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. *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 Committee Report: Favorable with amendments House action: Adopted Read second time: March 1, 2024 CHAPTER ______ 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 perform certain duties related to defining, identifying, 6 and compiling data regarding the workforce needs in the State and who works work 7 collaboratively across certain agencies in a certain manner; altering certain 8 requirements for the State Plan of Higher Education; requiring the Commission to 9 establish a Program Review Process Advisory Council; altering certain requirements 10 regarding the Commission’s academic program approval process; requiring the 11 Commission to develop and publish on its website on or before a certain date an 12 administrative procedures guide for the Commission’s program review process; 13 requiring the Commission to conduct a review of certain approved programs that 14 were subject to an objection of a historically Black college or university; requiring 15 certain institutions of higher education to submit to the Commission a certain letter 16 of intent regarding intended new graduate programs; establishing the Proposed 17 Programs Collaborative Grant Fund to award grants to certain public institutions of 18 higher education that collaborate to establish and implement new academic 19 graduate programs; authorizing the Commission to develop a program review 20 process for certain online programs in a certain manner; authorizing the Commission 21 or an institution of higher education to file an objection to implementation of a 22 proposed online program under certain circumstances; providing that academic 23 2 HOUSE BILL 1244 program proposals for certain graduate level programs may be proposed and 1 implemented only by certain institutions, except under certain circumstances; 2 altering requirements for the Commission’s review and approval of the mission 3 statements of public institutions of higher education; requiring the Commission, in 4 collaboration with institutions of higher education, to evaluate the process for 5 reviewing academic program proposals for a certain purpose and to review the 6 standard for triggering a review of a substantial modification to an existing academic 7 program; requiring the Commission to update the State Plan for Higher Education 8 on or before a certain date; and generally relating to academic program approval, 9 institutional mission statements, and the Maryland Higher Education Commission. 10 BY renumbering 11 Article – Education 12 Section 11–105(a) through (x), 11–206.2, 11–206.3, and 11–206.4 13 to be Section 11–206.5, 11–206.6, and 11–206.7 11–105(b) through (y), 11–206.6, 14 11–206.7, and 11–206.8, respectively 15 Annotated Code of Maryland 16 (2022 Replacement Volume and 2023 Supplement) 17 BY repealing and reenacting, without amendments, 18 Article – Business Regulation 19 Section 1–101(a) and (f) 20 Annotated Code of Maryland 21 (2015 Replacement Volume and 2023 Supplement) 22 BY adding to 23 Article – Business Regulation 24 Section 2–103.2 25 Annotated Code of Maryland 26 (2015 Replacement Volume and 2023 Supplement) 27 BY repealing and reenacting, without amendments, 28 Article – Economic Development 29 Section 1–101(a) and (c) 30 Annotated Code of Maryland 31 (2018 Replacement Volume and 2023 Supplement) 32 BY repealing and reenacting, with amendments, 33 Article – Economic Development 34 Section 2.5–106(17) and (18) 35 Annotated Code of Maryland 36 (2018 Replacement Volume and 2023 Supplement) 37 BY adding to 38 Article – Economic Development 39 Section 2.5–106(19) 40 Annotated Code of Maryland 41 HOUSE BILL 1244 3 (2018 Replacement Volume and 2023 Supplement) 1 BY repealing and reenacting, with amendments, 2 Article – Education 3 Section 11–104, 11–105(b)(2) and (3), 11–106, 11–206, 11–206.1, and 11–302 4 Annotated Code of Maryland 5 (2022 Replacement Volume and 2023 Supplement) 6 BY adding to 7 Article – Education 8 Section 11–105(a), 11–206.2, 11–206.3, and 11–206.4, and 11–206.5 9 Annotated Code of Maryland 10 (2022 Replacement Volume and 2023 Supplement) 11 BY repealing and reenacting, with amendments, 12 Article – Education 13 Section 11–105(c)(2) and (3) 14 Annotated Code of Maryland 15 (2022 Replacement Volume and 2023 Supplement) 16 (As enacted by Section 1 of this Act) 17 BY repealing and reenacting, without amendments, 18 Article – State Finance and Procurement 19 Section 6–226(a)(2)(i) 20 Annotated Code of Maryland 21 (2021 Replacement Volume and 2023 Supplement) 22 BY repealing and reenacting, with amendments, 23 Article – State Finance and Procurement 24 Section 6–226(a)(2)(ii)189. and 190. 25 Annotated Code of Maryland 26 (2021 Replacement Volume and 2023 Supplement) 27 BY adding to 28 Article – State Finance and Procurement 29 Section 6–226(a)(2)(ii)191. 30 Annotated Code of Maryland 31 (2021 Replacement Volume and 2023 Supplement) 32 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 33 That Section(s) 11–105(a) through (x), 11–206.2, 11–206.3, and 11–206.4 of Article – 34 Education of the Annotated Code of Maryland be renumbered to be Section(s) 11–206.5, 35 11–206.6, and 11–206.7 11–105(b) through (y), 11–206.6, 11–206.7, and 11–206.8, 36 respectively. 