EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1244*
HOUSE BILL 1244
F2 4lr2145
CF SB 1022
By: Delegates Smith, Addison, Amprey, Attar, Bagnall, Boafo, Davis, Edelson,
Harris, Henson, R. Lewis, Queen, Rogers, Ruff, Taylor, Toles, Wilkins, and
Williams
Introduced and read first time: February 8, 2024
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Maryland Higher Education Commission – Academic Program Approval and 2
Institutional Mission Statements – Requirements 3
FOR the purpose of requiring the Maryland Department of Labor, the Department of 4
Commerce, and the Maryland Higher Education Commission to each have a certain 5
staff member who performs certain duties related to defining, identifying, and 6
compiling data regarding the workforce needs in the State and who works 7
collaboratively across certain agencies; altering certain requirements for the State 8
Plan of Higher Education; requiring the Commission to establish a Program Review 9
Process Advisory Council; altering certain requirements regarding the Commission’s 10
academic program approval process; requiring the Commission to develop and 11
publish on its website on or before a certain date an administrative procedures guide 12
for the Commission’s program review process; requiring the Commission to conduct 13
a review of certain approved programs that were subject to an objection of a 14
historically Black college or university; requiring certain institutions of higher 15
education to submit to the Commission a certain letter of intent regarding intended 16
new graduate programs; establishing the Proposed Programs Collaborative Grant 17
Fund to award grants to certain public institutions of higher education that 18
collaborate to establish and implement new academic graduate programs; 19
authorizing the Commission to develop a program review process for certain online 20
programs in a certain manner; altering requirements for the Commission’s review 21
and approval of the mission statements of public institutions of higher education; 22
requiring the Commission, in collaboration with institutions of higher education, to 23
evaluate the process for reviewing academic program proposals for a certain purpose 24
and to review the standard for triggering a review of a substantial modification to 25
an existing academic program; requiring the Commission to update the State Plan 26
for Higher Education on or before a certain date; and generally relating to academic 27
program approval, institutional mission statements, and the Maryland Higher 28
Education Commission. 29 2 HOUSE BILL 1244
BY renumbering 1
Article – Education 2
Section 11–206.2, 11–206.3, and 11–206.4 3
to be Section 11–206.5, 11–206.6, and 11–206.7, respectively 4
Annotated Code of Maryland 5
(2022 Replacement Volume and 2023 Supplement) 6
BY repealing and reenacting, without amendments, 7
Article – Business Regulation 8
Section 1–101(a) and (f) 9
Annotated Code of Maryland 10
(2015 Replacement Volume and 2023 Supplement) 11
BY adding to 12
Article – Business Regulation 13
Section 2–103.2 14
Annotated Code of Maryland 15
(2015 Replacement Volume and 2023 Supplement) 16
BY repealing and reenacting, without amendments, 17
Article – Economic Development 18
Section 1–101(a) and (c) 19
Annotated Code of Maryland 20
(2018 Replacement Volume and 2023 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Economic Development 23
Section 2.5–106(17) and (18) 24
Annotated Code of Maryland 25
(2018 Replacement Volume and 2023 Supplement) 26
BY adding to 27
Article – Economic Development 28
Section 2.5–106(19) 29
Annotated Code of Maryland 30
(2018 Replacement Volume and 2023 Supplement) 31
BY repealing and reenacting, with amendments, 32
Article – Education 33
Section 11–104, 11–105(b)(2) and (3), 11–106, 11–206, 11–206.1, and 11–302 34
Annotated Code of Maryland 35
(2022 Replacement Volume and 2023 Supplement) 36
BY adding to 37
Article – Education 38
Section 11–206.2, 11–206.3, and 11–206.4 39 HOUSE BILL 1244 3
Annotated Code of Maryland 1
(2022 Replacement Volume and 2023 Supplement) 2
BY repealing and reenacting, without amendments, 3
Article – State Finance and Procurement 4
Section 6–226(a)(2)(i) 5
Annotated Code of Maryland 6
(2021 Replacement Volume and 2023 Supplement) 7
BY repealing and reenacting, with amendments, 8
Article – State Finance and Procurement 9
Section 6–226(a)(2)(ii)189. and 190. 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2023 Supplement) 12
BY adding to 13
Article – State Finance and Procurement 14
Section 6–226(a)(2)(ii)191. 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2023 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That Section(s) 11–206.2, 11–206.3, and 11–206.4 of Article – Education of the Annotated 19
Code of Maryland be renumbered to be Section(s) 11–206.5, 11–206.6, and 11–206.7, 20
respectively. 21
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 22
as follows: 23
Article – Business Regulation 24
1–101. 25
(a) In this article the following words have the meanings indicated. 26
(f) “Department” means the Maryland Department of Labor. 27
2–103.2. 28
THE DEPARTMENT SHALL HAVE AT LEAST ONE FULL–TIME STAFF MEMBER 29
