EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb1022*
SENATE BILL 1022
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By: Senators King and Watson
Introduced and read first time: February 2, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Maryland Higher Education Commission – Academic Program Approval and 2
Institutional Mission Statements – Requirements 3
FOR the purpose of requiring the Maryland Department of Labor, the Department of 4
Commerce, and the Maryland Higher Education Commission to each have a certain 5
staff member who performs certain duties related to defining, identifying, and 6
compiling data regarding the workforce needs in the State and who works 7
collaboratively across certain agencies; altering certain requirements for the State 8
Plan of Higher Education; requiring the Commission to establish a Program Review 9
Process Advisory Council; altering certain requirements regarding the Commission’s 10
academic program approval process; requiring the Commission to develop and 11
publish on its website on or before a certain date an administrative procedures guide 12
for the Commission’s program review process; requiring the Commission to conduct 13
a review of certain approved programs that were subject to an objection of a 14
historically Black college or university; requiring certain institutions of higher 15
education to submit to the Commission a certain letter of intent regarding intended 16
new graduate programs; establishing the Proposed Programs Collaborative Grant 17
Fund to award grants to certain public institutions of higher education that 18
collaborate to establish and implement new academic graduate programs; 19
authorizing the Commission to develop a program review process for certain online 20
programs in a certain manner; altering requirements for the Commission’s review 21
and approval of the mission statements of public institutions of higher education; 22
requiring the Commission, in collaboration with institutions of higher education, to 23
evaluate the process for reviewing academic program proposals for a certain purpose 24
and to review the standard for triggering a review of a substantial modification to 25
an existing academic program; requiring the Commission to update the State Plan 26
for Higher Education on or before a certain date; and generally relating to academic 27
program approval, institutional mission statements, and the Maryland Higher 28
Education Commission. 29
BY renumbering 30 2 SENATE BILL 1022
Article – Education 1
Section 11–206.2, 11–206.3, and 11–206.4 2
to be Section 11–206.5, 11–206.6, and 11–206.7, respectively 3
Annotated Code of Maryland 4
(2022 Replacement Volume and 2023 Supplement) 5
BY repealing and reenacting, without amendments, 6
Article – Business Regulation 7
Section 1–101(a) and (f) 8
Annotated Code of Maryland 9
(2015 Replacement Volume and 2023 Supplement) 10
BY adding to 11
Article – Business Regulation 12
Section 2–103.2 13
Annotated Code of Maryland 14
(2015 Replacement Volume and 2023 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – Economic Development 17
Section 1–101(a) and (c) 18
Annotated Code of Maryland 19
(2018 Replacement Volume and 2023 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Economic Development 22
Section 2.5–106(17) and (18) 23
Annotated Code of Maryland 24
(2018 Replacement Volume and 2023 Supplement) 25
BY adding to 26
Article – Economic Development 27
Section 2.5–106(19) 28
Annotated Code of Maryland 29
(2018 Replacement Volume and 2023 Supplement) 30
BY repealing and reenacting, with amendments, 31
Article – Education 32
Section 11–104, 11–105(b)(2) and (3), 11–106, 11–206, 11–206.1, and 11–302 33
Annotated Code of Maryland 34
(2022 Replacement Volume and 2023 Supplement) 35
BY adding to 36
Article – Education 37
Section 11–206.2, 11–206.3, and 11–206.4 38
Annotated Code of Maryland 39
(2022 Replacement Volume and 2023 Supplement) 40 SENATE BILL 1022 3
BY repealing and reenacting, without amendments, 1
Article – State Finance and Procurement 2
Section 6–226(a)(2)(i) 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2023 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – State Finance and Procurement 7
Section 6–226(a)(2)(ii)189. and 190. 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2023 Supplement) 10
BY adding to 11
Article – State Finance and Procurement 12
Section 6–226(a)(2)(ii)191. 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2023 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That Section(s) 11–206.2, 11–206.3, and 11–206.4 of Article – Education of the Annotated 17
Code of Maryland be renumbered to be Section(s) 11–206.5, 11–206.6, and 11–206.7, 18
