WES MOORE, Governor Ch. 963
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Chapter 963
(House Bill 1244)
AN ACT concerning
Maryland Higher Education Commission – Academic Program Approval and
Institutional Mission Statements – Requirements
FOR the purpose of requiring the Maryland Department of Labor, the Department of
Commerce, and the Maryland Higher Education Commission to each have a certain
staff member who performs perform certain duties related to defining, identifying,
and compiling data regarding the workforce needs in the State and who works work
collaboratively across certain agencies in a certain manner; altering certain
requirements for the State Plan of Higher Education; requiring the Commission to
establish a Program Review Process Advisory Council; altering certain requirements
regarding the Commission’s academic program approval process; requiring the
Commission to develop and publish on its website on or before a certain date an
administrative procedures guide for the Commission’s program review process;
requiring the Commission to conduct a review of certain approved programs that
were subject to an objection of a historically Black college or university; requiring
certain institutions of higher education to submit to the Commission a certain letter
of intent regarding intended new graduate programs; establishing the Proposed
Programs Collaborative Grant Fund to award grants to certain public institutions of
higher education that collaborate to establish and implement new academic
graduate programs; authorizing the Commission to develop a program review
process for certain online programs in a certain manner; authorizing the Commission
or an institution of higher education to file an objection to implementation of a
proposed online program under certain circumstances; providing that academic
program proposals for certain graduate level programs may be proposed and
implemented only by certain institutions, except under certain circumstances;
altering requirements for the Commission’s review and approval of the mission
statements of public institutions of higher education; requiring the Commission, in
collaboration with institutions of higher education, to evaluate the process for
reviewing academic program proposals for a certain purpose and to review the
standard for triggering a review of a substantial modification to an existing academic
program; requiring the Commission to update the State Plan for Higher Education
on or before a certain date; and generally relating to academic program approval,
institutional mission statements, and the Maryland Higher Education Commission.
BY renumbering
Article – Education
Section 11–105(a) through (x), 11–105(a) through (x), 11–206.2, 11–206.3, and
11–206.4
to be Section 11–105(b) through (y), 11–206.5, 11–206.6, and 11–206.7 11–105(b)
through (y), 11–206.6, 11–206.7, and 11–206.8 11–206.6, 11–206.7, and
11–206.8, respectively Ch. 963 2024 LAWS OF MARYLAND
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Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Business Regulation
Section 1–101(a) and (f)
Annotated Code of Maryland
(2015 Replacement Volume and 2023 Supplement)
BY adding to
Article – Business Regulation
Section 2–103.2
Annotated Code of Maryland
(2015 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Economic Development
Section 1–101(a) and (c)
Annotated Code of Maryland
(2018 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Economic Development
Section 2.5–106(17) and (18)
Annotated Code of Maryland
(2018 Replacement Volume and 2023 Supplement)
BY adding to
Article – Economic Development
Section 2.5–106(19)
Annotated Code of Maryland
(2018 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Education
Section 11–104, 11–105(b)(2) and (3), 11–105(b)(2) and (3), 11–106, 11–206,
11–206.1, and 11–302
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY adding to
Article – Education
Section 11–105(a), 11–105(a), 11–206.2, 11–206.3, and and 11–206.4, and 11–206.5,
and 11–206.5
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement) WES MOORE, Governor Ch. 963
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BY repealing and reenacting, with amendments,
Article – Education
Section 11–105(c)(2) and (3)
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
(As enacted by Section 1 of this Act)
BY repealing and reenacting, with amendments,
Article – Education
Section 11–105(c)(2) and (3)
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
(As enacted by Section 1 of this Act)
BY repealing and reenacting, without amendments,
Article – State Finance and Procurement
Section 6–226(a)(2)(i)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – State Finance and Procurement
Section 6–226(a)(2)(ii)189. and 190.
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY adding to
Article – State Finance and Procurement
Section 6–226(a)(2)(ii)191.
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That Section(s) 11–105(a) through (x), 11–105(a) through (x), 11–206.2, 11–206.3, and
11–206.4 of Article – Education of the Annotated Code of Maryland be renumbered to be
Section(s) 11–105(b) through (y), 11–206.5, 11–206.6, and 11–206.7 11–105(b) through (y),
11–206.6, 11–206.7, and 11–206.8 11–206.6, 11–206.7, and 11–206.8, respectively.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Business Regulation
1–101.
Ch. 963 2024 LAWS OF MARYLAND
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(a) In this article the following words have the meanings indicated.
(f) “Department” means the Maryland Department of Labor.
2–103.2.
THE DEPARTMENT SHALL HAVE AT LEAST ONE FULL –TIME STAFF MEMBER
WHO IS RESPONSIBLE F OR:
(1) DEFINING, IDENTIFYING, AND COMPILING DATA O N STATE AND
REGIONAL WORKFORCE N EEDS; AND
(2) WORKING COLLABORATIV ELY WITH THE DEPARTMENT OF
COMMERCE AND THE MARYLAND HIGHER EDUCATION COMMISSION TO PRODUCE
UNIFORM AND CONSISTE NT BASELINE DATA , INCLUDING COMMON SOU RCES AND
MEASUREMENTS , ABOUT WORKFORCE NEED S TO INFORM STATE POLICIES
RELATING TO POSTSECO NDARY EDUCATION .
Article – Economic Development
1–101.
(a) In this division the following words have the meanings indicated.
(c) “Department” means the Department of Commerce.
2.5–106.
The Department shall:
(17) facilitate regular meetings among its regional experts, financial
incentive team, and tourism development team to determine the success in meeting overall
economic development strategic goals and in addressing the economic development needs
of each region; [and]
(18) work with community colleges to enhance the role of community
colleges in providing workforce training services, including industry–specific education and
training in response to the needs of the State; AND
(19) HAVE AT LEAST ONE FU LL–TIME STAFF MEMBER WHO IS
RESPONSIBLE FOR :
(I) DEFINING, IDENTIFYING, AND COMPILING DEFINE,
IDENTIFY, AND COMPILE DATA ON STATE AND REGIONAL WO RKFORCE NEEDS ; AND
WES MOORE, Governor Ch. 963
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(II) WORKING WORK COLLABORATIVELY WITH THE MARYLAND
DEPARTMENT OF LABOR AND THE MARYLAND HIGHER EDUCATION COMMISSION
TO PRODUCE UNIFORM A ND CONSISTENT BASELI NE DATA, INCLUDING COMMON
SOURCES AND MEASUREM ENTS, ABOUT WORKFORCE NEED S TO INFORM STATE
POLICIES RELATING TO POSTSECONDARY EDUCAT ION.
Article – Education
11–104.
(a) The Governor shall appoint, with the advice and consent of the Senate, a
Secretary of Higher Education.
(b) (1) The Secretary shall:
(i) Select, organize, and direct the staff of the Commission;
(ii) Perform the duties the Commission assigns;
(iii) See that the policies and decisions of the Commission are carried
out;
(iv) Serve at the pleasure of the Governor; and
(v) Be a member of the Governor’s Executive Council.
(2) (i) After consideration of the recommendations of the Commission,
the Governor shall include in the annual budget request the salary for the Secretary.
(ii) The Secretary is entitled to the salary provided in the State
budget.
(c) (1) The Secretary may hire the additional staff provided in the State
budget.
(2) THE SECRETARY SHALL HAVE AT L EAST ONE FULL –TIME STAFF
MEMBER WHO IS RESPON SIBLE FOR:
(I) DEFINING, IDENTIFYING, AND COMPILING DATA O N STATE
AND REGIONAL WORKFOR CE NEEDS; AND
(II) WORKING COLLABORATIVE LY WITH THE DEPARTMENT OF
COMMERCE AND THE MARYLAND DEPARTMENT OF LABOR TO PRODUCE UNIF ORM
AND CONSISTENT BASEL INE DATA, INCLUDING COMMON SOU RCES AND Ch. 963 2024 LAWS OF MARYLAND
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MEASUREMENTS , ABOUT WORKFORCE NEED S TO INFORM STATE POLICIES
RELATING TO POSTSECO NDARY EDUCATION.