37 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 38 as follows: 39 4 HOUSE BILL 1244 Article – Business Regulation 1 1–101. 2 (a) In this article the following words have the meanings indicated. 3 (f) “Department” means the Maryland Department of Labor. 4 2–103.2. 5 THE DEPARTMENT SHALL HAVE AT LEAST ONE FULL –TIME STAFF MEMBER 6 WHO IS RESPONSIBLE F OR: 7 (1) DEFINING, IDENTIFYING, AND COMPILING DATA O N STATE AND 8 REGIONAL WORKFORCE N EEDS; AND 9 (2) WORKING COLLABORATIV ELY WITH THE DEPARTMENT OF 10 COMMERCE AND THE MARYLAND HIGHER EDUCATION COMMISSION TO PRODUCE 11 UNIFORM AND CONSISTE NT BASELINE DATA , INCLUDING COMMON SOU RCES AND 12 MEASUREMENTS , ABOUT WORKFORCE NEED S TO INFORM STATE POLICIES 13 RELATING TO POSTSECO NDARY EDUCATION . 14 Article – Economic Development 15 1–101. 16 (a) In this division the following words have the meanings indicated. 17 (c) “Department” means the Department of Commerce. 18 2.5–106. 19 The Department shall: 20 (17) facilitate regular meetings among its regional experts, financial 21 incentive team, and tourism development team to determine the success in meeting overall 22 economic development strategic goals and in addressing the economic development needs 23 of each region; [and] 24 (18) work with community colleges to enhance the role of community 25 colleges in providing workforce training services, including industry–specific education and 26 training in response to the needs of the State; AND 27 (19) HAVE AT LEAST ONE FULL–TIME STAFF MEMBER WH O IS 28 RESPONSIBLE FOR : 29 HOUSE BILL 1244 5 (I) DEFINING, IDENTIFYING, AND COMPILING DEFINE, 1 IDENTIFY, AND COMPILE DATA ON STATE AND REGIONAL WO RKFORCE NEEDS ; AND 2 (II) WORKING WORK COLLABORATIVELY WITH THE MARYLAND 3 DEPARTMENT OF LABOR AND THE MARYLAND HIGHER EDUCATION COMMISSION 4 TO PRODUCE UNIFORM A ND CONSISTENT BASELI NE DATA, INCLUDING COMMON 5 SOURCES AND MEASUREM ENTS, ABOUT WORKFORCE NEED S TO INFORM STATE 6 POLICIES RELATING TO POSTSECONDARY EDUCAT ION. 7 Article – Education 8 11–104. 9 (a) The Governor shall appoint, with the advice and consent of the Senate, a 10 Secretary of Higher Education. 11 (b) (1) The Secretary shall: 12 (i) Select, organize, and direct the staff of the Commission; 13 (ii) Perform the duties the Commission assigns; 14 (iii) See that the policies and decisions of the Commission are carried 15 out; 16 (iv) Serve at the pleasure of the Governor; and 17 (v) Be a member of the Governor’s Executive Council. 18 (2) (i) After consideration of the recommendations of the Commission, 19 the Governor shall include in the annual budget request the salary for the Secretary. 20 (ii) The Secretary is entitled to the salary provided in the State 21 budget. 22 (c) (1) The Secretary may hire the additional staff provided in the State 23 budget. 24 (2) THE SECRETARY SHALL HAVE AT LEAST ONE FULL –TIME STAFF 25 MEMBER WHO IS RESPON SIBLE FOR: 26 (I) DEFINING, IDENTIFYING, AND COMPILING DATA O N STATE 27 AND REGIONAL WORKFOR CE NEEDS; AND 28 6 HOUSE BILL 1244 (II) WORKING COLLABORATIVE LY WITH THE DEPARTMENT OF 1 COMMERCE AND THE MARYLAND DEPARTMENT OF LABOR TO PRODUCE UNIF ORM 2 AND CONSISTENT BASEL INE DATA, INCLUDING COMMON SOU RCES AND 3 MEASUREMENTS , ABOUT WORKFORCE NEED S TO INFORM STATE POLICIES 4 RELATING TO POSTSECO NDARY EDUCATION . 5 (d) (1) Each employee of the Commission shall join the Teachers’ Pension 6 System of the State of Maryland or the Employees’ Pension System of the State of 7 Maryland. 8 (2) Any employee of the Commission who is determined by the Secretary 9 to hold a professional position may join the optional retirement program under Title 30 of 10 the State Personnel and Pensions Article. 11 11–105. 12 (A) (1) IN THIS SECTION , “EMERGING WORKFORCE N EED PROGRAM ” 13 MEANS A GRADUATE LEV EL PROGRAM IDENTIFIE D BY THE COMMISSION UNDER 14 SUBSECTION (B)(2)(I)1 OF THIS SECTION THAT : 15 (I) NO INSTITUTION OF HIGHER EDUCAT ION IN THE STATE 16 OFFERS; 17 (II) ADDRESSES A JOB OR IN DUSTRY NEED THAT IS 18 INNOVATIVE, UNIQUE, AND RARE; AND 19 (III) COULD LEVERAGE FEDERA L, STATE, OR PRIVATE 20 RESOURCES ON A LONG –TERM BASIS WITH IMME DIATE DEVELOPMENT BY AN 21 INSTITUTION OF HIGHE R EDUCATION. 22 (2) “EMERGING WORKFORCE NE ED PROGRAM ” DOES NOT MEAN A 23 SPECIFIC ACADEMIC PR OGRAM IDENTIFIED BY THE COMMISSION TO FULFILL OR 24 SUPPORT AN IDENTIFIE D CURRENT STATE AND REGIONAL WO RKFORCE NEED . 25 (b) (c) (2) (i) In consultation with the governing boards and agencies 26 concerned with postsecondary education in the State, the Commission shall develop and 27 periodically update an overall plan consistent with the Charter, known as the State Plan 28 for Higher Education, that shall identify: 29 1. The present and future needs for postsecondary education 30 and research throughout the State, INCLUDING CURRENT AN D EMERGING STATE AND 31 REGIONAL WORKFORCE N EEDS AND ANY SPECIFIC ACA DEMIC PROGRAMS 32 INSTITUTIONS COULD D EVELOP TO FULFILL OR SUPPORT IDENTIFIED CURRENT 33 STATE AND REGIONAL WO RKFORCE NEEDS AND AN Y EMERGING WORKFORCE NEED 34 PROGRAMS IN ACCORDANCE WITH S UBPARAGRAPH (IV) OF THIS PARAGRAPH ; 35 HOUSE BILL 1244 7 2. The present and future capabilities of the different 1 institutions and segments of postsecondary education in the State, INCLUDING ANY 2 SPECIFIC ACADEMIC PR OGRAMS PARTICULAR IN STITUTIONS COULD DEV ELOP TO 3 FULFILL OR SUPPORT I DENTIFIED WORKFORCE NEEDS; and 4 3. The long–range and short–range objectives and priorities 5 for postsecondary education and methods and guidelines for achieving and maintaining 6 them. 7 (ii) The Commission shall ensure that the State Plan for Higher 8 Education complies with the State’s equal educational opportunity obligations under State 9 and federal law, including Title VI of the Civil Rights Act. 10 (iii) In developing the State Plan for Higher Education, the 11 Commission shall incorporate the goals and priorities for higher education identified in this 12 Division III and, for the University System of Maryland, including those identified in §§ 13 10–209 and 12–106 of this article FOR ALL PUBLIC INSTI TUTIONS OF HIGHER 14 EDUCATION. 