WHO IS RESPONSIBLE FOR : 30
(1) DEFINING, IDENTIFYING, AND COMPIL ING DATA ON STATE AND 31
REGIONAL WORKFORCE N EEDS; AND 32
4 HOUSE BILL 1244
(2) WORKING COLLABORATIVELY WITH THE DEPARTMENT OF 1
COMMERCE AND THE MARYLAND HIGHER EDUCATION COMMISSION TO PRODUCE 2
UNIFORM AND CONSISTE NT BASELINE DATA, INCLUDING COMMON SOU RCES AND 3
MEASUREMENTS , ABOUT WORKFORCE NEED S TO INFORM STATE POLICIES 4
RELATING TO POSTSECONDARY EDUCAT ION. 5
Article – Economic Development 6
1–101. 7
(a) In this division the following words have the meanings indicated. 8
(c) “Department” means the Department of Commerce. 9
2.5–106. 10
The Department shall: 11
(17) facilitate regular meetings among its regional experts, financial 12
incentive team, and tourism development team to determine the success in meeting overall 13
economic development strategic goals and in addressing the economic development needs 14
of each region; [and] 15
(18) work with community colleges to enhance the role of community 16
colleges in providing workforce training services, including industry–specific education and 17
training in response to the needs of the State; AND 18
(19) HAVE AT LEAST ONE FU LL–TIME STAFF MEMBER WH O IS 19
RESPONSIBLE FOR : 20
(I) DEFINING, IDENTIFYING, AND COMPILING DATA O N STATE 21
AND REGIONAL WORKFOR CE NEEDS; AND 22
(II) WORKING COLLABORATIV ELY WITH THE MARYLAND 23
DEPARTMENT OF LABOR AND THE MARYLAND HIGHER EDUCATION COMMISSION 24
TO PRODUCE UNIFORM A ND CONSIST ENT BASELINE DATA, INCLUDING COMMON 25
SOURCES AND MEASUREM ENTS, ABOUT WORKFORCE NEED S TO INFORM STATE 26
POLICIES RELATING TO POSTSECONDARY EDUCAT ION. 27
Article – Education 28
11–104. 29
(a) The Governor shall appoint, with the advice and consent of the Senate, a 30
Secretary of Higher Education. 31 HOUSE BILL 1244 5
(b) (1) The Secretary shall: 1
(i) Select, organize, and direct the staff of the Commission; 2
(ii) Perform the duties the Commission assigns; 3
(iii) See that the policies and decisions of the Commission are carried 4
out; 5
(iv) Serve at the pleasure of the Governor; and 6
(v) Be a member of the Governor’s Executive Council. 7
(2) (i) After consideration of the recommendations of the Commission, 8
the Governor shall include in the annual budget request the salary for the Secretary. 9
(ii) The Secretary is entitled to the salary provided in the State 10
budget. 11
(c) (1) The Secretary may hire the additional staff provided in the State 12
budget. 13
(2) THE SECRETARY SHALL HAVE AT LEAST ONE FULL –TIME STAFF 14
MEMBER WHO IS RESPONSIBLE FOR : 15
(I) DEFINING, IDENTIFYING, AND COMPILING DATA O N STATE 16
AND REGIONAL WORKFOR CE NEEDS; AND 17
(II) WORKING COLLABORATIVE LY WITH THE DEPARTMENT OF 18
COMMERCE AND THE MARYLAND DEPARTMENT OF LABOR TO PRODUCE UNIF ORM 19
AND CONSISTENT BASEL INE DATA, INCLUDING COMMON SOU RCES AND 20
MEASUREMENTS , ABOUT WORKFORCE NEED S TO INFORM STATE POLICIES 21
RELATING TO POSTSECO NDARY EDUCATION . 22
(d) (1) Each employee of the Commission shall join the Teachers’ Pension 23
System of the State of Maryland or the Employees’ Pension System of the State of 24
Maryland. 25
(2) Any employee of the Commission who is determined by the Secretary 26
to hold a professional position may join the optional retirement program under Title 30 of 27
the State Personnel and Pensions Article. 28
11–105. 29
6 HOUSE BILL 1244
(b) (2) (i) In consultation with the governing boards and agencies 1
concerned with postsecondary education in the State, the Commission shall develop and 2
periodically update an overall plan consistent with the Charter, known as the State Plan 3
for Higher Education, that shall identify: 4
1. The present and future needs for postsecondary education 5
and research throughout the State, INCLUDING CURRENT AN D EMERGING STATE AND 6
REGIONAL WORKFORCE N EEDS IN ACCORDANCE W ITH SUBPARAGRAPH (IV) OF THIS 7
PARAGRAPH ; 8
2. The present and future capabilities of the different 9
institutions and segments of postsecondary education in the State, INCLUDING ANY 10
SPECIFIC ACADEMIC PROGRAMS PARTICULAR INSTITUTI ONS COULD DEVELOP TO 11
FULFILL OR SUPPORT IDENTIFIED WORKFORCE NEEDS ; and 12
3. The long–range and short–range objectives and priorities 13
for postsecondary education and methods and guidelines for achieving and maintaining 14
them. 15
(ii) The Commission shall ensure that the State Plan for Higher 16
Education complies with the State’s equal educational opportunity obligations under State 17
and federal law, including Title VI of the Civil Rights Act. 18
(iii) In developing the State Plan for Higher Education, the 19
Commission shall incorporate the goals and priorities for higher education identified in this 20
Division III and, for the University System of Maryland, including those identified in §§ 21
10–209 and 12–106 of this article. 22
(IV) IN IDENTIFYING STATE AND REGIONAL WORKFORCE NEEDS 23
FOR THE STATE PLAN FOR HIGHER EDUCATION, THE COMMISSION SHALL: 24
1. USE THE UNIFORM AND C ONSISTENT BASELINE DATA, 25
INCLUDING COMMON SOURCES AND MEASUREMENTS , ABOUT WORKFORCE NEED S 26
DEVELOPED IN COLLABO RATION WITH THE DEPARTMENT OF COMMERCE AND THE 27
MARYLAND DEPARTMENT OF LABOR; 28