(d) (1) Each employee of the Commission shall join the Teachers’ Pension
System of the State of Maryland or the Employees’ Pension System of the State of
Maryland.
(2) Any employee of the Commission who is determined by the Secretary
to hold a professional position may join the optional retirement program under Title 30 of
the State Personnel and Pensions Article.
11–105.
(A) (1) IN THIS SECTION , “EMERGING WORKFORCE N EED PROGRAM ”
MEANS A GRADUATE LEV EL PROGRAM IDENTIFIE D BY THE COMMISSION UNDER
SUBSECTION (B)(2)(I)1 OF THIS SECTION THAT :
(I) NO INSTITUTION OF HIG HER EDUCATION IN THE STATE
OFFERS;
(II) ADDRESSES A JOB OR IN DUSTRY NEED THAT IS
INNOVATIVE, UNIQUE, AND RARE; AND
(III) COULD LEVERAGE FEDERA L, STATE, OR PR IVATE
RESOURCES ON A LONG –TERM BASIS WITH IMME DIATE DEVELOPMENT BY AN
INSTITUTION OF HIGHE R EDUCATION.
(2) “EMERGING WORKFORCE NE ED PROGRAM ” DOES NOT MEAN A
SPECIFIC ACADEMIC PR OGRAM IDENTIFIED BY THE COMMISSION TO FULFILL OR
SUPPORT AN IDENTIFIE D CURRENT STATE AND REGIONAL WO RKFORCE NEED .
(b) (c) (b) (2) (i) In consultation with the governing boards and agencies
concerned with postsecondary education in the State, the Commission shall develop and
periodically update an overall plan consistent with the Charter, known as the State Plan
for Higher Education, that shall identify:
1. The present and future needs for postsecondary education
and research throughout the State, INCLUDING CURRENT AN D EMERGING STATE AND
REGIONAL WORKFORCE N EEDS AND ANY SP ECIFIC ACADEMIC PROG RAMS
INSTITUTIONS COULD D EVELOP TO FULFILL OR SUPPORT IDENTIFIED C URRENT
STATE AND REGIONAL WO RKFORCE NEEDS AND AN Y EMERGING WORKFORCE NEED
PROGRAMS IN ACCORDANCE WITH S UBPARAGRAPH (IV) OF THIS PARAGRAPH ;
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2. The present and future capabilities of the different
institutions and segments of postsecondary education in the State, INCLUDING ANY
SPECIFIC ACADEMIC PR OGRAMS PARTICULAR IN STITUTIONS COULD DEV ELOP TO
FULFILL OR SUPPORT I DENTIFIED WORKFORCE NEEDS, INCLUDING ANY SPECIFIC
ACADEMIC PROGRAMS PA RTICULAR INSTITUTION S COULD DEVELOP TO FULFILL OR
SUPPORT IDENTIFIED W ORKFORCE NEEDS ; and
3. The long–range and short–range objectives and priorities
for postsecondary education and methods and guidelines for achieving and maintaining
them.
(ii) The Commission shall ensure that the State Plan for Higher
Education complies with the State’s equal educational opportunity obligations under State
and federal law, including Title VI of the Civil Rights Act.
(iii) In developing the State Plan for Higher Education, the
Commission shall incorporate the goals and priorities for higher education identified in this
Division III and, for the University System of Maryland, including those identified in §§
10–209 and 12–106 of this article FOR ALL PUBLIC INSTI TUTIONS OF HIGHER
EDUCATION.
(IV) IN IDENTIFYING STATE AND REGIONAL WO RKFORCE NEEDS
FOR THE STATE PLAN FOR HIGHER EDUCATION, THE COMMISSION SHALL :
1. USE THE UNIFORM AND C ONSISTENT BASELINE D ATA,
INCLUDING COMMON SOURCES AND M EASUREMENTS , ABOUT WORKFORCE NEED S
DEVELOPED IN COLLABO RATION WITH THE DEPARTMENT OF COMMERCE AND THE
MARYLAND DEPARTMENT OF LABOR;
2. CONSULT, AS NECESSARY , WITH OTHER STATE
AGENCIES WITH UNIQUE EXPERTISE IN SPECIFI C WORKFORCE SEG MENTS,
INCLUDING THE MARYLAND LONGITUDINAL DATA SYSTEM CENTER,
OCCUPATIONAL LICENSI NG BOARDS, AND NATIONAL ORGANIZ ATIONS;
3. USE DATA FROM RESOURC ES AND LITERATURE
RELATING TO SPECIFIC OCCUPATIONS ; AND
4. PROVIDE ALL INSTITUTI ONS OF HIGHER EDUCA TION
IN THE STATE WITH ACCESS TO THIS BASELINE DATA .
(V) THE COMMISSION SHALL UPDA TE THE WORKFORCE NEE DS
IDENTIFIED IN THE MO ST RECENT VERSION OF THE STATE PLAN FOR HIGHER
EDUCATION EACH YEAR A S AN APPENDIX TO THE PLAN AND POST THE UP DATE ON
THE COMMISSION’S WEBSITE. Ch. 963 2024 LAWS OF MARYLAND
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(3) (i) The Commission shall submit to the Governor and, subject to §
2–1257 of the State Government Article, to the General Assembly a quadrennial review of
the plan by July 1, 2009, and by July 1 of each fourth year thereafter.
(ii) The quadrennial review shall include a report on the status and
needs of postsecondary education in the State.
(III) BEGINNING WITH THE QU ADRENNIAL REVIEW OF THE
STATE PLAN FOR HIGHER EDUCATION DUE BY JULY 1, 2026, THE COMMISSION
SHALL SUBMIT THE PRO POSED PLAN TO THE LEGISLATIVE POLICY COMMITTEE FOR
REVIEW AND COMMENT B EFORE ADOPTION BY TH E COMMISSION.
11–105.
(A) (1) IN THIS SECTION , “EMERGING WORKFORCE N EED PROGRAM ”
MEANS A GRADUATE LEV EL PROGRAM IDENTIFIE D BY THE COMMISSION IN THE
STATE PLAN FOR HIGHER EDUCATION OR EACH ANN UAL UPDATE TO THE
WORKFORCE NEEDS AS A N APPENDIX TO THE PLAN UNDER SUBSECTION (C)(2)(I)1
OF THIS SECTION THAT :
(I) NO INSTITUTION OF HIG HER EDUCATION IN THE STATE
OFFERS;
(II) ADDRESSES A JOB OR IN DUSTRY NEED THAT IS
INNOVATIVE, UNIQUE, AND RARE; AND
(III) COULD LEVERAGE FEDERA L, STATE, OR PRIVATE
RESOURCES ON A LONG –TERM BASIS WITH IMME DIATE DEVELOPMENT BY AN
INSTITUTION OF HIGHE R EDUCATION.
(2) “EMERGING WORKFORCE NE ED PROGRAM” DOES NOT MEAN A
SPECIFIC ACADEMIC PR OGRAM IDENTIFIED BY THE COMMISSION TO FULFILL OR
SUPPORT AN IDENTIFIE D CURRENT STATE AND REGIONAL WO RKFORCE NEED .