15 (IV) IN IDENTIFYING STATE AND REGIONAL WO RKFORCE NEEDS 16 FOR THE STATE PLAN FOR HIGHER EDUCATION, THE COMMISSION SHALL : 17 1. USE THE UNIFORM AND C ONSISTENT BASELINE DATA , 18 INCLUDING COMMON SOU RCES AND MEASUREMENT S, ABOUT WORKFORCE NEED S 19 DEVELOPED IN COLLABO RATION WITH THE DEPARTMENT OF COMMERCE AND THE 20 MARYLAND DEPARTMENT OF LABOR; 21 2. CONSULT, AS NECESSARY , WITH OTHER STATE 22 AGENCIES WITH UNIQUE EXPERTISE IN SPECIFIC WORKF ORCE SEGMENTS , 23 INCLUDING THE MARYLAND LONGITUDINAL DATA SYSTEM CENTER, 24 OCCUPATIONAL LICENSI NG BOARDS, AND NATIONAL ORGANIZ ATIONS; 25 3. USE DATA FROM RESOURC ES AND LITERATURE 26 RELATING TO SPECIFIC OCCUPATIONS ; AND 27 4. PROVIDE ALL INSTITUTIONS OF HIGH ER EDUCATION 28 IN THE STATE WITH ACCESS TO THIS BASELINE DATA . 29 (V) THE COMMISSION SHALL UPDA TE THE WORKFORCE NEE DS 30 IDENTIFIED IN THE MO ST RECENT VERSION OF THE STATE PLAN FOR HIGHER 31 EDUCATION EACH YEAR A S AN APPENDIX TO THE PLAN AND POST THE UPDATE ON 32 THE COMMISSION’S WEBSITE. 33 8 HOUSE BILL 1244 (3) (i) The Commission shall submit to the Governor and, subject to § 1 2–1257 of the State Government Article, to the General Assembly a quadrennial review of 2 the plan by July 1, 2009, and by July 1 of each fourth year thereafter. 3 (ii) The quadrennial review shall include a report on the status and 4 needs of postsecondary education in the State. 5 (III) BEGINNING WITH THE QU ADRENNIAL REVIEW OF THE 6 STATE PLAN FOR HIGHER EDUCATION DUE BY JULY 1, 2026, THE COMMISSION 7 SHALL SUBMIT THE PRO POSED PLAN TO THE LEGISLATIVE POLICY COMMITTEE FOR 8 REVIEW AND COMMENT B EFORE ADOPTION BY TH E COMMISSION. 9 11–106. 10 (a) (1) The Commission shall establish: 11 (i) A Faculty Advisory Council; 12 (ii) A Student Advisory Council; 13 (iii) A Segmental Advisory Council; 14 (iv) A Financial Assistance Advisory Council; 15 (v) A Maryland Digital Library Advisory Council; [and] 16 (vi) A Private Career School Advisory Council; AND 17 (VII) A PROGRAM REVIEW PROCESS ADVISORY COUNCIL. 18 (2) These Councils shall meet periodically for the purpose of reviewing such 19 matters as are referred by the Commission or the Secretary for their consideration and 20 advice. 21 (3) The Councils may make reports and recommendations to the 22 Commission. 23 (b) (1) The Commission may appoint continuing advisory committees that 24 represent various groups in the higher education community. 25 (2) Advisory committees may make recommendations to the Commission 26 on matters of statewide importance that affect their constituencies. 27 11–206. 28 (a) This section does not apply to: 29 HOUSE BILL 1244 9 (1) New programs proposed to be implemented by public and private 1 nonprofit institutions of higher education using existing program resources in accordance 2 with § 11–206.1 of this subtitle; 3 (2) Programs offered by institutions of higher education that operate in the 4 State without a certificate of approval in accordance with § 11–202.1(b) of this subtitle; and 5 (3) The Cyber Warrior Diversity Program established under Subtitle 14 of 6 this title. 7 (b) (1) Prior to SUBJECT TO § 11–206.5 OF THIS SUBTITLE , PRIOR TO the 8 proposed date of implementation, the governing body of an institution of postsecondary 9 education shall submit to the Commission each proposal for: 10 (i) A new program; or 11 (ii) A substantial modification of an existing program. 12 (2) The Commission shall review each such proposal and: 13 (i) With respect to each public institution of postsecondary 14 education, either approve or disapprove the proposal; 15 (ii) Except as provided in § 16–108(c) of this article, with respect to 16 each private nonprofit or for–profit institution of higher education, either recommend that 17 the proposal be implemented or that the proposal not be implemented; and 18 (iii) With respect to a private career school, either approve or 19 disapprove the proposal. 20 (3) If the Commission fails to act within 60 days of the date of submission 21 of the completed proposal, the proposal shall be deemed approved. 22 (4) Except as provided in paragraph (3) of this subsection, a public 23 institution of postsecondary education and private career school may not implement a 24 proposal without the prior approval of the Commission. 25 (5) (i) Except as provided in paragraph (3) of this subsection, and 26 subject to subparagraph (ii) of this paragraph, a program that has not received a positive 27 recommendation by the Commission may be implemented by: 28 1. Subject to the provisions of § 17–105 of this article, a 29 private nonprofit institution of higher education; or 30 2. A for–profit institution of higher education. 