2. CONSULT, AS NECESSARY, WITH OTHER STATE 29
AGENCIES WITH UNIQUE EXPERTISE IN SPECIFI C WORKFORCE SEGMENTS , 30
INCLUDING THE MARYLAND LONGITUDINAL DATA SYSTEM CENTER, 31
OCCUPATIONAL LICENSI NG BOARDS, AND NATIONAL ORGANIZ ATIONS; 32
3. USE DATA FROM RESOURC ES AND LITERATURE 33
RELATING TO SPECIFIC OCCUPATIONS ; AND 34
HOUSE BILL 1244 7
4. PROVIDE ALL INSTITUTI ONS OF HIGHER EDUCAT ION 1
IN THE STATE WITH ACCESS TO THIS BASELINE DATA . 2
(V) THE COMMISSION SHALL UPDA TE THE WORKFORCE NEE DS 3
IDENTIFIED IN THE MOST RECENT V ERSION OF THE STATE PLAN FOR HIGHER 4
EDUCATION EACH YEAR AS AN APPENDIX TO THE PLAN AND POST THE UPDATE ON 5
THE COMMISSION’S WEBSITE. 6
(3) (i) The Commission shall submit to the Governor and, subject to § 7
2–1257 of the State Government Article, to the General Assembly a quadrennial review of 8
the plan by July 1, 2009, and by July 1 of each fourth year thereafter. 9
(ii) The quadrennial review shall include a report on the status and 10
needs of postsecondary education in the State. 11
(III) BEGINNING WITH THE QU ADRENNIAL REVIEW OF THE 12
STATE PLAN FOR HIGHER EDUCATION DUE BY JULY 1, 2026, THE COMMISSION 13
SHALL SUBMIT THE PRO POSED PLAN TO THE LEGISLATIVE POLICY COMMITTEE FOR 14
REVIEW AND COMMENT B EFORE ADOPTION BY TH E COMMISSION. 15
11–106. 16
(a) (1) The Commission shall establish: 17
(i) A Faculty Advisory Council; 18
(ii) A Student Advisory Council; 19
(iii) A Segmental Advisory Council; 20
(iv) A Financial Assistance Advisory Council; 21
(v) A Maryland Digital Library Advisory Council; [and] 22
(vi) A Private Career School Advisory Council; AND 23
(VII) A PROGRAM REVIEW PROCESS ADVISORY COUNCIL. 24
(2) These Councils shall meet periodically for the purpose of reviewing such 25
matters as are referred by the Commission or the Secretary for their consideration and 26
advice. 27
(3) The Councils may make reports and recommendations to the 28
Commission. 29
8 HOUSE BILL 1244
(b) (1) The Commission may appoint continuing advisory committees that 1
represent various groups in the higher education community. 2
(2) Advisory committees may make recommendations to the Commission 3
on matters of statewide importance that affect their constituencies. 4
11–206. 5
(a) This section does not apply to: 6
(1) New programs proposed to be implemented by public and private 7
nonprofit institutions of higher education using existing program resources in accordance 8
with § 11–206.1 of this subtitle; 9
(2) Programs offered by institutions of higher education that operate in the 10
State without a certificate of approval in accordance with § 11–202.1(b) of this subtitle; and 11
(3) The Cyber Warrior Diversity Program established under Subtitle 14 of 12
this title. 13
(b) (1) Prior to the proposed date of implementation, the governing body of an 14
institution of postsecondary education shall submit to the Commission each proposal for: 15
(i) A new program; or 16
(ii) A substantial modification of an existing program. 17
(2) The Commission shall review each such proposal and: 18
(i) With respect to each public institution of postsecondary 19
education, either approve or disapprove the proposal; 20
(ii) Except as provided in § 16–108(c) of this article, with respect to 21
each private nonprofit or for–profit institution of higher education, either recommend that 22
the proposal be implemented or that the proposal not be implemented; and 23
(iii) With respect to a private career school, either approve or 24
disapprove the proposal. 25
(3) If the Commission fails to act within 60 days of the date of submission 26
of the completed proposal, the proposal shall be deemed approved. 27
(4) Except as provided in paragraph (3) of this subsection, a public 28
institution of postsecondary education and private career school may not implement a 29
proposal without the prior approval of the Commission. 30
HOUSE BILL 1244 9
(5) (i) Except as provided in paragraph (3) of this subsection, and 1
subject to subparagraph (ii) of this paragraph, a program that has not received a positive 2
recommendation by the Commission may be implemented by: 3
1. Subject to the provisions of § 17–105 of this article, a 4
private nonprofit institution of higher education; or 5
2. A for–profit institution of higher education. 6
(ii) If a private nonprofit or for–profit institution of higher education 7
implements a proposal despite the recommendation from the Commission that a program 8
not be implemented, the institution shall notify both prospective students of the program 9
and enrolled students in the program that the program has not been recommended for 10
implementation by the Commission. 11
(6) (i) If the Commission disapproves a proposal, the Commission shall 12
provide to the governing body that submits the proposal a written explanation of the 13
reasons for the disapproval. 14
(ii) After revising a proposal to address the Commission’s reasons for 15
disapproval, the governing body may submit the revised proposal to the Commission for 16
approval. 17
(c) (1) Prior to discontinuation, each institution of postsecondary education 18
that proposes to discontinue an existing program shall provide written notification to the 19