(c) (2) (i) In consultation with the governing boards and agencies concerned
with postsecondary education in the State, the Commission shall develop and periodically
update an overall plan consistent with the Charter, known as the State Plan for Higher
Education, that shall identify:
1. The present and future needs for postsecondary education
and research throughout the State, INCLUDING CURRENT AN D EMERGING STATE AND
REGIONAL WORKFORCE N EEDS IN ACCORDANCE WITH S UBPARAGRAPH (IV) OF THIS
PARAGRAPH ; WES MOORE, Governor Ch. 963
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2. The present and future capabilities of the different
institutions and segments of postsecondary education in the State, AND ANY SPECIFIC
ACADEMIC PROGRAMS IN STITUTIONS COULD DEV ELOP TO FULFILL OR S UPPORT
IDENTIFIED CURRENT STATE AND REGIONAL WO RKFORCE NEEDS AND AN Y
EMERGING WORKFORCE N EED PROGRAMS ; and
3. The long–range and short–range objectives and priorities
for postsecondary education and methods and guidelines for achieving and maintaining
them.
(ii) The Commission shall ensure that the State Plan for Higher
Education complies with the State’s equal educational opportunity obligations under State
and federal law, including Title VI of the Civil Rights Act.
(iii) In developing the State Plan for Higher Education, the
Commission shall incorporate the goals and priorities for higher education [identified in
this Division III and, for the University System of Maryland, including those identified in
§§ 10–209 and 12–106 of this article] FOR ALL PUBLIC INSTI TUTIONS OF HIGHER
EDUCATION.
(IV) IN IDENTIFYING STATE AND REGIONAL WO RKFORCE NEEDS
AND EMERGING WORKFOR CE NEED PROGRAMS FOR THE STATE PLAN FOR HIGHER
EDUCATION, THE COMMISSION SHALL :
1. USE THE UNIFORM AND C ONSISTENT BASELINE D ATA,
INCLUDING COMMON SOU RCES AND MEASUREMENT S, ABOUT WORKFORCE NEED S
DEVELOPED IN COLLABO RATION WITH THE DEPARTMENT OF COMMERCE AND TH E
MARYLAND DEPARTMENT OF LABOR;
2. CONSULT, AS NECESSARY , WITH OTHER STATE
AGENCIES WITH UNIQUE EXPERTISE IN SPECIFI C WORKFORCE SEGMENTS ,
INCLUDING THE MARYLAND LONGITUDINAL DATA SYSTEM CENTER,
OCCUPATIONAL LICENSI NG BOARDS, AND NATIONAL ORGANIZ ATIONS;
3. USE DATA FROM RESOURC ES AND LITERATURE
RELATING TO SPECIFIC OCCUPATIONS ;
4. PROVIDE ALL INSTITUTI ONS OF HIGHER EDUCAT ION
IN THE STATE WITH ACCESS TO THIS BASELINE DATA ; AND
5. CONSULT WITH EACH SEG MENT OF HIGHER
EDUCATION.
Ch. 963 2024 LAWS OF MARYLAND
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(V) THE COMMISSION SHALL UPDA TE THE WORKFORCE NEE DS
IDENTIFIED IN THE MO ST RECENT VERSION OF THE STATE PLAN FOR HIGHER
EDUCATION EACH YEAR A S AN APPENDIX TO THE PLAN AND POST THE UPD ATE ON
THE COMMISSION’S WEBSITE.
(3) (i) The Commission shall submit to the Governor and, subject to §
2–1257 of the State Government Article, to the General Assembly a quadrennial review of
the plan by July 1, 2009, and by July 1 of each fourth year thereafter.
(ii) The quadrennial review shall include a report on the status and
needs of postsecondary education in the State.
(III) BEGINNING WITH THE QU ADRENNIAL REVIEW OF THE
STATE PLAN FOR HIGHER EDUCATION DUE BY JULY 1, 2026, AND EACH ANNUAL
UPDATE TO THE WORKFO RCE NEEDS AS AN APPE NDIX TO THE PLAN UNDER
PARAGRAPH (2)(V) OF THIS SUBSECTION , THE COMMISSION SHALL SUBM IT THE
PROPOSED PLAN , OR UPDATE TO THE PLA N, TO THE LEGISLATIVE POLICY
COMMITTEE FOR REVIEW AND COMMENT BEFORE A DOPTION BY THE COMMISSION.
11–106.
(a) (1) The Commission shall establish:
(i) A Faculty Advisory Council;
(ii) A Student Advisory Council;
(iii) A Segmental Advisory Council;
(iv) A Financial Assistance Advisory Council;
(v) A Maryland Digital Library Advisory Council; [and]
(vi) A Private Career School Advisory Council; AND
(VII) A PROGRAM REVIEW PROCESS ADVISORY COUNCIL.
(2) These Councils shall meet periodically for the purpose of reviewing such
matters as are referred by the Commission or the Secretary for their consideration and
advice.
(3) The Councils may make reports and recommendations to the
Commission.
WES MOORE, Governor Ch. 963
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(b) (1) The Commission may appoint continuing advisory committees that
represent various groups in the higher education community.
(2) Advisory committees may make recommendations to the Commission
on matters of statewide importance that affect their constituencies.
11–206.
(a) This section does not apply to:
(1) New programs proposed to be implemented by public and private
nonprofit institutions of higher education using existing program resources in accordance
with § 11–206.1 of this subtitle;
(2) Programs offered by institutions of higher education that operate in the
State without a certificate of approval in accordance with § 11–202.1(b) of this subtitle; and
(3) The Cyber Warrior Diversity Program established under Subtitle 14 of
this title.
(b) (1) Prior to SUBJECT TO § 11–206.5 OF THIS SUBTITLE , PRIOR PRIOR
SUBJECT TO § 11–206.5 OF THIS SUBTITLE , PRIOR TO the proposed date of
implementation, the governing body of an institution of postsecondary education shall
submit to the Commission each proposal for:
(i) A new program; or
(ii) A substantial modification of an existing program.
(2) The Commission shall review each such proposal and:
(i) With respect to each public institution of postsecondary
education, either approve or disapprove the proposal;
(ii) Except as provided in § 16–108(c) of this article, with respect to
each private nonprofit or for–profit institution of higher education, either recommend that
the proposal be implemented or that the proposal not be implemented; and
(iii) With respect to a private career school, either approve or
disapprove the proposal.
(3) If the Commission fails to act within 60 days of the date of submission
of the completed proposal, the proposal shall be deemed approved.
Ch. 963 2024 LAWS OF MARYLAND
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(4) Except as provided in paragraph (3) of this subsection, a public
institution of postsecondary education and private career school may not implement a
proposal without the prior approval of the Commission.
(5) (i) Except as provided in paragraph (3) of this subsection, and
subject to subparagraph (ii) of this paragraph, a program that has not received a positive
recommendation by the Commission may be implemented by:
1. Subject to the provisions of § 17–105 of this article, a
private nonprofit institution of higher education; or
2. A for–profit institution of higher education.
(ii) If a private nonprofit or for–profit institution of higher education
implements a proposal despite the recommendation from the Commission that a program
not be implemented, the institution shall notify both prospective students of the program
and enrolled students in the program that the program has not been recommended for
implementation by the Commission.
(6) (i) If the Commission disapproves a proposal, the Commission shall
provide to the governing body that submits the proposal a written explanation of the
reasons for the disapproval.
(ii) After revising a proposal to address the Commission’s reasons for
disapproval, the governing body may submit the revised proposal to the Commission for
approval.
(c) (1) Prior to discontinuation, each institution of postsecondary education
that proposes to discontinue an existing program shall provide written notification to the
Commission specifying:
(i) The name of the program; and
(ii) The expected date of discontinuation.
(2) By rule or regulation, the Commission may require the payment by a
private career school of a refund to any student or enrollee who, because of the
discontinuation of an ongoing program, is unable to complete such program.
(d) The Commission shall review and make recommendations on programs in
private nonprofit and for–profit institutions of higher education.
(e) (1) In this subsection, “governing board” includes the board of trustees of a
community college.