respectively. 19
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 20
as follows: 21
Article – Business Regulation 22
1–101. 23
(a) In this article the following words have the meanings indicated. 24
(f) “Department” means the Maryland Department of Labor. 25
2–103.2. 26
THE DEPARTMENT SHALL HAVE AT LEAST ONE FULL –TIME STAFF MEMBER 27
WHO IS RESPONSIBLE F OR: 28
(1) DEFINING, IDENTIFYING, AND COMPILING DATA O N STATE AND 29
REGIONAL WORKFORCE N EEDS; AND 30
(2) WORKING COLLABORATIV ELY WITH THE DEPARTMENT OF 31
COMMERCE AND THE MARYLAND HIGHER EDUCATION COMMISSION TO PRODUCE 32
UNIFORM AND CONSISTE NT BASELINE DATA , INCLUDING COMM ON SOURCES AND 33 4 SENATE BILL 1022
MEASUREMENTS , ABOUT WORKFORCE NEED S TO INFORM STATE POLICIES 1
RELATING TO POSTSECO NDARY EDUCATION . 2
Article – Economic Development 3
1–101. 4
(a) In this division the following words have the meanings indicated. 5
(c) “Department” means the Department of Commerce. 6
2.5–106. 7
The Department shall: 8
(17) facilitate regular meetings among its regional experts, financial 9
incentive team, and tourism development team to determine the success in meeting overall 10
economic development strategic goals and in addressing the economic development needs 11
of each region; [and] 12
(18) work with community colleges to enhance the role of community 13
colleges in providing workforce training services, including industry–specific education and 14
training in response to the needs of the State; AND 15
(19) HAVE AT LEAST ONE FU LL–TIME STAFF MEMBER WH O IS 16
RESPONSIBLE FOR : 17
(I) DEFINING, IDENTIFYING, AND COMPILING DATA O N STATE 18
AND REGIONAL WORKFOR CE NEEDS; AND 19
(II) WORKING COLLABORATIV ELY WITH THE MARYLAND 20
DEPARTMENT OF LABOR AND THE MARYLAND HIGHER EDUCATION COMMISSION 21
TO PRODUCE UNIFORM A ND CONSISTENT BASELI NE DATA, INCLUDING COMMON 22
SOURCES AND MEASUREM ENTS, ABOUT WORKFORCE NEED S TO INFORM STATE 23
POLICIES RELATING TO POSTSECONDARY EDUCAT ION. 24
Article – Education 25
11–104. 26
(a) The Governor shall appoint, with the advice and consent of the Senate, a 27
Secretary of Higher Education. 28
(b) (1) The Secretary shall: 29
(i) Select, organize, and direct the staff of the Commission; 30 SENATE BILL 1022 5
(ii) Perform the duties the Commission assigns; 1
(iii) See that the policies and decisions of the Commission are carried 2
out; 3
(iv) Serve at the pleasure of the Governor; and 4
(v) Be a member of the Governor’s Executive Council. 5
(2) (i) After consideration of the recommendations of the Commission, 6
the Governor shall include in the annual budget request the salary for the Secretary. 7
(ii) The Secretary is entitled to the salary provided in the State 8
budget. 9
(c) (1) The Secretary may hire the additional staff provided in the State 10
budget. 11
(2) THE SECRETARY SHALL HAVE AT LEAST ONE FULL –TIME STAFF 12
MEMBER WHO IS RESPON SIBLE FOR: 13
(I) DEFINING, IDENTIFYING, AND COMPILING DATA O N STATE 14
AND REGIONAL WORKFOR CE NEEDS; AND 15
(II) WORKING COLLABORATIVE LY WITH THE DEPARTMENT OF 16
COMMERCE AND THE MARYLAND DEPARTMENT OF LABOR TO PRODUCE UNIF ORM 17
AND CONSISTENT BASEL INE DATA, INCLUDING COMMON SOU RCES AND 18
MEASUREMENTS , ABOUT WORKFORCE NEED S TO INFORM STATE POLICIES 19
RELATING TO POSTSECO NDARY EDUCATION . 20
(d) (1) Each employee of the Commission shall join the Teachers’ Pension 21
System of the State of Maryland or the Employees’ Pension System of the State of 22
Maryland. 23
(2) Any employee of the Commission who is determined by the Secretary 24
to hold a professional position may join the optional retirement program under Title 30 of 25
the State Personnel and Pensions Article. 26
11–105. 27
(b) (2) (i) In consultation with the governing boards and agencies 28
concerned with postsecondary education in the State, the Commission shall develop and 29
periodically update an overall plan consistent with the Charter, known as the State Plan 30
for Higher Education, that shall identify: 31
6 SENATE BILL 1022
1. The present and future needs for postsecondary education 1
and research throughout the State, INCLUDING CURRENT AN D EMERGING STATE AND 2
REGIONAL WORKFORCE N EEDS IN ACCORDANCE W ITH SUBPARAGRAPH (IV) OF THIS 3
PARAGRAPH ; 4
2. The present and future capabilities of the different 5
institutions and segments of postsecondary education in the State, INCLUDING ANY 6
SPECIFIC ACADEMIC PR OGRAMS PARTICULAR INSTI TUTIONS COULD DEVELO P TO 7
FULFILL OR SUPPORT I DENTIFIED WORKFORCE NEEDS; and 8
3. The long–range and short–range objectives and priorities 9
for postsecondary education and methods and guidelines for achieving and maintaining 10