31 10 HOUSE BILL 1244 (ii) If a private nonprofit or for–profit institution of higher education 1 implements a proposal despite the recommendation from the Commission that a program 2 not be implemented, the institution shall notify both prospective students of the program 3 and enrolled students in the program that the program has not been recommended for 4 implementation by the Commission. 5 (6) (i) If the Commission disapproves a proposal, the Commission shall 6 provide to the governing body that submits the proposal a written explanation of the 7 reasons for the disapproval. 8 (ii) After revising a proposal to address the Commission’s reasons for 9 disapproval, the governing body may submit the revised proposal to the Commission for 10 approval. 11 (c) (1) Prior to discontinuation, each institution of postsecondary education 12 that proposes to discontinue an existing program shall provide written notification to the 13 Commission specifying: 14 (i) The name of the program; and 15 (ii) The expected date of discontinuation. 16 (2) By rule or regulation, the Commission may require the payment by a 17 private career school of a refund to any student or enrollee who, because of the 18 discontinuation of an ongoing program, is unable to complete such program. 19 (d) The Commission shall review and make recommendations on programs in 20 private nonprofit and for–profit institutions of higher education. 21 (e) (1) In this subsection, “governing board” includes the board of trustees of a 22 community college. 23 (2) (I) The Commission shall adopt regulations establishing standards 24 for determining whether [2] TWO or more programs are unreasonably OR 25 UNNECESSARILY duplicative. 26 (II) THE REGULATIONS SHALL : 27 1. CLEARLY IDENTIFY ALL SPECIFIC CRITERIA AN D 28 FACTORS USED BY THE COMMISSION TO DETERMI NE WHETHER TWO OR MO RE 29 PROGRAMS ARE UNREASO NABLY OR UNNECESSARILY DUPLICATIVE; 30 2. PRIORITIZE MEETING STATE AND REGIONAL 31 WORKFORCE NEEDS AND PRESERVING EXISTING PROGRAM S THAT ARE ABLE TO 32 MEET THESE WORKFORCE NEEDS; AND 33 HOUSE BILL 1244 11 3. PRIORITIZE COLLABORAT ION BETWEEN 1 INSTITUTIONS OF HIGH ER EDUCATION . 2 (3) The Commission may review existing programs at public institutions of 3 postsecondary education if the Commission has reason to believe that academic programs 4 are unreasonably OR UNNECESSARILY duplicative or inconsistent with an institution’s 5 adopted mission. 6 (4) The Commission may make a determination that an unreasonable OR 7 UNNECESSARY duplication of programs exists on its own initiative or after receipt of a 8 request for determination from any directly affected public institution of postsecondary 9 education. 10 (5) (i) If the Commission makes a determination under paragraph (4) 11 of this subsection the Commission may: 12 1. Make recommendations to a governing board on the 13 continuation or modification of the programs; 14 2. Require any affected governing board to submit a plan to 15 resolve the duplication; and 16 3. Negotiate, as necessary, with any affected governing 17 board until the unreasonable OR UNNECESSARY duplication is eliminated. 18 (ii) Notwithstanding the provisions of subparagraph (i) of this 19 paragraph, if the Commission determines that [2] TWO or more existing programs offered 20 by institutions under the governance of different governing boards are unreasonably OR 21 UNNECESSARILY duplicative, the governing boards of the institutions of postsecondary 22 education at which the programs are offered shall have 180 days from the date of the 23 Commission’s determination to formulate and present to the Commission a joint plan to 24 eliminate the duplication. 25 (iii) If in the Commission’s judgment the plan satisfactorily 26 eliminates the duplication, the governing board of the affected institutions shall be so 27 notified and shall take appropriate steps to implement the plan. 28 (iv) If in the Commission’s judgment the plan does not satisfactorily 29 eliminate the duplication, or if no plan is jointly submitted within the time period specified 30 in paragraph (6) of this subsection, the governing board of the affected institutions shall be 31 so notified. The Commission may then seek to eliminate the duplication by revoking the 32 authority of a public institution of postsecondary education to offer the unreasonably OR 33 UNNECESSARILY duplicative program. 34 12 HOUSE BILL 1244 (6) (i) Prior to imposing a sanction under paragraph (5) of this 1 subsection, the Commission shall give notice of the proposed sanction to the governing 2 board of each affected institution. 3 (ii) 1. Within 20 days of receipt of the notice, any affected 4 institution may request an opportunity to meet with the Commission and present 5 objections. 6 2. If timely requested, the Commission shall provide such 7 opportunity prior to the Commission’s decision to impose a sanction. 8 (iii) The Commission’s decision shall be final and is not subject to 9 further administrative appeal or judicial review. 10 11–206.1. 11 (a) (1) In this section the following words have the meanings indicated. 12 (2) “Private nonprofit institution of higher education” has the meaning 13 stated in § 10–101(k) of this article. 14 (3) “Public institution of higher education” means: 15 (i) A public senior higher education institution; and 16 (ii) A community college. 