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(2) (I) The Commission shall adopt regulations establishing standards
for determining whether [2] TWO or more programs are unreasonably OR
UNNECESSARILY duplicative.
(II) THE REGULATIONS SHALL :
1. CLEARLY IDENTIFY ALL SPECIFIC CRITERIA AN D
FACTORS USED BY THE COMMISSION TO DETERMI NE WHETHER TWO OR MO RE
PROGRAMS ARE UNREASO NABLY OR UNNECESSARILY DUPLICATIVE;
2. PRIORITIZE MEETING STATE AND REGIONAL
WORKFORCE NEEDS AND PRESERVING EXISTING PROGRAMS THAT ARE AB LE TO
MEET THESE WORKFORCE NEEDS; AND
3. PRIORITIZE COLLABORAT ION BETWEEN
INSTITUTIONS OF HIGH ER EDUCATION .
(3) The Commission may review existing programs at public institutions of
postsecondary education if the Commission has reason to believe that academic programs
are unreasonably OR UNNECESSARILY duplicative or inconsistent with an institution’s
adopted mission.
(4) The Commission may make a determination that an unreasonable OR
UNNECESSARY duplication of programs exists on its own initiative or after receipt of a
request for determination from any directly affected public institution of postsecondary
education.
(5) (i) If the Commission makes a determination under paragraph (4)
of this subsection the Commission may:
1. Make recommendations to a governing board on the
continuation or modification of the programs;
2. Require any affected governing board to submit a plan to
resolve the duplication; and
3. Negotiate, as necessary, with any affected governing
board until the unreasonable OR UNNECESSARY duplication is eliminated.
(ii) Notwithstanding the provisions of subparagraph (i) of this
paragraph, if the Commission determines that [2] TWO or more existing programs offered
by institutions under the governance of different governing boards are unreasonably OR
UNNECESSARILY duplicative, the governing boards of the institutions of postsecondary
education at which the programs are offered shall have 180 days from the date of the Ch. 963 2024 LAWS OF MARYLAND
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Commission’s determination to formulate and present to the Commission a joint plan to
eliminate the duplication.
(iii) If in the Commission’s judgment the plan satisfactorily
eliminates the duplication, the governing board of the affected institutions shall be so
notified and shall take appropriate steps to implement the plan.
(iv) If in the Commission’s judgment the plan does not satisfactorily
eliminate the duplication, or if no plan is jointly submitted within the time period specified
in paragraph (6) of this subsection, the governing board of the affected institutions shall be
so notified. The Commission may then seek to eliminate the duplication by revoking the
authority of a public institution of postsecondary education to offer the unreasonably OR
UNNECESSARILY duplicative program.
(6) (i) Prior to imposing a sanction under paragraph (5) of this
subsection, the Commission shall give notice of the proposed sanction to the governing
board of each affected institution.
(ii) 1. Within 20 days of receipt of the notice, any affected
institution may request an opportunity to meet with the Commission and present
objections.
2. If timely requested, the Commission shall provide such
opportunity prior to the Commission’s decision to impose a sanction.
(iii) The Commission’s decision shall be final and is not subject to
further administrative appeal or judicial review.
11–206.1.
(a) (1) In this section the following words have the meanings indicated.
(2) “Private nonprofit institution of higher education” has the meaning
stated in § 10–101(k) of this article.
(3) “Public institution of higher education” means:
(i) A public senior higher education institution; and
(ii) A community college.
(b) (1) A SUBJECT TO § 11–206.5 OF THIS SUBTITLE , A A SUBJECT TO §
11–206.5 OF THIS SUBTITLE, A president of a public institution of higher education may
propose to establish a new program or abolish an existing program if the action:
WES MOORE, Governor Ch. 963
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(i) Is consistent with the institution’s adopted mission statement
under Subtitle 3 of this title; and
(ii) Can be implemented within the existing program resources of
the institution.
(2) A SUBJECT TO § 11–206.5 OF THIS SUBTITLE , A A SUBJECT TO §
11–206.5 OF THIS SUBTITLE , A president of a private nonprofit institution of higher
education may propose to establish a new program if the action:
(i) Is consistent with the mission statement published in the official
catalog of the private nonprofit institution; and
(ii) Can be implemented within the existing resources of the
institution.
(3) The president of a public institution of higher education shall report
any programs that are proposed to be established or abolished in accordance with
paragraph (1) of this subsection to:
(i) The institution’s governing board; and
(ii) The Maryland Higher Education Commission.
(4) The president of a private nonprofit institution of higher education
shall report any programs that are proposed to be established in accordance with paragraph
(2) of this subsection to the Commission.
(5) Upon receipt of a proposed new program, the Commission shall notify
all other institutions of higher education in the State.
(c) The governing board of a public institution of higher education shall:
(1) Review the actions taken under subsection (b) of this section;
(2) Ensure that any new program proposed to be established by a
president:
(i) Is consistent with the institution’s approved mission statement
under Subtitle 3 of this title;
(ii) Meets a regional or statewide need consistent with the
[Maryland] State Plan for [Postsecondary] HIGHER Education;
(iii) Meets criteria for the quality of new programs, developed in
consultation with the Commission; and Ch. 963 2024 LAWS OF MARYLAND
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(iv) Can be implemented within the existing program resources of
the institution, verified by a process established in consultation with the Commission.
(d) The Board of Regents of the University System of Maryland shall approve the
proposed new program within 60 days if the program meets the criteria in subsection (c)(2)
of this section, subject to the provisions of subsections (e) and (f) of this section.
(e) (1) Within 30 days of receipt of a notice of an institution’s intent to
[establish] SUBMIT a new program TO THE COMMISSION in accordance with subsection
(b) of this section, the Commission may file, or the institutions of higher education in the
State may file with the Commission, an objection to implementation of a proposed
GRADUATE program provided the objection is based on:
[(1)] (I) Inconsistency of the proposed program with the institution’s
approved mission for a public institution of higher education and the mission statement
published in the official catalog of a private nonprofit institution of higher education;
[(2)] (II) Not meeting a regional or statewide need consistent with the
[Maryland] State Plan for [Postsecondary] HIGHER Education;
[(3)] (III) Unreasonable program duplication which would cause
demonstrable harm to another institution THE STATE OR STUDENTS ATT ENDING
INSTITUTIONS OF HIGH ER EDUCATION IN THE STATE; or
[(4)] (IV) [Violation] UNNECESSARY PROGRAM D UPLICATION IN
VIOLATION of the State’s equal educational opportunity obligations under State and
federal law.
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE
COMMISSION SHALL ADOP T REGULATIONS ON PRO CEDURES FOR CONDUCTI NG AN
ANALYSIS OF THE OBJECTIONS DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION
THAT:
(I) CLEARLY IDENTIFY ALL OF THE SPECIFIC CRIT ERIA AND
FACTORS USED BY THE COMMISSION; AND
(II) FOR AN OBJECTION UNDE R PARAGRAPH (1)(III) OF THIS
SUBSECTION, USE A SET OF BASELIN E DATA AND COMMON SOURCES A ND THAT
PRIORITIZE:
1. MEETING STATE AND REGIONAL WO RKFORCE NEEDS ;
WES MOORE, Governor Ch. 963
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2. PRESERVING EXISTING P ROGRAMS THAT ARE ABL E
TO MEET STATE AND REGIONAL WO RKFORCE NEEDS ; AND
3. COLLABORATION BETWEEN INSTITUTIONS OF
HIGHER EDUCATION .
(3) THE COMMISSION, JOINTLY IN CONSULTATION WITH THE
ATTORNEY GENERAL, SHALL ADOPT REGULATI ONS FOR STANDARDS FO R
CONDUCTING AN ANALYS IS OF AN OBJECTION U NDER PARAGRAPH (1)(IV) OF THIS
SUBSECTION.