them. 11
(ii) The Commission shall ensure that the State Plan for Higher 12
Education complies with the State’s equal educational opportunity obligations under State 13
and federal law, including Title VI of the Civil Rights Act. 14
(iii) In developing the State Plan for Higher Education, the 15
Commission shall incorporate the goals and priorities for higher education identified in this 16
Division III and, for the University System of Maryland, including those identified in §§ 17
10–209 and 12–106 of this article. 18
(IV) IN IDENTIFYING STATE AND REGIONAL WO RKFORCE NEEDS 19
FOR THE STATE PLAN FOR HIGHER EDUCATION, THE COMMISSION SHALL : 20
1. USE THE UNIFORM AND C ONSISTENT BASELINE D ATA, 21
INCLUDING COMMON SOU RCES AND MEASUREMENT S, ABOUT WORKFORCE NEED S 22
DEVELOPED IN COLLABO RATION WITH THE DEPARTMENT OF COMMERCE AND THE 23
MARYLAND DEPARTMENT OF LABOR; 24
2. CONSULT, AS NECESSARY , WITH OTHER STATE 25
AGENCIES WITH UNIQUE EXPERTISE IN SPECIFI C WORKFORCE SEGMENTS , 26
INCLUDING THE MARYLAND LONGITUDINAL DATA SYSTEM CENTER, 27
OCCUPATIONAL LICEN SING BOARDS, AND NATIONAL ORGANIZ ATIONS; 28
3. USE DATA FROM RESOURC ES AND LITERATURE 29
RELATING TO SPECIFIC OCCUPATIONS ; AND 30
4. PROVIDE ALL INSTITUTI ONS OF HIGHER EDUCAT ION 31
IN THE STATE WITH ACCESS TO THIS BASELINE DATA . 32
(V) THE COMMISSION SHALL UPDATE THE WORKFORCE NEEDS 33
IDENTIFIED IN THE MO ST RECENT VERSION OF THE STATE PLAN FOR HIGHER 34 SENATE BILL 1022 7
EDUCATION EACH YEAR A S AN APPENDIX TO THE PLAN AND POST THE UP DATE ON 1
THE COMMISSION’S WEBSITE. 2
(3) (i) The Commission shall submit to the Governor and, subject to § 3
2–1257 of the State Government Article, to the General Assembly a quadrennial review of 4
the plan by July 1, 2009, and by July 1 of each fourth year thereafter. 5
(ii) The quadrennial review shall include a report on the status and 6
needs of postsecondary education in the State. 7
(III) BEGINNING WITH THE QU ADRENNIAL REVIEW OF THE 8
STATE PLAN FOR HIGHER EDUCATION DUE BY JULY 1, 2026, THE COMMISSION 9
SHALL SUBMIT THE PRO POSED PLAN TO THE LEGISLATIVE POLICY COMMITTEE FOR 10
REVIEW AND COMMENT B EFORE ADOP TION BY THE COMMISSION. 11
11–106. 12
(a) (1) The Commission shall establish: 13
(i) A Faculty Advisory Council; 14
(ii) A Student Advisory Council; 15
(iii) A Segmental Advisory Council; 16
(iv) A Financial Assistance Advisory Council; 17
(v) A Maryland Digital Library Advisory Council; [and] 18
(vi) A Private Career School Advisory Council; AND 19
(VII) A PROGRAM REVIEW PROCESS ADVISORY COUNCIL. 20
(2) These Councils shall meet periodically for the purpose of reviewing such 21
matters as are referred by the Commission or the Secretary for their consideration and 22
advice. 23
(3) The Councils may make reports and recommendations to the 24
Commission. 25
(b) (1) The Commission may appoint continuing advisory committees that 26
represent various groups in the higher education community. 27
(2) Advisory committees may make recommendations to the Commission 28
on matters of statewide importance that affect their constituencies. 29
8 SENATE BILL 1022
11–206. 1
(a) This section does not apply to: 2
(1) New programs proposed to be implemented by public and private 3
nonprofit institutions of higher education using existing program resources in accordance 4
with § 11–206.1 of this subtitle; 5
(2) Programs offered by institutions of higher education that operate in the 6
State without a certificate of approval in accordance with § 11–202.1(b) of this subtitle; and 7
(3) The Cyber Warrior Diversity Program established under Subtitle 14 of 8
this title. 9
(b) (1) Prior to the proposed date of implementation, the governing body of an 10
institution of postsecondary education shall submit to the Commission each proposal for: 11
(i) A new program; or 12
(ii) A substantial modification of an existing program. 13
(2) The Commission shall review each such proposal and: 14
(i) With respect to each public institution of postsecondary 15
education, either approve or disapprove the proposal; 16
(ii) Except as provided in § 16–108(c) of this article, with respect to 17
each private nonprofit or for–profit institution of higher education, either recommend that 18
the proposal be implemented or that the proposal not be implemented; and 19
(iii) With respect to a private career school, either approve or 20
disapprove the proposal. 21
(3) If the Commission fails to act within 60 days of the date of submission 22
of the completed proposal, the proposal shall be deemed approved. 23
(4) Except as provided in paragraph (3) of this subsection, a public 24
institution of postsecondary education and private career school may not implement a 25