Commission specifying: 20
(i) The name of the program; and 21
(ii) The expected date of discontinuation. 22
(2) By rule or regulation, the Commission may require the payment by a 23
private career school of a refund to any student or enrollee who, because of the 24
discontinuation of an ongoing program, is unable to complete such program. 25
(d) The Commission shall review and make recommendations on programs in 26
private nonprofit and for–profit institutions of higher education. 27
(e) (1) In this subsection, “governing board” includes the board of trustees of a 28
community college. 29
(2) (I) The Commission shall adopt regulations establishing standards 30
for determining whether [2] TWO or more programs are unreasonably duplicative. 31
(II) THE REGULATIONS SHALL : 32
10 HOUSE BILL 1244
1. CLEARLY IDENTIFY ALL SPECIFIC CRITERIA AN D 1
FACTORS USED BY THE COMMISSION TO DETERMI NE WHETHER TWO OR MO RE 2
PROGRAMS ARE UNREASO NABLY DUPLICATIVE ; 3
2. PRIORITIZE MEETING STATE AND REGIONAL 4
WORKFORCE NEEDS AND PRESERVING EXISTING PROGRAMS THAT ARE AB LE TO 5
MEET THESE WORKFORCE NEEDS; AND 6
3. PRIORITIZE COLLABORA TION BETWEEN 7
INSTITUTIONS OF HIGH ER EDUCATION . 8
(3) The Commission may review existing programs at public institutions of 9
postsecondary education if the Commission has reason to believe that academic programs 10
are unreasonably duplicative or inconsistent with an institution’s adopted mission. 11
(4) The Commission may make a determination that an unreasonable 12
duplication of programs exists on its own initiative or after receipt of a request for 13
determination from any directly affected public institution of postsecondary education. 14
(5) (i) If the Commission makes a determination under paragraph (4) 15
of this subsection the Commission may: 16
1. Make recommendations to a governing board on the 17
continuation or modification of the programs; 18
2. Require any affected governing board to submit a plan to 19
resolve the duplication; and 20
3. Negotiate, as necessary, with any affected governing 21
board until the unreasonable duplication is eliminated. 22
(ii) Notwithstanding the provisions of subparagraph (i) of this 23
paragraph, if the Commission determines that [2] TWO or more existing programs offered 24
by institutions under the governance of different governing boards are unreasonably 25
duplicative, the governing boards of the institutions of postsecondary education at which 26
the programs are offered shall have 180 days from the date of the Commission’s 27
determination to formulate and present to the Commission a joint plan to eliminate the 28
duplication. 29
(iii) If in the Commission’s judgment the plan satisfactorily 30
eliminates the duplication, the governing board of the affected institutions shall be so 31
notified and shall take appropriate steps to implement the plan. 32
(iv) If in the Commission’s judgment the plan does not satisfactorily 33
eliminate the duplication, or if no plan is jointly submitted within the time period specified 34
in paragraph (6) of this subsection, the governing board of the affected institutions shall be 35 HOUSE BILL 1244 11
so notified. The Commission may then seek to eliminate the duplication by revoking the 1
authority of a public institution of postsecondary education to offer the unreasonably 2
duplicative program. 3
(6) (i) Prior to imposing a sanction under paragraph (5) of this 4
subsection, the Commission shall give notice of the proposed sanction to the governing 5
board of each affected institution. 6
(ii) 1. Within 20 days of receipt of the notice, any affected 7
institution may request an opportunity to meet with the Commission and present 8
objections. 9
2. If timely requested, the Commission shall provide such 10
opportunity prior to the Commission’s decision to impose a sanction. 11
(iii) The Commission’s decision shall be final and is not subject to 12
further administrative appeal or judicial review. 13
11–206.1. 14
(a) (1) In this section the following words have the meanings indicated. 15
(2) “Private nonprofit institution of higher education” has the meaning 16
stated in § 10–101(k) of this article. 17
(3) “Public institution of higher education” means: 18
(i) A public senior higher education institution; and 19
(ii) A community college. 20
(b) (1) A president of a public institution of higher education may propose to 21
establish a new program or abolish an existing program if the action: 22
(i) Is consistent with the institution’s adopted mission statement 23
under Subtitle 3 of this title; and 24
(ii) Can be implemented within the existing program resources of 25
the institution. 26
(2) A president of a private nonprofit institution of higher education may 27
propose to establish a new program if the action: 28
(i) Is consistent with the mission statement published in the official 29
catalog of the private nonprofit institution; and 30
12 HOUSE BILL 1244
(ii) Can be implemented within the existing resources of the 1
institution. 2
(3) The president of a public institution of higher education shall report 3
any programs that are proposed to be established or abolished in accordance with 4