(f) (1) If an objection is filed under subsection (e) of this section by the
Commission or an institution within 30 days of receipt of a notice of an institution’s intent
to establish a new program, the Commission shall immediately notify the institution’s
governing board and president.
(2) The Commission shall determine if an institution’s objection is justified
based on the criteria in subsection (e) of this section.
(3) An objection shall be accompanied by detailed information supporting
the reasons for the objection.
(4) If the Commission determines that an objection is justified, the
Commission shall negotiate with the institution’s governing board and president to modify
the proposed program in order to resolve the objection.
(5) If the objection cannot be resolved within 30 days of receipt of an
objection, the Commission shall make a final determination on approval of the new program
for a public institution of higher education or a final recommendation on implementation
for a private nonprofit institution of higher education.
(G) A HEARING FOR REVIEW O F THE COMMISSION’S SECRETARY’S
DETERMINATION OF AN INSTITUTION’S OBJECTION UNDER SU BSECTION (F) OF THIS
SECTION SHALL :
(1) BE CONDUCTED IN OPEN SESSION, INCLUDING DISCUSSION S AND
ANY FORMAL ACTION TA KEN BY THE COMMISSION;
(2) ALLOW EACH PARTY , INCLUDING THE SECRETARY, THE
PROPOSING INSTITUTIO N, AND THE OBJECTING IN STITUTION, TO HAVE NOT LESS
THAN 10 MINUTES TO PRESENT T HEIR POSITIONS REGAR DING THE
DETERMINATION , WITHOUT INTERRUPTION ; AND
(3) REQUIRE THE APPROVAL OF A MAJORITY OF THE MEMBERS THEN
SERVING ON THE COMMISSION. Ch. 963 2024 LAWS OF MARYLAND
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(H) (1) ON OR BEFORE JANUARY 1, 2025, THE COMMISSION SHALL
DEVELOP AND PUBLISH ON ITS WEBSITE AN AD MINISTRATIVE PROCEDU RES GUIDE
FOR THE COMMISSION’S PROGRAM REVIEW PRO CESS DEVELOPED UNDER THIS
SECTION.
(2) THE COMMISSION SHALL UPDA TE THE ADMINISTRATIV E
PROCEDURES GUIDE AT LEAST ONCE EACH YEAR .
[(g)] (I) (1) The Commission shall:
(i) Identify programs established under subsection (b) of this section
that are inconsistent with the State Plan for Higher Education; and
(ii) Identify low productivity programs at public institutions of
higher education.
(2) If the Commission identifies any programs that meet the criteria set
forth in paragraph (1) of this subsection, the Commission shall notify the president of the
institution.
(3) If the Commission notifies a president of an institution under
paragraph (2) of this subsection, within 60 days the president of the institution shall
provide to the Commission in writing:
(i) An action plan to abolish or modify the program; or
(ii) Justification for the continuation of the program.
[(h)] (J) The Commission and the governing boards of the public institutions of
higher education shall jointly develop a definition and accepted criteria for determining low
productivity programs.
[(i)] (K) The Commission shall:
(1) Monitor the program development and review process established
under this section;
(2) Report annually to the Governor and, in accordance with § 2–1257 of
the State Government Article, the General Assembly on the nature and extent of any
duplication or proliferation of programs; and
(3) Make available a copy of the report under item (2) of this subsection to
the public institutions of higher education and the private nonprofit institutions of higher
education. WES MOORE, Governor Ch. 963
– 19 –
11–206.2.
(A) BEGINNING IN JANUARY 2025 ON OR BEFORE JANUARY 1, 2025, AND
EACH JANUARY 1 THEREAFTER , THE COMMISSION SHALL REVI EW EACH ACADEMIC
PROGRAM THAT HAS BEE N RECENTLY APPROVED AND EACH ACADEMIC PR OGRAM
THAT HAS BEEN APPROV ED IN THE 4 4 IMMEDIATELY PRECEDIN G SCHOOL YEARS
YEAR YEARS THAT WAS SUBJECT TO AN OBJECTION OF A HI STORICALLY BLACK
COLLEGE OR UNIVERSIT Y, AS DESCRIBED IN § 10–214 OF THIS ARTICLE , TO
DETERMINE WHETHER TH E HISTORICALLY BLACK COLLEGE OR UNIVERSITY, THE
STATE, OR STUDENTS ATTENDIN G INSTITUTIONS OF HI GHER EDUCATION IN TH E
STATE SUFFERED DEMONSTRABLE HARM RESULTING FROM APPROVAL OF THE
PROGRAM.
(B) ON OR BEFORE SEPTEMBER 1, 2025, AND EVERY 4 YEARS EACH
SEPTEMBER 1 THEREAFTER , THE COMMISSION SHALL REPORT ITS FINDINGS
UNDER SUBSECTION (A) OF THIS SECTION, IN ACCORDANCE WITH § 2–1257 OF THE
STATE GOVERNMENT ARTICLE, TO THE SENATE EDUCATION, ENERGY, AND THE
ENVIRONMENT COMMITTEE AND THE HOUSE APPROPRIATIONS COMMITTEE.
11–206.3.
(A) IN THIS SECTION, “INSTITUTION” MEANS A:
(1) A A PUBLIC SENIOR HIGHER EDUCATION INSTITUTIO N; OR
(2) A PRIVATE NONPROFIT IN STITUTION OF HIGHER EDUCATION.
(B) (1) BEGINNING JANUARY 1, 2025, THE COMMISSION SHALL REQU IRE
EACH INSTITUTION TO SUBMIT A LETTER OF I NTENT TO THE COMMISSION THAT
IDENTIFIES EACH NEW GRADUATE LEVEL PROGR AM THAT AN INSTITUTI ON INTENDS
TO PROPOSE FOR APPRO VAL UNDER § 11–206 OR § 11–206.1 OF THIS SUBTITLE.
(2) THE COMMISSION SHALL REQU IRE EACH INSTITUTION TO SUBMIT
A LETTER OF INTENT E VERY 6 MONTHS.
(3) THE LETTER OF INTENT SHALL INCLUDE ALL NE W GRADUATE
PROGRAMS THE INSTITU TION INTENDS TO PROP OSE WITHIN THE 6–MONTH TO
2–YEAR TIME PERIOD F OLLOWING SUBMISSION OF THE LETTER OF INT ENT.
(C) THE COMMISSION SHALL USE A LETTER OF INTENT S UBMITTED BY AN
INSTITUTION UNDER TH IS SECTION:
(1) TO FACILITATE COLLABO RATION BETWEEN INSTI TUTIONS; AND Ch. 963 2024 LAWS OF MARYLAND
– 20 –
(2) TO PROVIDE FEEDBACK T O AN INSTITUTION BEF ORE THE
INSTITUTION SUBMITS THE NEW PROGRAM TO T HE COMMISSION FOR APPROV AL,
INCLUDING ANY COMMISSION CONCERNS R EGARDING UNREASONABL E OR
UNNECESSARY PROGRAM DUPLICATION.
(D) THE COMMISSION MAY NOT US E A LETTER OF INTENT TO ESTABLISH
ANY PREFERENCE OR PR IORITY FOR APPROVAL OF A PROGRAM PROPOSA L.
(E) (1) THE SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
COMMISSION SHALL ESTA BLISH REQUIREMENTS F OR SUBMITTING A LETT ER OF
INTENT UNDER THIS SE CTION, INCLUDING THE FO RMAT, DEADLINES, AND REVIEW
CRITERIA OF THE LETT ERS.
(2) THE COMMISSION SHALL CIRC ULATE EACH LETTER OF INTENT
SUBMITTED BY AN INST ITUTION AMONG EACH I NSTITUTION, BUT MAY NOT POST AN
INSTITUTION’S LETTER OF INTENT P UBLICLY.