17 (b) (1) A SUBJECT TO § 11–206.5 OF THIS SUBTITLE, A president of a public 18 institution of higher education may propose to establish a new program or abolish an 19 existing program if the action: 20 (i) Is consistent with the institution’s adopted mission statement 21 under Subtitle 3 of this title; and 22 (ii) Can be implemented within the existing program resources of 23 the institution. 24 (2) A SUBJECT TO § 11–206.5 OF THIS SUBTITLE , A president of a 25 private nonprofit institution of higher education may propose to establish a new program 26 if the action: 27 (i) Is consistent with the mission statement published in the official 28 catalog of the private nonprofit institution; and 29 (ii) Can be implemented within the existing resources of the 30 institution. 31 HOUSE BILL 1244 13 (3) The president of a public institution of higher education shall report 1 any programs that are proposed to be established or abolished in accordance with 2 paragraph (1) of this subsection to: 3 (i) The institution’s governing board; and 4 (ii) The Maryland Higher Education Commission. 5 (4) The president of a private nonprofit institution of higher education 6 shall report any programs that are proposed to be established in accordance with paragraph 7 (2) of this subsection to the Commission. 8 (5) Upon receipt of a proposed new program, the Commission shall notify 9 all other institutions of higher education in the State. 10 (c) The governing board of a public institution of higher education shall: 11 (1) Review the actions taken under subsection (b) of this section; 12 (2) Ensure that any new program proposed to be established by a 13 president: 14 (i) Is consistent with the institution’s approved mission statement 15 under Subtitle 3 of this title; 16 (ii) Meets a regional or statewide need consistent with the 17 [Maryland] State Plan for [Postsecondary] HIGHER Education; 18 (iii) Meets criteria for the quality of new programs, developed in 19 consultation with the Commission; and 20 (iv) Can be implemented within the existing program resources of 21 the institution, verified by a process established in consultation with the Commission. 22 (d) The Board of Regents of the University System of Maryland shall approve the 23 proposed new program within 60 days if the program meets the criteria in subsection (c)(2) 24 of this section, subject to the provisions of subsections (e) and (f) of this section. 25 (e) (1) Within 30 days of receipt of a notice of an institution’s intent to 26 [establish] SUBMIT a new program TO THE COMMISSION in accordance with subsection 27 (b) of this section, the Commission may file, or the institutions of higher education in the 28 State may file with the Commission, an objection to implementation of a proposed 29 GRADUATE program provided the objection is based on: 30 [(1)] (I) Inconsistency of the proposed program with the institution’s 31 approved mission for a public institution of higher education and the mission statement 32 published in the official catalog of a private nonprofit institution of higher education; 33 14 HOUSE BILL 1244 [(2)] (II) Not meeting a regional or statewide need consistent with the 1 [Maryland] State Plan for [Postsecondary] HIGHER Education; 2 [(3)] (III) Unreasonable program duplication which would cause 3 demonstrable harm to another institution THE STATE OR STUDENTS ATT ENDING 4 INSTITUTIONS OF HIGH ER EDUCATION IN THE STATE; or 5 [(4)] (IV) [Violation] UNNECESSARY PROGRAM D UPLICATION IN 6 VIOLATION of the State’s equal educational opportunity obligations under State and 7 federal law. 8 (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE 9 COMMISSION SHALL ADOP T REGULATIONS ON PRO CEDURES FOR CONDUCTI NG AN 10 ANALYSIS OF THE OBJE CTIONS DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION 11 THAT: 12 (I) CLEARLY IDENTIFY ALL OF THE SPECIFIC CRIT ERIA AND 13 FACTORS USED BY THE COMMISSION; AND 14 (II) FOR AN OBJECTION UNDE R PARAGRAPH (1)(III) OF THIS 15 SUBSECTION, USE A SET OF BASELIN E DATA AND COMMON SO URCES AND THAT 16 PRIORITIZE: 17 1. MEETING STATE AND REGIONAL WO RKFORCE NEEDS ; 18 2. PRESERVING EXISTING P ROGRAMS THAT ARE ABLE 19 TO MEET STATE AND REGIONAL WO RKFORCE NEEDS ; AND 20 3. COLLABORATION BETWEEN INSTITUTIONS OF 21 HIGHER EDUCATION . 22 (3) THE COMMISSION, JOINTLY IN CONSULTATION WITH THE 23 ATTORNEY GENERAL, SHALL ADOPT REGULATI ONS FOR STANDARDS FO R 24 CONDUCTING AN ANALYSIS OF AN OBJEC TION UNDER PARAGRAPH (1)(IV) OF THIS 25 SUBSECTION. 26 (f) (1) If an objection is filed under subsection (e) of this section by the 27 Commission or an institution within 30 days of receipt of a notice of an institution’s intent 28 to establish a new program, the Commission shall immediately notify the institution’s 29 governing board and president. 30 (2) The Commission shall determine if an institution’s objection is justified 31 based on the criteria in subsection (e) of this section. 32 HOUSE BILL 1244 15 (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 SECRETARY’S 10 DETERMINATION OF AN INSTITUTION’S OBJECTION UNDER SU BSECTION (F) OF THIS 11 SECTION SHALL : 12 (1) BE CONDUCTED IN OPEN SESSION, INCLUDING DISCUSSION S AND 13 ANY FORMAL ACTION TA KEN BY THE COMMISSION; 14 (2) ALLOW EACH PARTY , INCLUDING THE SECRETARY, THE 15 PROPOSING INSTITUTIO N, AND THE OBJECTING IN STITUTION, TO HAVE NOT LESS 16 THAN 10 MINUTES TO PRESEN T THEIR POSITIONS RE GARDING THE 17 DETERMINATION , WITHOUT INTERRUPTION ; AND 18 (3) REQUIRE THE APPROVAL OF A MAJORITY OF THE MEMBERS THEN 19 SERVING ON THE COMMISSION. 