paragraph (1) of this subsection to: 5
(i) The institution’s governing board; and 6
(ii) The Maryland Higher Education Commission. 7
(4) The president of a private nonprofit institution of higher education 8
shall report any programs that are proposed to be established in accordance with paragraph 9
(2) of this subsection to the Commission. 10
(5) Upon receipt of a proposed new program, the Commission shall notify 11
all other institutions of higher education in the State. 12
(c) The governing board of a public institution of higher education shall: 13
(1) Review the actions taken under subsection (b) of this section; 14
(2) Ensure that any new program proposed to be established by a 15
president: 16
(i) Is consistent with the institution’s approved mission statement 17
under Subtitle 3 of this title; 18
(ii) Meets a regional or statewide need consistent with the 19
[Maryland] State Plan for [Postsecondary] HIGHER Education; 20
(iii) Meets criteria for the quality of new programs, developed in 21
consultation with the Commission; and 22
(iv) Can be implemented within the existing program resources of 23
the institution, verified by a process established in consultation with the Commission. 24
(d) The Board of Regents of the University System of Maryland shall approve the 25
proposed new program within 60 days if the program meets the criteria in subsection (c)(2) 26
of this section, subject to the provisions of subsections (e) and (f) of this section. 27
(e) (1) Within 30 days of receipt of a notice of an institution’s intent to 28
[establish] SUBMIT a new program TO THE COMMISSION in accordance with subsection 29
(b) of this section, the Commission may file, or the institutions of higher education in the 30
State may file with the Commission, an objection to implementation of a proposed 31
GRADUATE program provided the objection is based on: 32
HOUSE BILL 1244 13
[(1)] (I) Inconsistency of the proposed program with the institution’s 1
approved mission for a public institution of higher education and the mission statement 2
published in the official catalog of a private nonprofit institution of higher education; 3
[(2)] (II) Not meeting a regional or statewide need consistent with the 4
[Maryland] State Plan for [Postsecondary] HIGHER Education; 5
[(3)] (III) Unreasonable program duplication which would cause 6
demonstrable harm to another institution; or 7
[(4)] (IV) [Violation] UNNECESSARY PROGRAM DUPLICATION IN 8
VIOLATION of the State’s equal educational opportunity obligations under State and 9
federal law. 10
(2) SUBJECT T O PARAGRAPH (3) OF THIS SUBSECTION , THE 11
COMMISSION SHALL ADOPT REGULATION S ON PROCEDURES FOR CONDU CTING AN 12
ANALYSIS OF THE OBJECTIONS DESCR IBED IN PARAGRAPH (1) OF THIS SUBSECTION 13
THAT: 14
(I) CLEARLY IDENTIFY ALL OF THE SPECIFIC CRITERIA AN D 15
FACTORS USED BY THE COMMISSION; AND 16
(II) FOR AN OBJECTION UNDE R PARAGRAPH (1)(III) OF THIS 17
SUBSECTION, USE A SET OF BASELINE DATA AND COMMON SOURCES AND THAT 18
PRIORITIZE: 19
1. MEETING STATE AND REGIONAL WORKFORCE NEEDS ; 20
2. PRESERVING EXISTING PROGRAMS TH AT ARE ABLE 21
TO MEET STATE AND REGIONAL WORKFORCE NEEDS ; AND 22
3. COLLABORATION BETWEEN INSTITUTIONS OF 23
HIGHER EDUCATION . 24
(3) THE COMMISSION, JOINTLY WITH THE ATTORNEY GENERAL, 25
SHALL ADOPT REGULATI ONS FOR STANDARDS FO R CONDUCTING AN ANAL YSIS OF 26
AN OBJECTION UNDER P ARAGRAPH (1)(IV) OF THIS SUBSECTION . 27
(f) (1) If an objection is filed under subsection (e) of this section by the 28
Commission or an institution within 30 days of receipt of a notice of an institution’s intent 29
to establish a new program, the Commission shall immediately notify the institution’s 30
governing board and president. 31
(2) The Commission shall determine if an institution’s objection is justified 32
based on the criteria in subsection (e) of this section. 33 14 HOUSE BILL 1244
(3) An objection shall be accompanied by detailed information supporting 1
the reasons for the objection. 2
(4) If the Commission determines that an objection is justified, the 3
Commission shall negotiate with the institution’s governing board and president to modify 4
the proposed program in order to resolve the objection. 5
(5) If the objection cannot be resolved within 30 days of receipt of an 6
objection, the Commission shall make a final determination on approval of the new program 7
for a public institution of higher education or a final recommendation on implementation 8
for a private nonprofit institution of higher education. 9
(G) A HEARING FOR REVIEW O F THE COMMISSION’S DETERMINATION OF A N 10
INSTITUTION’S OBJECTION UNDER SUBSECTION (F) OF THIS SECTION SHAL L: 11
(1) BE CONDUCTED IN OPEN SESSION, INCLUDING DISCUSSION S AND 12
ANY FORMAL ACTION TAKEN BY THE COMMISSION; 13
(2) ALLOW EACH PARTY , INCLUDING THE SECRETARY, THE 14
PROPOSING INSTITUTIO N, AND THE OBJECTING IN STITUTION, TO HAVE NOT LESS 15
THAN 10 MINUTES TO PRESENT THEIR POS ITIONS REGARDING THE 16
DETERMINATION , WITHOUT INTERRUPTION ; AND 17
(3) REQUIRE THE APPROVAL OF A MAJORITY OF THE MEMBERS THEN 18
SERVING ON THE COMMISSION. 19
(H) (1) ON OR BEFORE JANUARY 1, 2025, THE COMMISSION SHALL 20