(F) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
THE COMMISSION MAY APPROV E A PROGRAM PROPOSAL SUBMITTED UNDER §
11–206 OR § 11–206.1 OF THIS SUBTITLE ONL Y IF THE INSTITUTION HAS INCLUDED
THE PROGRAM IN A LET TER OF INTENT SUBMIT TED TO THE COMMISSION.
(2) (I) THE COMMISSION MAY APPROV E A NEW PROGRAM
PROPOSED BY AN INSTI TUTION UNDER § 11–206 OR § 11–206.1 OF THIS SUBTITLE
THAT WAS NOT INCLUDE D IN A LETTER OF INT ENT IF THE INSTITUTI ON SUBMITS
PROOF SATISFACTORY T O THE COMMISSION:
1. OF THE EXIGENT CIRCUMSTANCES LE ADING TO THE
DEVELOPMENT OF THE P ROPOSED PROGRAM ; AND
2. THAT THE BENEFIT OF T HE PROGRAM TO THE STATE
OR REGION OUTWEIGHS THE STATE’S INTEREST IN REASON ABLE PUBLIC NOTICE
AND INSTITUTIONAL CO LLABORATION .
(II) THE COMMISSION SHA LL ESTABLISH OBJECTI VE
STANDARDS AND A FAIR AND TRANSPARENT PROC ESS FOR CONSIDERATIO N AND
APPROVAL OF A PROPOS ED PROGRAM UNDER SUB PARAGRAPH (I) OF THIS
PARAGRAPH .
(G) (1) IN THIS SUBSECTION , “FUND” MEANS THE PROPOSED PROGRAMS
COLLABORATIVE GRANT FUND.
WES MOORE, Governor Ch. 963
– 21 –
(2) THERE IS A PROPOSED PROGRAMS COLLABORATIVE GRANT
FUND.
(3) THE PURPOSE OF THE FUND IS TO PROVIDE FI NANCIAL
ASSISTANCE TO INCENT IVIZE INSTITUTIONS O F HIGHER EDUCATION T O
COLLABORATE WITH OTH ER INSTITUTIONS OF H IGHER EDUCATION , AT THE
DISCRETION OF E ACH INSTITUTION , TO ESTABLISH AND IMP LEMENT A NEW
GRADUATE PROGRAM .
(4) THE COMMISSION SHALL :
(I) ADMINISTER THE FUND;
(II) DEVELOP AN APPLICATIO N PROCESS TO APPLY F OR A
GRANT FROM THE FUND; AND
(III) AWARD GRANTS TO INSTI TUTIONS AS INTENDED BY THE
FUND.
(5) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
(II) THE STATE TREASURER SHALL HOLD THE FUND
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
(6) THE FUND CONSISTS OF :
(I) MONEY APPROPRIATED IN THE STATE BUDGET TO THE
FUND;
(II) INTEREST EARNINGS ; AND
(III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED
FOR THE BENEFIT OF T HE FUND.
(7) THE FUND MAY BE USED ONLY FOR EXPENSES I NCURRED BY AN
INSTITUTION FOR COLL ABORATING OR ATTEMPT ING TO COLLABORATE W ITH OTHER
INSTITUTIONS TO ESTA BLISH AND IMPLEMENT A NEW GRADUATE PROGR AM
IDENTIFIED IN A LETT ER OF INTENT UNDER T HIS SECTION, INCLUDING EXPENSES
FOR:
(I) SALARIES OF FACULTY W HO WORK TOGETHER TO
DETERMINE IF COLLABO RATION IS FEASIBLE F OR THE INSTITUTIONS ; AND
Ch. 963 2024 LAWS OF MARYLAND
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(II) COSTS ASSOCIATED WITH :
1. PROVIDING TRANSPORTAT ION FROM ONE
INSTITUTION TO ANOTH ER INSTITUTION FOR S HARED CLASSES OR FAC ILITIES; AND
2. SHARING RESOURCES A CROSS INSTITUTIONS ,
INCLUDING RESEARCH C OLLABORATION , STUDENT EXCHANGE PRO GRAMS, JOINT
MARKETING OR RECRUIT MENT, FACULTY EXCHANGE PRO GRAMS, AND ONLINE
PROGRAM COLLABORATIO N.
(8) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE
FUND IN THE SAME MAN NER AS OTHER STATE MONEY MAY BE IN VESTED.
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE
CREDITED TO THE FUND.
(9) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN
ACCORDANCE WITH THE STATE BUDGET .
(10) MONEY EXPENDED FROM T HE FUND FOR EXPENSES INCURRED BY
INSTITUTIONS FOR COL LABORATING OR ATTEMP TING TO COLLABORATE TO
ESTABLISH AND IMPLEM ENT A NEW GRADUATE P ROGRAM IS SUPPLEMENT AL TO
AND IS NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT OTHERWI SE WOULD
BE APPROPRIATED FOR THE NEW PROGRAM .
11–206.4.
(A) NOTWITHSTANDING THE P ROVISIONS OF §§ 11–206 AND 11–206.1 OF
THIS SUBTITLE AND SUBJECT TO SUBSE CTION (B) OF THIS SECTION , THE
COMMISSION SHALL DEVE LOP AND IMPLEMENT A PROGRAM REVIEW PROCE SS FOR
NEW PROPOSED PROGRAM S THAT:
(1) ARE OFFERED ONLY ONLINE AND TO A MAJORITY OF
OUT–OF–STATE STUDENTS ; AND
(2) ENABLE THE INSTITUTIO NS OF HIGHER EDUCATI ON IN THE
STATE TO COMPETE WITH OUT–OF–STATE COMPETITORS IN THE ONLINE
MARKETPLACE .
(B) THE PROCESS DEVELOPED AND IMPLEMENTED UNDE R SUBSECTION (A)
OF THIS SECTION SHAL L ALLOW THE COMMISSION OR AN INST ITUTION OF HIGHER
EDUCATION IN THE STATE TO FILE WITH TH E COMMISSION AN OBJECTI ON TO WES MOORE, Governor Ch. 963
– 23 –
IMPLEMENTATION OF TH E PROPOSED PROGRAM , PROVIDED THE OBJECTI ON IS
BASED ON:
(1) INCONSISTENCY OF THE PROPOSED PRO GRAM WITH THE
INSTITUTION’S APPROVED MISSION F OR A PUBLIC INSTITUT ION OF HIGHER
EDUCATION OR THE MIS SION STATEMENT PUBLI SHED IN THE OFFICIAL CATALOG OF
A PRIVATE NONPROFIT INSTITUTION OF HIGHE R EDUCATION;
(2) NOT MEETING A STATE OR REGIONAL NEED CONSIST ENT WITH
THE STATE PLAN FOR HIGHER EDUCATION;
(3) UNREASONABLE PROGRAM DUPLICATION OF A FULLY ONLINE
PROGRAM THAT WOULD CAUSE HAR M TO THE STATE OR STUDENTS ATT ENDING
INSTITUTIONS OF HIGH ER EDUCATION IN THE STATE; OR
(4) UNNECESSARY PROGRAM D UPLICATION OF A FULLY ONLINE
PROGRAM IN VIOLATION OF THE STATE’S EQUAL EDUCATIONAL OPPORTUNITY
OBLIGATIONS UNDER STATE AND FEDERAL LAW .
(B) (C) THE COMMISSION SHALL INCL UDE THE PROGRAM REVI EW
PROCESS DEVELOPED UN DER THIS SECTION IN THE ADMINISTRATIVE P ROCEDURES
GUIDE REQUIRED UNDER § 11–206.1(H) OF THIS SUBTITLE.
11–206.5.
(A) IN THIS SECTION, “EMERGING WORKFORCE N EED PROGRAM ” HAS THE
MEANING STATED IN § 11–105(A) OF THIS TITLE.