20 (H) (1) ON OR BEFORE JANUARY 1, 2025, THE COMMISSION SHALL 21 DEVELOP AND PUBLISH ON ITS WEBSITE AN ADMINISTR ATIVE PROCEDURES GUI DE 22 FOR THE COMMISSION’S PROGRAM REVIEW PRO CESS DEVELOPED UNDER THIS 23 SECTION. 24 (2) THE COMMISSION SHALL UPDA TE THE ADMINISTRATIV E 25 PROCEDURES GUIDE AT LEAST ONCE EACH YEAR . 26 [(g)] (I) (1) The Commission shall: 27 (i) Identify programs established under subsection (b) of this section 28 that are inconsistent with the State Plan for Higher Education; and 29 (ii) Identify low productivity programs at public institutions of 30 higher education. 31 16 HOUSE BILL 1244 (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 ON OR BEFORE JANUARY 1, 2025, AND 22 EACH JANUARY 1 THEREAFTER, THE COMMISSION SHALL REVI EW EACH ACADEMIC 23 PROGRAM THAT HAS BEE N APPROVED IN THE 4 IMMEDIATELY PRECEDIN G SCHOOL 24 YEARS YEAR THAT WAS SUBJECT TO AN OBJECTION OF A HI STORICALLY BLACK 25 COLLEGE OR UNIVERSIT Y, AS DESCRIBED IN § 10–214 OF THIS ARTICLE , TO 26 DETERMINE WHETHER TH E HISTORICALLY BLACK COLLEGE OR UNIV ERSITY 27 SUFFERED DEMONSTRABLE HARM RESULTING FROM APPROVAL OF THE PROG RAM. 28 (B) ON OR BEFORE SEPTEMBER 1, 2025, AND EVERY 4 YEARS EACH 29 SEPTEMBER 1 THEREAFTER , THE COMMISSION SHALL REPO RT ITS FINDINGS 30 UNDER SUBSECTION (A) OF THIS SECTION, IN ACCORDANCE WITH § 2–1257 OF THE 31 STATE GOVERNMENT ARTICLE, TO THE SENATE EDUCATION, ENERGY, AND THE 32 ENVIRONMENT COMMITTEE AND THE HOUSE APPROPRIATIONS COMMITTEE. 33 11–206.3. 34 HOUSE BILL 1244 17 (A) IN THIS SECTION, “INSTITUTION” MEANS A: 1 (1) A PUBLIC SENIOR HIGHER EDUCATION INSTITUTIO N; OR 2 (2) A PRIVATE NONPROFIT IN STITUTION OF HIGHER EDUCATION. 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 INSTITUTI ON INTENDS 6 TO PROPOSE FOR APPRO VAL 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 F OLLOWING SUBMISSION OF THE LETTER OF INT ENT. 12 (C) THE COMMISSION SHALL USE A LETTER OF INTENT S UBMITTED BY AN 13 INSTITUTION UNDER TH IS SECTION: 14 (1) TO FACILITATE COLLABO RATION BETWEEN INSTI TUTIONS; AND 15 (2) TO PROVIDE FEEDBACK T O AN INSTITUTION BEF ORE THE 16 INSTITUTION SUBMITS THE NEW PROGRAM TO T HE COMMISSION FOR APPROV AL, 17 INCLUDING ANY COMMISSION CONCERNS R EGARDING UNREASONABL E OR 18 UNNECESSARY PROGRAM DUPLICATION. 19 (D) THE COMMISSION MAY NOT US E A LETTER OF INTENT TO ESTABLISH 20 ANY PREFERENCE OR PR IORITY FOR APPROVAL OF A PROGRAM PROPOSAL . 21 (E) THE COMMISSION SHALL ESTA BLISH REQUIREMENTS F OR SUBMITTING 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 ONL Y IF THE INSTITUTION HAS INCLUDED 27 THE PROGRAM IN A LET TER OF INTENT SUBMIT TED TO THE COMMISSION. 28 (2) (I) THE COMMISSION MAY AP PROVE A NEW PROGRAM 29 PROPOSED BY AN INSTI TUTION UNDER § 11–206 OR § 11–206.1 OF THIS SUBTITLE 30 18 HOUSE BILL 1244 THAT WAS NOT INCLUDE D IN A LETTER OF INT ENT IF THE INSTITUTI ON SUBMITS 1 PROOF SATISFACTORY T O THE COMMISSION: 2 1. OF THE EXIGENT CIRCUM STANCES LEADING TO T HE 3 DEVELOPMENT OF THE P ROPOSED PROGRAM ; AND 4 2. THAT THE BENEFIT OF T HE PROGRAM TO THE STATE 5 OR REGION OUTWEIGHS THE STATE’S INTEREST IN REASON ABLE PUBLIC NOTICE 6 AND INSTITUTIONAL CO LLABORATION . 7 (II) THE COMMISSION SHALL ESTA BLISH OBJECTIVE 8 STANDARDS AND A FAIR AND TRANS PARENT PROCESS FOR C ONSIDERATION AND 9 APPROVAL OF A PROPOS ED PROGRAM UNDER SUB PARAGRAPH (I) OF THIS 10 PARAGRAPH . 11 (G) (1) IN THIS SUBSECTION , “FUND” MEANS THE PROPOSED PROGRAMS 12 COLLABORATIVE GRANT FUND. 13 (2) THERE IS A PROPOSED PROGRAMS COLLABORATIVE GRANT 14 FUND. 15 (3) THE PURPOSE OF THE FUND IS TO PROVIDE FI NANCIAL 16 ASSISTANCE TO INCENT IVIZE INSTITUTIONS O F HIGHER EDUCATION T O 17 COLLABORATE WITH OTH ER INSTITUTIONS OF H IGHER EDUCATION , AT THE 18 DISCRETION OF EACH I NSTITUTION, TO ESTABLISH AND IMPLEMENT A NEW 19 GRADUATE PROGRAM . 20 (4) THE COMMISSION SHALL : 21 (I) ADMINISTER THE FUND; 22 (II) DEVELOP AN APPLICATIO N PROCESS TO APPLY F OR A 23 GRANT FROM THE FUND; AND 24 (III) AWARD GRANTS TO INSTI TUTIONS AS INTENDED BY THE 25 FUND. 26 (5) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 27 SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 28 (II) THE STATE TREASURER SHALL HOLD THE FUND 29 SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 30 (6) THE FUND CONSISTS OF : 31 HOUSE BILL 1244 19 (I) MONEY APPROPRIATED IN THE STATE BUDGET TO THE 1 FUND; 2 (II) INTEREST EARNINGS ; AND 3 (III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 4 FOR THE BENEFIT OF T HE FUND. 5 (7) THE FUND MAY BE USED ONLY FOR EXPENSES INCURRE D BY AN 6 INSTITUTION FOR COLLABORATING OR ATT EMPTING TO COLLABORA TE WITH OTHER 7 INSTITUTIONS TO ESTA BLISH AND IMPLEMENT A NEW GRADUATE PROGR AM 8 IDENTIFIED IN A LETT ER OF INTENT UNDER T HIS SECTION, INCLUDING EXPENSES 9 FOR: 10 (I) SALARIES OF FACULTY W HO WORK TOGETHER TO 11 DETERMINE IF COLLABORATION IS FEA SIBLE FOR THE INSTIT UTIONS; AND 12 (II) COSTS ASSOCIATED WITH : 13 1. PROVIDING TRANSPORTAT ION FROM ONE 14 INSTITUTION TO ANOTH ER INSTITUTION FOR S HARED CLASSES OR FAC ILITIES; AND 15 2. SHARING RESOURCES ACR OSS 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 INC URRED BY 26 INSTITUTIONS FOR C OLLABORATING OR ATTE MPTING TO COLLABORAT E TO 27 ESTABLISH AND IMPLEM ENT A NEW GRADUATE P ROGRAM IS SUPPLEMENT AL 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 20 HOUSE BILL 1244 (A) NOTWITHSTANDING THE P ROVISIONS OF §§ 11–206 AND 11–206.1 OF 1 THIS SUBTITLE AND SUBJECT TO SUBSE CTION (B) OF THIS SECTION , THE 2 COMMISSION SHALL DEVE LOP AND IMPLEMENT A PROGRAM REVIEW PROCE SS FOR 3 NEW PROPOSED PROGRAM S THAT: 4 (1) ARE OFFERED ONLY ONLI NE AND TO A MAJORITY OF 5 OUT–OF–STATE STUDENTS ; AND 6 (2) ENABLE THE INSTITUTIO NS OF HIGHER EDUCATI ON IN THE 7 STATE TO COMPETE WITH OUT–OF–STATE COMPETITORS IN THE ONLINE 8 MARKETPLACE . 