proposal without the prior approval of the Commission. 26
(5) (i) Except as provided in paragraph (3) of this subsection, and 27
subject to subparagraph (ii) of this paragraph, a program that has not received a positive 28
recommendation by the Commission may be implemented by: 29
1. Subject to the provisions of § 17–105 of this article, a 30
private nonprofit institution of higher education; or 31
SENATE BILL 1022 9
2. A for–profit institution of higher education. 1
(ii) If a private nonprofit or for–profit institution of higher education 2
implements a proposal despite the recommendation from the Commission that a program 3
not be implemented, the institution shall notify both prospective students of the program 4
and enrolled students in the program that the program has not been recommended for 5
implementation by the Commission. 6
(6) (i) If the Commission disapproves a proposal, the Commission shall 7
provide to the governing body that submits the proposal a written explanation of the 8
reasons for the disapproval. 9
(ii) After revising a proposal to address the Commission’s reasons for 10
disapproval, the governing body may submit the revised proposal to the Commission for 11
approval. 12
(c) (1) Prior to discontinuation, each institution of postsecondary education 13
that proposes to discontinue an existing program shall provide written notification to the 14
Commission specifying: 15
(i) The name of the program; and 16
(ii) The expected date of discontinuation. 17
(2) By rule or regulation, the Commission may require the payment by a 18
private career school of a refund to any student or enrollee who, because of the 19
discontinuation of an ongoing program, is unable to complete such program. 20
(d) The Commission shall review and make recommendations on programs in 21
private nonprofit and for–profit institutions of higher education. 22
(e) (1) In this subsection, “governing board” includes the board of trustees of a 23
community college. 24
(2) (I) The Commission shall adopt regulations establishing standards 25
for determining whether [2] TWO or more programs are unreasonably 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 DUPLICATIVE ; 30
2. PRIORITIZE MEETING STATE AND REGIONAL 31
WORKFORCE NEEDS AND PRESERVING EXISTI NG PROGRAMS THAT ARE ABLE TO 32
MEET THESE WORKFORCE NEEDS; AND 33 10 SENATE BILL 1022
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 duplicative or inconsistent with an institution’s adopted mission. 5
(4) The Commission may make a determination that an unreasonable 6
duplication of programs exists on its own initiative or after receipt of a request for 7
determination from any directly affected public institution of postsecondary education. 8
(5) (i) If the Commission makes a determination under paragraph (4) 9
of this subsection the Commission may: 10
1. Make recommendations to a governing board on the 11
continuation or modification of the programs; 12
2. Require any affected governing board to submit a plan to 13
resolve the duplication; and 14
3. Negotiate, as necessary, with any affected governing 15
board until the unreasonable duplication is eliminated. 16
(ii) Notwithstanding the provisions of subparagraph (i) of this 17
paragraph, if the Commission determines that [2] TWO or more existing programs offered 18
by institutions under the governance of different governing boards are unreasonably 19
duplicative, the governing boards of the institutions of postsecondary education at which 20
the programs are offered shall have 180 days from the date of the Commission’s 21
determination to formulate and present to the Commission a joint plan to eliminate the 22
duplication. 23
(iii) If in the Commission’s judgment the plan satisfactorily 24
eliminates the duplication, the governing board of the affected institutions shall be so 25
notified and shall take appropriate steps to implement the plan. 26
(iv) If in the Commission’s judgment the plan does not satisfactorily 27
eliminate the duplication, or if no plan is jointly submitted within the time period specified 28
in paragraph (6) of this subsection, the governing board of the affected institutions shall be 29
so notified. The Commission may then seek to eliminate the duplication by revoking the 30
authority of a public institution of postsecondary education to offer the unreasonably 31
duplicative program. 32
(6) (i) Prior to imposing a sanction under paragraph (5) of this 33
subsection, the Commission shall give notice of the proposed sanction to the governing 34
board of each affected institution. 35
SENATE BILL 1022 11