DEVELOP AND PUBLISH ON ITS WEBSITE AN ADMINISTRATIVE PR OCEDURE S GUIDE 21
FOR THE COMMISSION’S PROGRAM REVIEW PRO CESS DEVELOPED UNDER THIS 22
SECTION. 23
(2) THE COMMISSION SHALL UPDATE THE ADMINISTR ATIVE 24
PROCEDURES GUIDE AT LEAST ONCE EACH YEAR . 25
[(g)] (I) (1) The Commission shall: 26
(i) Identify programs established under subsection (b) of this section 27
that are inconsistent with the State Plan for Higher Education; and 28
(ii) Identify low productivity programs at public institutions of 29
higher education. 30
HOUSE BILL 1244 15
(2) If the Commission identifies any programs that meet the criteria set 1
forth in paragraph (1) of this subsection, the Commission shall notify the president of the 2
institution. 3
(3) If the Commission notifies a president of an institution under 4
paragraph (2) of this subsection, within 60 days the president of the institution shall 5
provide to the Commission in writing: 6
(i) An action plan to abolish or modify the program; or 7
(ii) Justification for the continuation of the program. 8
[(h)] (J) The Commission and the governing boards of the public institutions of 9
higher education shall jointly develop a definition and accepted criteria for determining low 10
productivity programs. 11
[(i)] (K) The Commission shall: 12
(1) Monitor the program development and review process established 13
under this section; 14
(2) Report annually to the Governor and, in accordance with § 2–1257 of 15
the State Government Article, the General Assembly on the nature and extent of any 16
duplication or proliferation of programs; and 17
(3) Make available a copy of the report under item (2) of this subsection to 18
the public institutions of higher education and the private nonprofit institutions of higher 19
education. 20
11–206.2. 21
(A) BEGINNING IN JANUARY 2025, THE COMMISSION SHALL REVI EW EACH 22
ACADEMIC PROGRAM THA T HAS BEEN APPROVED IN THE 4 IMMEDIATELY 23
PRECEDING SCHOOL YEA RS THAT WAS SUBJECT TO AN OBJECTION OF A 24
HISTORICALLY BLACK COLLEGE OR UNIVERSIT Y, AS DESCRIBED IN § 10–214 OF 25
THIS ARTICLE, TO DETERMINE WHETHER THE HISTORICALLY BLACK COLLEGE OR 26
UNIVERSITY SUFFERED DEMONSTRABLE HARM RE SULTING FROM APPROVA L OF 27
THE PROGRAM . 28
(B) ON OR BEFORE SEPTEMBER 1, 2025, AND EVERY 4 YEARS THEREAFTER , 29
THE COMMISSION SHALL REPORT ITS F INDINGS UNDER SUBSEC TION (A) OF THIS 30
SECTION, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, 31
TO THE SENATE EDUCATION, ENERGY, AND THE ENVIRONMENT COMMITTEE AND 32
THE HOUSE APPROPRIATIONS COMMITTEE. 33
16 HOUSE BILL 1244
11–206.3. 1
(A) IN THIS SECTION, “INSTITUTION” MEANS A PUBLIC SENIO R HIGHER 2
EDUCATION INSTITUTIO N. 3
(B) (1) BEGINNING JANUARY 1, 2025, THE COMMISSION SHALL REQU IRE 4
EACH INSTITUTION TO SUBMIT A LETTER OF I NTENT TO THE COMMISSION THAT 5
IDENTIFIES EACH NEW GRADUATE LEVEL PROGR AM THAT AN INSTITUTION INTENDS 6
TO PROPOSE FOR APPROVAL UNDER § 11–206 OR § 11–206.1 OF THIS SUBTITLE. 7
(2) THE COMMISSION SHALL REQU IRE EACH INSTITUTION TO SUBMIT 8
A LETTER OF INTENT E VERY 6 MONTHS. 9
(3) THE LETTER OF INTENT SHALL INCLUDE ALL NE W GRADUATE 10
PROGRAMS THE INSTITU TION INTENDS TO PROP OSE WITHIN THE 6–MONTH TO 11
2–YEAR TIME PERIOD FOL LOWING SUBMISSION OF THE LETTER OF INTENT . 12
(C) THE COMMISSION SHALL USE A LETTER OF INTE NT SUBMITTED BY AN 13
INSTITUTION UNDER TH IS SECTION: 14
(1) TO FACILITATE COLLABORA TION BETWEEN INSTITUTIONS; AND 15
(2) TO PROVIDE FEEDBACK TO AN INSTITUTION BEFORE T HE 16
INSTITUTION SUBMITS THE NEW PROG RAM TO THE COMMISSION FOR APPROV AL, 17
INCLUDING ANY COMMISSION CONCERNS REGARDING UNREASONABLE OR 18
UNNECESSARY PROGRAM DUPLICATION. 19
(D) THE COMMISSION MAY NOT USE A LETTER OF INTE NT TO ESTABLISH 20
ANY PREFERENCE OR PR IORITY FOR APPROVAL OF A PROGRAM PROPOSAL. 21
(E) THE COMMISSION SHALL ESTABLISH REQUIREMENTS FOR SUB MITTING 22
A LETTER OF INTENT U NDER THIS SECTION , INCLUDING THE FORMAT , DEADLINES, 23
AND REVIEW CRITERIA OF THE LETTERS . 24
(F) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 25
THE COMMISSION MAY APPROV E A PROGRAM PROPOSAL SUBMITTED UNDER § 26
11–206 OR § 11–206.1 OF THIS SUBTITLE ONLY IF THE INSTITUTION HAS INCLUDED 27
THE PROGRAM IN A LETTER OF INTENT SUBMITTED TO THE COMMISSION. 28
(2) (I) THE COMMISSION MAY APPROV E A NEW PROGRAM 29
PROPOSED BY AN INSTI TUTION UNDER § 11–206 OR § 11–206.1 OF THIS SUBTITLE 30
THAT WAS NOT INCLUDED IN A LE TTER OF INTENT IF THE INSTITUTION S UBMITS 31
PROOF SATISFACTORY T O THE COMMISSION: 32 HOUSE BILL 1244 17
1. OF THE EXIGENT CIRCUM STANCES LEADING TO T HE 1
DEVELOPMENT OF THE P ROPOSED PROGRAM ; AND 2
2. THAT THE BENEFIT OF THE P ROGRAM TO THE STATE 3
OR REGION OUTWEIGHS THE STATE’S INTEREST IN REASONABLE PUBLIC NO TICE 4
AND INSTITUTIONAL CO LLABORATION . 5
(II) THE COMMISSION SHALL ESTA BLISH OBJECTIVE 6
STANDARDS AND A FAIR AND TRANSPARENT PROCESS FOR CONSIDERATION AN D 7
APPROVAL OF A PROPOSED PROGRAM U NDER SUBPARAGRAPH (I) OF THIS 8
PARAGRAPH . 9
(G) (1) IN THIS SUBSECTION, “FUND” MEANS THE PROPOSED PROGRAMS 10
COLLABORATIVE GRANT FUND. 11
(2) THERE IS A PROPOSED PROGRAMS COLLABORATIVE GRANT 12
FUND. 13
(3) THE PURPOSE OF THE FUND IS TO PROVIDE FINANCIAL 14
ASSISTANCE TO INCENTIVIZE INSTITUTIONS OF HIGHER EDUCA TION TO 15