9 (B) THE PROCESS DEVELOPED AND IMPLEMENTED UNDE R SUBSECTION (A) 10 OF THIS SECTION SHAL L ALLOW THE COMMISSION OR AN INST ITUTION OF HIGHER 11 EDUCATION IN THE STATE TO FILE WITH TH E COMMISSION AN OBJECTI ON TO 12 IMPLEMENTATION OF TH E PROPOSED PROGRAM , PROVIDED THE OBJECTI ON IS 13 BASED ON: 14 (1) INCONSISTENCY OF THE PROPOSED PROGRAM WIT H THE 15 INSTITUTION’S APPROV ED MISSION FOR A PUB LIC INSTITUTION OF H IGHER 16 EDUCATION OR THE MIS SION STATEMENT PUBLI SHED IN THE OFFICIAL CATALOG OF 17 A PRIVATE NONPROFIT INSTITUTION OF HIGHE R EDUCATION; 18 (2) NOT MEETING A STATE OR REGIONAL NEE D CONSISTENT WITH 19 THE STATE PLAN FOR HIGHER EDUCATION; 20 (3) UNREASONABLE PROGRAM DUPLICATION THAT WOU LD CAUSE 21 HARM TO THE STATE OR STUDENTS ATT ENDING INSTITUTIONS OF HIGHER 22 EDUCATION IN THE STATE; OR 23 (4) UNNECESSARY PROGRAM D UPLICATION IN VIOLAT ION OF THE 24 STATE’S EQUAL EDUCATIONAL OPPORTUNITY OBLIGATIONS UNDER STATE AND 25 FEDERAL LAW . 26 (B) (C) THE COMMISSION SHALL INCL UDE THE PROGRAM REVI EW 27 PROCESS DEVELOPED UN DER THIS SECTION IN THE ADMINISTRATIVE P ROCEDURES 28 GUIDE REQUIRED UNDER § 11–206.1(H) OF THIS SUBTITLE. 29 11–206.5. 30 (A) IN THIS SECTION, “EMERGING WORKFORCE N EED PROGRAM ” HAS THE 31 MEANING STATED IN § 11–105(A) OF THIS TITLE. 32 HOUSE BILL 1244 21 (B) SUBJECT TO SUBSECTION (C) OF THIS SECTION, THE COMMISSION MAY 1 APPROVE A PROPOSAL S UBMITTED UNDER § 11–206, § 11–206.1, OR § 11–206.4 OF 2 THIS SUBTITLE ONLY FOR AN ACAD EMIC PROGRAM FOR AN EMERGING WORKFORCE 3 NEED PROGRAM FOR : 4 (1) MORGAN STATE UNIVERSITY; 5 (2) BOWIE STATE UNIVERSITY; 6 (3) UNIVERSITY OF MARYLAND EASTERN SHORE; 7 (4) COPPIN STATE UNIVERSITY; AND 8 (5) THE UNIVERSITY OF MARYLAND, COLLEGE PARK CAMPUS AS 9 THE STATE’S FLAGSHIP CAMPUS WI TH PROGRAMS AND FACU LTY NATIONALLY AND 10 INTERNATIONALLY RECO GNIZED FOR EXCELLENC E IN RESEARCH AND TH E 11 ADVANCEMENT OF KNOWL EDGE. 12 (C) IF AN INSTITUTION OF HIGHER EDUCATION UND ER SUBSECTION (B) OF 13 THIS SECTION DOES NOT SUBMI T A PROPOSAL UNDER § 11–206, § 11–206.1, OR § 14 11–206.4 OF THIS SUBTITLE FOR AN ACADEMIC PROGRAM FOR AN EMERGING 15 WORKFORCE NEED PROGR AM WITHIN 2 YEARS AFTER THE PUBL ICATION OF THE 16 STATE PLAN FOR HIGHER EDUCATION OR THE APPE NDIX TO THE P LAN THAT 17 IDENTIFIED THE EMERG ING WORKFORCE NEED P ROGRAM, ANY INSTITUTION OF 18 POSTSECONDARY EDUCAT ION IN THE STATE MAY SUBMIT THE PROPOSAL FOR 19 APPROVAL BY THE COMMISSION UNDER §§ 11–206, 11–206.1, AND 11–206.4 OF THIS 20 SUBTITLE. 21 11–302. 22 (a) (1) The president of each public institution of higher education is 23 responsible for developing a mission statement. 24 (2) The president shall submit the mission statement to the institution’s 25 governing board. 26 (3) Upon the direction of the governing board, the president shall update 27 the mission statement every 4 years in the year immediately following the quadrennial 28 review of the State Plan for Higher Education as set forth in § 11–105 of this title. 29 (b) (1) The governing board: 30 (i) Shall review the mission statement and may require the 31 president to prepare a revised mission statement; 32 22 HOUSE BILL 1244 (ii) May adopt the mission statement as submitted or with 1 amendments; and 2 (iii) Shall submit the statement to the Commission. 3 (2) (i) In the case of constituent institutions of the University System 4 of Maryland, the Chancellor of the University System of Maryland shall review the 5 statement prior to its consideration by the Board of Regents and make recommendations. 6 (ii) Before adopting the mission statements, the Board of Regents 7 shall review the statements individually and on a systemwide basis to assure that: 8 1. They are consistent with the Charter and the systemwide 9 plan; and 10 2. They will promote the efficient and effective use of the 11 institution’s and System’s resources. 12 (iii) The Board shall consolidate the statements into an adopted 13 systemwide statement. 14 (c) (1) Each regional higher education center shall: 15 (i) Develop a mission statement; 16 (ii) Submit the mission statement to the governing body of the 17 center; and 18 (iii) Upon direction of the governing body, update the mission 19 statement every 4 years in the year immediately following the quadrennial review of the 20 State Plan for Higher Education as set forth in § 11–105 of this title. 21 (2) The governing body of each regional higher education center: 22 (i) Shall review the mission statement and may require the 23 preparation of a revised mission statement; 24 (ii) May adopt the mission statement as submitted or with 25 amendment; and 26 (iii) Shall submit the statement to the Commission. 