(B) THIS SECTION APPLIES ON OR AFTER ADOPTION BY THE COMMISSION
OF THE UPDATED STATE PLAN FOR HIGHER EDUCATION DUE JANUARY 1, 2025.
(C) SUBJECT TO SUBSECTION (D) OF THIS SECTION, THE COMMISSION MAY
APPROVE A PROPOSAL S UBMITTED UNDER § 11–206, § 11–206.1, OR § 11–206.4 OF
THIS SUBTITLE ONLY F OR AN ACADE MIC PROGRAM FOR AN E MERGING WORKFORCE
NEED PROGRAM FOR :
(1) BOWIE STATE UNIVERSITY;
(2) COPPIN STATE UNIVERSITY;
(3) MORGAN STATE UNIVERSITY;
(4) THE UNIVERSITY OF MARYLAND, COLLEGE PARK CAMPUS AS THE
STATE’S FLAGSHIP CAMPUS WI TH PROGRAMS AND F ACULTY NATIONALLY AN D Ch. 963 2024 LAWS OF MARYLAND
– 24 –
INTERNATIONALLY RECO GNIZED FOR EXCELLENC E IN RESEARCH AND TH E
ADVANCEMENT OF KNOWL EDGE; AND
(5) UNIVERSITY OF MARYLAND EASTERN SHORE.
(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, IF AN
INSTITUTION OF HIGHE R EDUCATION DOES NOT SUBMIT A PROPOSAL UN DER §
11–206, § 11–206.1, OR § 11–206.4 OF THIS SUBTITLE FOR AN ACADEMIC PROGRAM
FOR AN EMERGING WORK FORCE NEED PROGRAM W ITHIN 1 YEAR AFTER THE
QUADRENNIAL REVIEW O F THE STATE PLAN FOR HIGHER EDUCATION, AND EACH
ANNUAL UPDATE TO THE WORKFORCE NEEDS AS A N APPENDIX TO THE PLAN THAT
IDENTIFIED THE EMERG ING WORKFORCE NEED P ROGRAM, ANY INSTITUTION OF
POSTSECONDARY EDUCAT ION IN THE STATE MAY SUBMIT THE PROPOSAL FOR
APPROVAL BY THE COMMISSION UNDER §§ 11–206, 11–206.1, AND 11–206.4 OF THIS
SUBTITLE.
(2) (I) 1. WITHIN 90 DAYS AFTER THE QUADR ENNIAL REVIEW
OF THE STATE PLAN FOR HIGHER EDUCATION, AND EACH ANNUAL UPDA TE TO THE
WORKFORCE NEEDS AS A N APPENDIX TO THE PLAN, EACH INSTITUTION LIS TED IN
SUBSECTION (C) OF THIS SECTION SHAL L COMMUNICATE TO THE COMMISSION A
NOTICE OF INTENT TO SUBMIT AN ACADEMIC P ROGRAM FOR AN EMERGI NG
WORKFORCE NEED PROGR AM IDENTIFIED IN THE PLAN IN THE UPCOMING YEAR.
2. THE COMMISSION SHALL :
A. SHARE THE NO TICE TO ALL SEGMENTS OF HIGHER
EDUCATION;
B. FACILITATE COLLABORAT ION BETWEEN
INSTITUTIONS OF HIGH ER EDUCATION ;
C. PROVIDE FEEDBACK TO A N INSTITUTION BEFORE AN
INSTITUTION SUBMITS THE NEW PROGRAM TO T HE COMMISSION FOR APPROV AL;
AND
D. IDENTIFY STATE RESOURCES TO AS SIST THE
INSTITUTION IN DEVEL OPING THE PROGRAM .
(II) IF AN INSTITUTION OF HIGHER EDUCATION LIS TED IN
SUBSECTION (C) OF THIS SECTION COLL ABORATES WITH ANY OT HER INSTITUTION
OF HIGHER EDUCATION IN THE STATE, AT THE DISCRETIO N OF EACH INSTITUTIO N,
TO IMPLEMENT AN EMER GING WORKFORCE NEED PROGRAM WITHIN 1 YEAR AFTER
THE QUADRENNIAL REVI EW OF THE STATE PLAN FOR HIGHER EDUCATION, AND WES MOORE, Governor Ch. 963
– 25 –
EACH ANNUAL UPDATE T O THE WORKFORCE NEED S AS AN APPENDIX TO THE PLAN
THAT IDENTIFIED THE EMERGING WORKFORCE NEED PROGR AM, THE COMMISSION
MAY APPROVE A PROPOS AL FOR AN ACADEMIC P ROGRAM FOR AN EMERGI NG
WORKFORCE NEED PROGR AM FOR THE INSTITUTI ON OF HIGHER EDUCATI ON
COLLABORATING WITH A N INSTITUTION LISTED IN SUBSECTION (C) OF THIS
SECTION.
(III) IF NO INSTITUTION LISTED I N SUBSECTION (C) OF THIS
SECTION PROVIDES NOT ICE TO THE COMMISSION OF INTENT IN ACCORDANCE WITH
THIS PARAGRAPH TO SU BMIT AN ACADEMIC PRO GRAM FOR AN EMERGING
WORKFORCE NEED PROGR AM IDENTIFIED IN THE QUADRENNIAL REVIEW O F THE
STATE PLAN FOR HIGHER EDUCATION, AND EACH ANNUAL UPDA TE TO THE
WORKFORCE NEEDS AS A N APPENDIX TO THE PLAN, IN THE UPCOMING YEAR , ANY
INSTITUTION OF HIGHE R EDUCATION MAY IMME DIATELY SUBMIT A PRO POSAL
UNDER § 11–206, § 11–206.1, OR § 11–206.4 OF THIS SUBTITLE FOR AN ACADEMIC
PROGRAM FOR AN EMERG ING WORKFORCE NEED P ROGRAM.
(E) THE COMMISSION SHALL ADOP T REGULATIONS FOR TH E
IMPLEMENTATION OF TH IS SECTION.
11–206.5.
(A) IN THIS SECTION, “EMERGING WORKFORCE N EED PROGRAM ” HAS THE
MEANING STATED IN § 11–105(A) OF THIS TITLE.
(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION, THE COMMISSION MAY
APPROVE A PROPOSAL S UBMITTED UNDER § 11–206, § 11–206.1, OR § 11–206.4 OF
THIS SUBTITLE ONLY F OR AN ACADEMIC PROGR AM FOR AN EMERGING W ORKFORCE
NEED PROGRAM FOR :
(1) MORGAN STATE UNIVERSITY;
(2) BOWIE STATE UNIVERSITY;
(3) UNIVERSITY OF MARYLAND EASTERN SHORE;
(4) COPPIN STATE UNIVERSITY; AND
(5) THE UNIVERSITY OF MARYLAND, COLLEGE PARK CAMPUS AS
THE STATE’S FLAGSHIP CAMPUS WI TH PROGRAMS AND FACU LTY NATIONALLY AND
INTERNATIONALLY RECO GNIZED FOR EXCELLENC E IN RESEARCH AND TH E
ADVANCEMENT OF KNOWL EDGE.
Ch. 963 2024 LAWS OF MARYLAND
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(C) IF AN INSTITUTION OF HIGHER EDUCATION UND ER SUBSECTION (B) OF
THIS SECTION DOES NO T SUBMIT A PROPOSAL UNDER § 11–206, § 11–206.1, OR §
11–206.4 OF THIS SUBTITLE FOR AN ACADEMIC PROG RAM FOR AN EMERGING
WORKFORCE NEED PROGR AM WITHIN 2 YEARS AFTER THE PUBL ICATION OF THE
STATE PLAN FOR HIGHER EDUCATION OR THE APPE NDIX TO THE PLAN THA T
IDENTIFIED THE EMERG ING WORKFORCE NEED P ROGRAM, ANY INSTITUTION OF
POSTSECONDARY EDU CATION IN THE STATE MAY SUBMIT THE PROPOSAL FOR
APPROVAL BY THE COMMISSION UNDER §§ 11–206, 11–206.1, AND 11–206.4 OF THIS
SUBTITLE.