COLLABORATE WITH OTHER INSTITUTIONS OF HIGHER EDUCATION , AT THE 16
DISCRETION OF EACH INSTITUTION , TO ESTABLISH AND IMPLEM ENT A NEW 17
GRADUATE PROGRAM. 18
(4) THE COMMISSION SHALL: 19
(I) ADMINISTER THE FUND; 20
(II) DEVELOP AN APPLICATIO N PROCESS TO APPLY FOR A 21
GRANT FROM THE FUND; AND 22
(III) AWARD GRANTS TO INSTI TUTIONS AS INTENDED BY THE 23
FUND. 24
(5) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 25
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 26
(II) THE STATE TREASURER SHALL HOLD THE FUND 27
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 28
(6) THE FUND CONSISTS OF : 29
18 HOUSE BILL 1244
(I) MONEY APPROPRIATED IN THE STATE BUDGET TO THE 1
FUND; 2
(II) INTEREST EARNINGS ; AND 3
(III) ANY OTHER MONEY FROM ANY OTHER SOUR CE ACCEPTED 4
FOR THE BENEFIT OF T HE FUND. 5
(7) THE FUND MAY BE USED ONLY FOR EXPENSES INCURRED BY AN 6
INSTITUTION FOR COLL ABORATING OR ATTEMPTING TO COL LABORATE WITH OTHER 7
INSTITUTIONS TO ESTABLISH AND IMPLEM ENT A NEW GRADUATE PROGRAM 8
IDENTIFIED IN A LETTER OF INTENT UND ER THIS SECTION , INCLUDING EXPENSES 9
FOR: 10
(I) SALARIES OF FACULTY WHO WORK TOGETHER TO 11
DETERMINE IF COLLABO RATION IS FEASIBLE FOR THE INSTITUTIONS ; AND 12
(II) COSTS ASSOCIATED WITH : 13
1. PROVIDING TRANSPORTAT ION FROM ONE 14
INSTITUTION TO ANOTHER INST ITUTION FOR SHARED C LASSES OR FACILITIES ; AND 15
2. SHARING RESOURCES ACROSS INSTITUTIONS , 16
INCLUDING RESEARCH COLLABORATI ON, STUDENT EXCHANGE PRO GRAMS, JOINT 17
MARKETING OR RECRUIT MENT, FACULTY EXCHANGE PRO GRAMS, AND ONLINE 18
PROGRAM COLLABORATIO N. 19
(8) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 20
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE INVESTED. 21
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 22
CREDITED TO THE FUND. 23
(9) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 24
ACCORDANCE WITH THE STATE BUDGET . 25
(10) MONEY EXPENDED FROM T HE FUND FOR EXPENSES INCURRED BY 26
INSTITUTIONS FOR COLLABORATI NG OR ATTEMPTING TO COLLABORATE TO 27
ESTABLISH AND IMPLEM ENT A NEW GRADUATE PROGRAM IS SUPPLEMENTAL TO 28
AND IS NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT OTHERWI SE WOULD 29
BE APPROPRIATED FOR THE NEW PROGRAM . 30
11–206.4. 31 HOUSE BILL 1244 19
(A) NOTWITHSTANDING THE PROVISIONS OF §§ 11–206 AND 11–206.1 OF 1
THIS SUBTITLE, THE COMMISSION SHALL DEVELOP AND IMPLEMENT A PROGRAM 2
REVIEW PROCESS FOR NEW PROPOSED PROGRAM S THAT: 3
(1) ARE OFFERED ONLY ONLINE AND TO A MAJORITY OF 4
OUT–OF–STATE STUDENTS ; AND 5
(2) ENABLE THE INSTITUTIONS OF HIGH ER EDUCATION IN THE 6
STATE TO COMPETE WITH OUT–OF–STATE COMPETITORS IN THE ONLINE 7
MARKETPLACE . 8
(B) THE COMMISSION SHALL INCLUDE THE PROGRAM REVIEW PROCESS 9
DEVELOPED UNDER THIS SECTION IN THE ADMINISTRATIVE P ROCEDURES GUIDE 10
REQUIRED UNDER § 11–206.1(H) OF THIS SUBTITLE. 11
11–302. 12
(a) (1) The president of each public institution of higher education is 13
responsible for developing a mission statement. 14
(2) The president shall submit the mission statement to the institution’s 15
governing board. 16
(3) Upon the direction of the governing board, the president shall update 17
the mission statement every 4 years in the year immediately following the quadrennial 18
review of the State Plan for Higher Education as set forth in § 11–105 of this title. 19
(b) (1) The governing board: 20
(i) Shall review the mission statement and may require the 21
president to prepare a revised mission statement; 22
(ii) May adopt the mission statement as submitted or with 23
amendments; and 24
(iii) Shall submit the statement to the Commission. 25
(2) (i) In the case of constituent institutions of the University System 26
of Maryland, the Chancellor of the University System of Maryland shall review the 27
statement prior to its consideration by the Board of Regents and make recommendations. 28
(ii) Before adopting the mission statements, the Board of Regents 29
shall review the statements individually and on a systemwide basis to assure that: 30
20 HOUSE BILL 1244
1. They are consistent with the Charter and the systemwide 1
plan; and 2
2. They will promote the efficient and effective use of the 3
institution’s and System’s resources. 4
(iii) The Board shall consolidate the statements into an adopted 5
systemwide statement. 6
(c) (1) Each regional higher education center shall: 7
(i) Develop a mission statement; 8
(ii) Submit the mission statement to the governing body of the 9
center; and 10
(iii) Upon direction of the governing body, update the mission 11
statement every 4 years in the year immediately following the quadrennial review of the 12
State Plan for Higher Education as set forth in § 11–105 of this title. 13
(2) The governing body of each regional higher education center: 14
(i) Shall review the mission statement and may require the 15
preparation of a revised mission statement; 16
(ii) May adopt the mission statement as submitted or with 17
amendment; and 18
(iii) Shall submit the statement to the Commission. 19
(d) (1) The Commission shall [review]: 20
(I) DEVELOP DETAILED CRIT ERIA FOR THE ROBUST REVIEW OF 21
MISSION STATEMENTS O F PUBLIC INSTITUTION S OF HIGHER EDUCATIO N, 22
