baltimore Campus, with the highest annual expenses 2 for a full–time resident undergraduate; or 3 2. If the student successfully completed at least 24 but less 4 than 30 credits in the prior academic year, the award amount shall be equal to 100 percent 5 multiplied by the ratio of the number of credits successfully completed divided by 30. 6 (IV) IF A REC IPIENT OF A GUARANTEED ACCESS GRANT 7 BECOMES INELIGIBLE B ECAUSE OF A CHANGE I N FAMILY INCOME , THE RECIPIENT 8 SHALL REMAIN ELIGIBL E FOR THE FULL AWARD FOR THE FULL A WARD TERM 9 APPLICABLE TO THE RE CIPIENT UNDER THIS S UBTITLE, BUT THE COMMISSION 10 SHALL REDUCE THE AWARD BASED ON A SLI DING SCALE DEVELOPED BY THE 11 COMMISSION IF THE RECIPIENT REM AINS ELIGIBLE TO REC EIVE A FEDERAL PELL 12 GRANT. 13 (D) BEGINNING IN FISCAL Y EAR 2024 AND EACH FISCAL YEAR THEREAFTER , 14 THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION 15 OF $75,000,000 AT LEAST $112,000,000 FOR DELEGATE HOWARD P. RAWLINGS 16 EDUCATIONAL EXCELLENCE AWARDS MADE UNDER THI S SUBTITLE. 17 18–601. 18 (a) (1) In this section the following words have the meanings indicated. 19 (2) “Disabled public safety employee” means a State or local public safety 20 employee who sustains an injury in the line of duty that: 21 (i) Precludes the individual from continuing to serve or be employed 22 as a State or local public safety employee; and 23 (ii) In the case of a volunteer member of a fire department or 24 ambulance or rescue company or squad, precludes the member from continuing to be 25 employed in the nonpublic safety occupation in which the member is engaged at the time 26 of the injury. 27 (3) “Fund” means the Edward T. Conroy and Jean B. Cryor Scholarship 28 Fund. 29 (4) “School employee” includes an employee of a public or nonpublic school 30 in the State. 31 (5) “State or local public safety employee” means a person who is employed 32 in the State as: 33 (i) A career or volunteer member of a: 34 SENATE BILL 912 9 1. Fire department; 1 2. Ambulance company or squad; or 2 3. Rescue company or squad; 3 (ii) A law enforcement officer; 4 (iii) A correctional officer; or 5 (iv) A member of the Maryland National Guard who was a resident 6 of this State at the time of death. 7 (6) “Surviving spouse” means a person who has not remarried. 8 (7) “Victim of the September 11, 2001, terrorist attacks” means a Maryland 9 resident who was killed as a result of the attacks on the World Trade Center in New York 10 City, the attack on the Pentagon in Virginia, or the crash of United Airlines Flight 93 in 11 Pennsylvania. 12 (b) There is a program of scholarships that are awarded by eligible postsecondary 13 institutions under this section. 14 (c) (1) The program for military and public safety personnel and their eligible 15 dependents is the Edward T. and Mary A. Conroy Memorial Scholarship Program. 16 (2) The program for eligible dependents of public and nonpublic school 17 employees is the Jean B. Cryor Memorial Scholarship Program. 18 (d) (1) A person may apply to an eligible postsecondary institution for a 19 scholarship under this section if the person: 20 (i) 1. Is accepted for admission or enrolled in the regular 21 undergraduate, graduate or professional program at an eligible institution; [or] 22 2. Is enrolled in a 2–year terminal certificate program in 23 which the course work is acceptable for transfer credit for an accredited baccalaureate 24 program in an eligible institution; OR 25 3. IS ENROLLED IN A PRIV ATE CAREER SCHOOL ; 26 (ii) Is at least 16 years old; and 27 (iii) Meets the other eligibility criteria specified in this section. 28 10 SENATE BILL 912 (f) (1) Each postsecondary institution shall determine the eligibility of 1 persons who apply to the institution for the Edward T. Conroy Memorial Scholarship 2 Program and the Jean B. Cryor Memorial Scholarship Program. 3 (2) Funds for the Edward T. Conroy Memorial Scholarship Program and 4 the Jean B. Cryor Memorial Scholarship Program shall be allocated by the Commission to 5 each postsecondary institution based on the number of eligible recipients attending each 6 institution. 7 (3) In October and February of each year, each postsecondary institution 8 shall report to the Commission the number of eligible recipients attending the institution. 9 (4) The Commission shall allocate funds for awards to postsecondary 10 institutions upon verification of eligible recipients attending the institutions. 11 (5) If funds cannot be allocated in the fiscal year in which awards are made, 12 priority shall be given to allocating funds for those awards in the following fiscal year. 13 (I) FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR THEREAFTER , THE 14 GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDGET BILL AN APPROPRIATIO N OF 15 AT LEAST $4,000,000 TO THE FUND. 16 18–604. 17 (a) For purposes of this section, an individual served in the Afghanistan or Iraq 18 conflict if the individual was a member of the uniformed services of the United States who 19 served in: 20 (1) Afghanistan or contiguous air space, as defined in federal regulations, 21 on or after October 24, 2001, and before a terminal date to be prescribed by the United 22 States Secretary of Defense; or 23 (2) Iraq or contiguous waters or air space, as defined in federal regulations, 24 on or after March 19, 2003, and before a terminal date to be prescribed by the United States 25 Secretary of Defense. 26 (b) There is a Veterans of the Afghanistan and Iraq Conflicts Scholarship. 27 (c) An individual may apply to the Office for a scholarship under this section if 28 the individual: 29 (1) Is a resident of Maryland; 30 (2) (i) Is accepted for admission or enrolled in the regular 31 undergraduate program at an eligible institution; or 32 SENATE BILL 912 11 (ii) Is accepted for admission or enrolled in a 2–year terminal 1 certificate program in which the course work is acceptable for transfer credit for an 2 accredited baccalaureate program in an eligible institution; and 3 (3) (i) 1. Is a veteran, as defined under § 9–901 of the State 4 Government Article, who served in the Afghanistan or Iraq conflict; 5 2. Is an active duty member of the armed forces who served 6 in the Afghanistan or Iraq conflict; or 7 3. Is a member of a reserve component of the armed forces of 8 the United States or the Maryland National Guard who was activated as a result of the 9 Afghanistan or Iraq conflict described in subsection (a) of this section; or 10 (ii) Is a son, daughter, STEPSON, STEPDAUGHTER , or spouse of: 11 1. A veteran or active duty member of the armed forces who 12 is serving or has served in the Afghanistan or Iraq conflict; or 13 2. A member of the reserve or Maryland National Guard who 14 was activated as a result of the Afghanistan or Iraq conflict described in subsection (a) of 15 this section. 16 18–2102. 17 There is a James Proctor Scholarship Program in the State. 18 18–2106. 19 (a) The Governor [may] SHALL include in the [State] ANNUAL budget BILL an 20 appropriation OF AT LEAST $400,000 [for scholarships under] TO the Program FOR 21 SCHOLARSHIP AWARDS. 22 (b) These funds appropriated under subsection (a) of this section shall be divided 23 and distributed equally to each HBCU. 24 18–2503. 25 To qualify for a 2+2 Transfer Scholarship, an applicant shall: 26 (10) Have demonstrated financial need, defined [as a federally calculated 27 expected family contribution (EFC) of $10,000 or less as reported on the student’s FAFSA] 28 BY THE COMMISSION; and 29 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30 1, 2022. 31