11–302.
(a) (1) The president of each public institution of higher education is
responsible for developing a mission statement.
(2) The president shall submit the mission statement to the institution’s
governing board.
(3) Upon the direction of the governing board, the president shall update
the mission statement every 4 years in the year immediately following the quadrennial
review of the State Plan for Higher Education as set forth in § 11–105 of this title.
(b) (1) The governing board:
(i) Shall review the mission statement and may require the
president to prepare a revised mission statement;
(ii) May adopt the mission statement as submitted or with
amendments; and
(iii) Shall submit the statement to the Commission.
(2) (i) In the case of constituent institutions of the University System
of Maryland, the Chancellor of the University System of Maryland shall review the
statement prior to its consideration by the Board of Regents and make recommendations.
(ii) Before adopting the mission statements, the Board of Regents
shall review the statements individually and on a systemwide basis to assure that:
1. They are consistent with the Charter and the systemwide
plan; and
2. They will promote the efficient and effective use of the
institution’s and System’s resources.
WES MOORE, Governor Ch. 963
– 27 –
(iii) The Board shall consolidate the statements into an adopted
systemwide statement.
(c) (1) Each regional higher education center shall:
(i) Develop a mission statement;
(ii) Submit the mission statement to the governing body of the
center; and
(iii) Upon direction of the governing body, update the mission
statement every 4 years in the year immediately following the quadrennial review of the
State Plan for Higher Education as set forth in § 11–105 of this title.
(2) The governing body of each regional higher education center:
(i) Shall review the mission statement and may require the
preparation of a revised mission statement;
(ii) May adopt the mission statement as submitted or with
amendment; and
(iii) Shall submit the statement to the Commission.
(d) (1) The Commission shall [review]:
(I) DEVELOP DETAILED CRIT ERIA FOR THE ROBUST REVIEW OF
MISSION STATEMENTS O F PUBLIC INSTITUTION S OF HIGHER EDUCATIO N,
INCLUDING ENSURING T HE MISSION OF EACH I NSTITUTION IS REFLECTIVE OF THE
INSTITUTION’S STATUTORY DISTINCT ION AND CLEARLY DEFINED AND DISTINCT
FROM OTHER PUBLIC IN STITUTIONS; AND
(II) REVIEW the mission statement to determine whether the
mission statement is consistent with the State Plan for Higher Education.
(2) The mission statement shall be deemed approved within 30 90 days of
receipt unless the Commission [finds]:
(I) FINDS the statement is not consistent with the State Plan for
Higher Education; OR
(II) REJECTS THE STATEMENT AFTER CONDUCTING A R EVIEW
IN ACCORDANCE WITH P ARAGRAPH (1) OF THIS SUBSECTION .
Ch. 963 2024 LAWS OF MARYLAND
– 28 –
(3) (I) AFTER APPROVING OR REJECTI NG A MISSION STATEME NT
OF A PUBLIC INSTITUT ION OF HIGHER EDUCAT ION, THE COMMISSION, IN
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, SHALL SUBMIT
TO THE SENATE BUDGET AND TAXATION COMMITTEE, THE SENATE COMMITTEE ON
EDUCATION, ENERGY, AND THE ENVIRONMENT , AND THE HOUSE APPROPRIATIONS
COMMITTEE A REPORT TH AT INCLUDES AN ANALY SIS EXPLAINING:
1. THE ROLE OF THE PUBLI C INSTITUTION OF HIG HER
EDUCATION WITHIN THE SYSTEM OF HIGHER EDU CATION IN THE STATE TO ENSURE
THE MISSION STATEMENT IS CLEARLY DEFINED AND DISTINCT FROM OTHER PUBLIC
INSTITUTIONS OF HIGH ER EDUCATION ; AND
2. WHY THE MISSION STATE MENT WAS APPROVED OR
REJECTED.
(II) THE COMMISSION IS ENCOURA GED TO USE THE REPOR T
REQUIRED UNDER SUBPA RAGRAPH (I) OF THIS PARAGRAPH TO ENSURE T HAT THE
STATE IS SUPPORTING E ACH PUBLIC INSTITUTI ON OF HIGHER EDUCATI ON IN
MEETING THE NEEDS DE SCRIBED IN THE MISSI ON STATEMENTS .
(4) (i) If the Commission finds that the MISSION statement is not
consistent with the State Plan for Higher Education OR REJECTS THE STATE MENT
UNDER PARAGRAPH (2) OF THIS SUBSECTION , the Commission shall return the
statement together with its objections that include the specific areas of inconsistency with
the State Plan for Higher Education to the governing board.
(ii) The governing board and the institution president shall
negotiate with the Commission and amend the statement or prepare a new statement.
Article – State Finance and Procurement
6–226.
(a) (2) (i) Notwithstanding any other provision of law, and unless
inconsistent with a federal law, grant agreement, or other federal requirement or with the
terms of a gift or settlement agreement, net interest on all State money allocated by the
State Treasurer under this section to special funds or accounts, and otherwise entitled to
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General
Fund of the State.
(ii) The provisions of subparagraph (i) of this paragraph do not apply
to the following funds:
189. the Teacher Retention and Development Fund; [and] WES MOORE, Governor Ch. 963
– 29 –
190. the Protecting Against Hate Crimes Grant Fund; AND
191. THE PROPOSED PROGRAMS COLLABORATIVE GRANT
FUND.
SECTION 3. AND BE IT FURTHER ENACTED, That:
(a) (1) The Maryland Higher Education Commission shall examine the
approval process established by the Commission for conducting academic program reviews
under §§ 11–206 and 11–206.1 of the Education Article, as enacted by Section 2 of this Act,
including all statutory and regulatory requirements regarding administrative procedures,
timelines, and deadlines, to determine whether the process, in whole or in part, needs
updating or revision to meet the needs of the institutions of higher education and students
in the State.
(2) On or before December 1, 2024, the Commission shall report its findings
and recommendations under paragraph (1) of this subsection to the General Assembly, in
accordance with § 2–1257 of the State Government Article.
(b) (1) The Commission, in collaboration with all institutions of higher
education in the State, shall evaluate whether the existing standard that triggers the
academic program review process for a substantial modification to an existing program
established under § 11–206 of the Education Article, as enacted by Section 2 of this Act,
and COMAR 13B.02.03.03E is the appropriate standard.
(2) If, after the evaluation conducted under paragraph (1) of this
subsection, the Commission determines that a new standard for establishing a substantial
modification to an existing program is appropriate, the Commission shall, on or before
January 1, 2025, adopt regulations establishing the new standard.
SECTION 4. AND BE IT FURTHER ENACTED, That:
(a) On or before January 1, 2025, the Maryland Higher Education Commission
shall update the State Plan for Higher Education last revised in 2022 to include updated
information on State and regional workforce needs information, emerging workforce needs,
and any specific academic programs institutions could develop to fulfill or support identified
needs.
(b) The Maryland Higher Education Commission shall submit the update under
subsection (a) of this section to the Legislative Policy Committee for review and comment
before adoption.
(b) (c) During the process of updating the State Plan under subsection (a) of this
section, the Commission shall provide postsecondary education stakeholders with an
opportunity to provide input on State and regional workforce needs issues relevant to the Ch. 963 2024 LAWS OF MARYLAND
– 30 –
purposes and objective of the State Plan for Higher Education, including students,
members of the public, and major industry partners.
SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2024.
Approved by the Governor, May 16, 2024.