INCLUDING ENSURING THE MISSION OF EACH INSTITUTION IS CLEARLY DEFINED 23
AND DISTINCT FROM OT HER PUBLIC INSTITUTI ONS; AND 24
(II) REVIEW the mission statement to determine whether the 25
mission statement is consistent with the State Plan for Higher Education. 26
(2) The mission statement shall be deemed approved within 30 days of 27
receipt unless the Commission [finds]: 28
(I) FINDS the statement is not consistent with the State Plan for 29
Higher Education; OR 30
HOUSE BILL 1244 21
(II) REJECTS THE STATEMENT AFTER CONDUCTING A R EVIEW 1
IN ACCORDANCE WITH PARAGRAPH (1) OF THIS SUBSECTION . 2
(3) (I) AFTER APPROVING OR RE JECTING A MISSION ST ATEMENT 3
OF A PUB LIC INSTITUTION OF H IGHER EDUCATION , THE COMMISSION, IN 4
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, SHALL SUBMIT 5
TO THE SENATE BUDGET AND TAXATION COMMITTEE, THE SENATE COMMITTEE ON 6
EDUCATION, ENERGY, AND THE ENVIRONMENT , AND THE HOUSE APPROPRIATIONS 7
COMMITTEE A REPORT THAT INCLUD ES AN ANALYSIS EXPLAINING: 8
1. THE ROLE OF THE PUBLI C INSTITUTION OF HIG HER 9
EDUCATION WITHIN THE SYSTEM OF HIGHER EDUCATION IN THE STATE TO ENSURE 10
THE MISSION STATEMENT IS CLEARLY DEFINED A ND DISTINCT FROM O THER PUBLIC 11
INSTITUTIONS OF HIGH ER EDUCATION ; AND 12
2. WHY THE MISSION STATE MENT WAS APPROVED OR 13
REJECTED. 14
(II) THE COMMISSION IS ENCOURAGE D TO USE THE REPORT 15
REQUIRED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH TO ENSURE THAT THE 16
STATE IS SUPPORTING E ACH PUBLIC INSTITUTI ON OF HIGHER EDUCATI ON IN 17
MEETING THE NEEDS DESCRIBED IN THE MIS SION STATEMENTS . 18
(4) (i) If the Commission finds that the MISSION statement is not 19
consistent with the State Plan for Higher Education OR REJECTS THE STATEMEN T 20
UNDER PARAGRAPH (2) OF THIS SUBSECTION , the Commission shall return the 21
statement together with its objections that include the specific areas of inconsistency with 22
the State Plan for Higher Education to the governing board. 23
(ii) The governing board and the institution president shall 24
negotiate with the Commission and amend the statement or prepare a new statement. 25
Article – State Finance and Procurement 26
6–226. 27
(a) (2) (i) Notwithstanding any other provision of law, and unless 28
inconsistent with a federal law, grant agreement, or other federal requirement or with the 29
terms of a gift or settlement agreement, net interest on all State money allocated by the 30
State Treasurer under this section to special funds or accounts, and otherwise entitled to 31
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 32
Fund of the State. 33
(ii) The provisions of subparagraph (i) of this paragraph do not apply 34
to the following funds: 35 22 HOUSE BILL 1244
189. the Teacher Retention and Development Fund; [and] 1
190. the Protecting Against Hate Crimes Grant Fund; AND 2
191. THE PROPOSED PROGRAMS COLLABORATIVE GRANT 3
FUND. 4
SECTION 3. AND BE IT FURTHER ENACTED, That : 5
(a) (1) The Maryland Higher Education Commission shall examine the 6
approval process established by the Commission for conducting academic program reviews 7
under §§ 11–206 and 11–206.1 of the Education Article, as enacted by Section 2 of this Act, 8
including all statutory and regulatory requirements regarding administrative procedures, 9
timelines, and deadlines, to determine whether the process, in whole or in part, needs 10
updating or revision to meet the needs of the institutions of higher education and students 11
in the State. 12
(2) On or before December 1, 2024, the Commission shall report its findings 13
and recommendations under paragraph (1) of this subsection to the General Assembly, in 14
accordance with § 2–1257 of the State Government Article. 15
(b) (1) The Commission, in collaboration with all institutions of higher 16
education in the State, shall evaluate whether the existing standard that triggers the 17
academic program review process for a substantial modification to an existing program 18
established under § 11–206 of the Education Article, as enacted by Section 2 of this Act, 19
and COMAR 13B.02.03.03E is the appropriate standard. 20
(2) If, after the evaluation conducted under paragraph (1) of this 21
subsection, the Commission determines that a new standard for establishing a substantial 22
modification to an existing program is appropriate, the Commission shall, on or before 23
January 1, 2025, adopt regulations establishing the new standard. 24
SECTION 4. AND BE IT FURTHER ENACTED, That : 25
(a) On or before January 1, 2025, the Maryland Higher Education Commission 26
shall update the State Plan for Higher Education last revised in 2022 to include updated 27
State and regional workforce needs information. 28
(b) During the process of updating the State Plan under subsection (a) of this 29
section, the Commission shall provide postsecondary education stakeholders with an 30
opportunity to provide input on State and regional workforce needs issues relevant to the 31
purposes and objective of the State Plan for Higher Education, including students, 32
members of the public, and major industry partners. 33
SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect July 34
1, 2024. 35