27 (d) (1) The Commission shall [review]: 28 (I) DEVELOP DETAILED CRIT ERIA FOR THE ROBUST REVIEW OF 29 MISSION STATEMENTS O F PUBLIC INSTITUTION S OF HIGHER EDUCATIO N, 30 INCLUDING ENSURING T HE MISSION OF EACH I NSTITUTION IS REFLECTIVE OF THE 31 HOUSE BILL 1244 23 INSTITUTION’S STATUTORY DISTINCT ION AND CLEARLY DEFINED AND DISTINCT 1 FROM OTHER PUBLIC INS TITUTIONS; AND 2 (II) REVIEW the mission statement to determine whether the 3 mission statement is consistent with the State Plan for Higher Education. 4 (2) The mission statement shall be deemed approved within 30 90 days of 5 receipt unless the Commission [finds]: 6 (I) FINDS the statement is not consistent with the State Plan for 7 Higher Education; OR 8 (II) REJECTS THE STATEMENT AFTER CONDUCTING A R EVIEW 9 IN ACCORDANCE WITH P ARAGRAPH (1) OF THIS SUBSECTION . 10 (3) (I) AFTER APPROVING OR RE JECTING A MISSION ST ATEMENT 11 OF A PUBLIC INSTITUT ION OF HIGHER EDUCAT ION, THE COMMISSION, IN 12 ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, SHALL SUBMIT 13 TO THE SENATE BUDGET AND TAXATION COMMITTEE, THE SENATE COMMITTEE ON 14 EDUCATION, ENERGY, AND THE ENVIRONMENT , AND THE HOUSE APPROPRIATIONS 15 COMMITTEE A REPORT TH AT INCLUDES AN ANALY SIS EXPLAINING: 16 1. THE ROLE OF THE PUBLI C INSTITUTION OF HIG HER 17 EDUCATION WITHIN THE SYSTEM OF HIGHER EDU CATION IN THE STATE TO ENSURE 18 THE MISSION STATEMENT IS CLEARLY DEFINED AND DISTINCT FROM OTHER PUBLIC 19 INSTITUTIONS OF HIGH ER EDUCATION ; AND 20 2. WHY THE MISSION STATE MENT WAS APPROVED OR 21 REJECTED. 22 (II) THE COMMISSION IS ENCOURA GED TO USE THE REPOR T 23 REQUIRED UNDER SUBPA RAGRAPH (I) OF THIS PARAGRAPH TO EN SURE THAT THE 24 STATE IS SUPPORTING E ACH PUBLIC INSTITUTI ON OF HIGHER EDUCATI ON IN 25 MEETING THE NEEDS DE SCRIBED IN THE MISSI ON STATEMENTS . 26 (4) (i) If the Commission finds that the MISSION statement is not 27 consistent with the State Plan for Higher Education OR REJECTS THE STATE MENT 28 UNDER PARAGRAPH (2) OF THIS SUBSECTION , the Commission shall return the 29 statement together with its objections that include the specific areas of inconsistency with 30 the State Plan for Higher Education to the governing board. 31 (ii) The governing board and the institution president shall 32 negotiate with the Commission and amend the statement or prepare a new statement. 33 Article – State Finance and Procurement 34 24 HOUSE BILL 1244 6–226. 1 (a) (2) (i) Notwithstanding any other provision of law, and unless 2 inconsistent with a federal law, grant agreement, or other federal requirement or with the 3 terms of a gift or settlement agreement, net interest on all State money allocated by the 4 State Treasurer under this section to special funds or accounts, and otherwise entitled to 5 receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 6 Fund of the State. 7 (ii) The provisions of subparagraph (i) of this paragraph do not apply 8 to the following funds: 9 189. the Teacher Retention and Development Fund; [and] 10 190. the Protecting Against Hate Crimes Grant Fund; AND 11 191. THE PROPOSED PROGRAMS COLLABORATIVE GRANT 12 FUND. 13 SECTION 3. AND BE IT FURTHER ENACTED, That: 14 (a) (1) The Maryland Higher Education Commission shall examine the 15 approval process established by the Commission for conducting academic program reviews 16 under §§ 11–206 and 11–206.1 of the Education Article, as enacted by Section 2 of this Act, 17 including all statutory and regulatory requirements regarding administrative procedures, 18 timelines, and deadlines, to determine whether the process, in whole or in part, needs 19 updating or revision to meet the needs of the institutions of higher education and students 20 in the State. 21 (2) On or before December 1, 2024, the Commission shall report its findings 22 and recommendations under paragraph (1) of this subsection to the General Assembly, in 23 accordance with § 2–1257 of the State Government Article. 24 (b) (1) The Commission, in collaboration with all institutions of higher 25 education in the State, shall evaluate whether the existing standard that triggers the 26 academic program review process for a substantial modification to an existing program 27 established under § 11–206 of the Education Article, as enacted by Section 2 of this Act, 28 and COMAR 13B.02.03.03E is the appropriate standard. 29 (2) If, after the evaluation conducted under paragraph (1) of this 30 subsection, the Commission determines that a new standard for establishing a substantial 31 modification to an existing program is appropriate, the Commission shall, on or before 32 January 1, 2025, adopt regulations establishing the new standard. 33 SECTION 4. AND BE IT FURTHER ENACTED, That: 34 HOUSE BILL 1244 25 (a) On or before January 1, 2025, the Maryland Higher Education Commission 1 shall update the State Plan for Higher Education last revised in 2022 to include updated 2 State and regional workforce needs information. 3 (b) During the process of updating the State Plan under subsection (a) of this 4 section, the Commission shall provide postsecondary education stakeholders with an 5 opportunity to provide input on State and regional workforce needs issues relevant to the 6 purposes and objective of the State Plan for Higher Education, including students, 7 members of the public, and major industry partners. 8 SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect July 9 1, 2024. 10 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.