(ii) 1. Within 20 days of receipt of the notice, any affected 1
institution may request an opportunity to meet with the Commissi on and present 2
objections. 3
2. If timely requested, the Commission shall provide such 4
opportunity prior to the Commission’s decision to impose a sanction. 5
(iii) The Commission’s decision shall be final and is not subject to 6
further administrative appeal or judicial review. 7
11–206.1. 8
(a) (1) In this section the following words have the meanings indicated. 9
(2) “Private nonprofit institution of higher education” has the meaning 10
stated in § 10–101(k) of this article. 11
(3) “Public institution of higher education” means: 12
(i) A public senior higher education institution; and 13
(ii) A community college. 14
(b) (1) A president of a public institution of higher education may propose to 15
establish a new program or abolish an existing program if the action: 16
(i) Is consistent with the institution’s adopted mission statement 17
under Subtitle 3 of this title; and 18
(ii) Can be implemented within the existing program resources of 19
the institution. 20
(2) A president of a private nonprofit institution of higher education may 21
propose to establish a new program if the action: 22
(i) Is consistent with the mission statement published in the official 23
catalog of the private nonprofit institution; and 24
(ii) Can be implemented within the existing resources of the 25
institution. 26
(3) The president of a public institution of higher education shall report 27
any programs that are proposed to be established or abolished in accordance with 28
paragraph (1) of this subsection to: 29
(i) The institution’s governing board; and 30
12 SENATE BILL 1022
(ii) The Maryland Higher Education Commission. 1
(4) The president of a private nonprofit institution of higher education 2
shall report any programs that are proposed to be established in accordance with paragraph 3
(2) of this subsection to the Commission. 4
(5) Upon receipt of a proposed new program, the Commission shall notify 5
all other institutions of higher education in the State. 6
(c) The governing board of a public institution of higher education shall: 7
(1) Review the actions taken under subsection (b) of this section; 8
(2) Ensure that any new program proposed to be established by a 9
president: 10
(i) Is consistent with the institution’s approved mission statement 11
under Subtitle 3 of this title; 12
(ii) Meets a regional or statewide need consistent with the 13
[Maryland] State Plan for [Postsecondary] HIGHER Education; 14
(iii) Meets criteria for the quality of new programs, developed in 15
consultation with the Commission; and 16
(iv) Can be implemented within the existing program resources of 17
the institution, verified by a process established in consultation with the Commission. 18
(d) The Board of Regents of the University System of Maryland shall approve the 19
proposed new program within 60 days if the program meets the criteria in subsection (c)(2) 20
of this section, subject to the provisions of subsections (e) and (f) of this section. 21
(e) (1) Within 30 days of receipt of a notice of an institution’s intent to 22
[establish] SUBMIT a new program TO THE COMMISSION in accordance with subsection 23
(b) of this section, the Commission may file, or the institutions of higher education in the 24
State may file with the Commission, an objection to implementation of a proposed 25
GRADUATE program provided the objection is based on: 26
[(1)] (I) Inconsistency of the proposed program with the institution’s 27
approved mission for a public institution of higher education and the mission statement 28
published in the official catalog of a private nonprofit institution of higher education; 29
[(2)] (II) Not meeting a regional or statewide need consistent with the 30
[Maryland] State Plan for [Postsecondary] HIGHER Education; 31
SENATE BILL 1022 13
[(3)] (III) Unreasonable program duplication which would cause 1
demonstrable harm to another institution; or 2
[(4)] (IV) [Violation] UNNECESSARY PROGRAM D UPLICATION IN 3
VIOLATION of the State’s equal educational opportunity obligations under State and 4
federal law. 5
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE 6
COMMISSION SHALL ADOP T REGULATIONS ON PRO CEDURES FOR CONDUCTI NG AN 7
ANALYSIS OF THE OBJEC TIONS DESCRIBED IN P ARAGRAPH (1) OF THIS SUBSECTION 8
THAT: 9
(I) CLEARLY IDENTIFY ALL OF THE SPECIFIC CRIT ERIA AND 10
FACTORS USED BY THE COMMISSION; AND 11
(II) FOR AN OBJECTION UNDE R PARAGRAPH (1)(III) OF THIS 12
SUBSECTION, USE A SET OF BASELINE DATA AND CO MMON SOURCES AND THA T 13
PRIORITIZE: 14
1. MEETING STATE AND REGIONAL WO RKFORCE NEEDS ; 15
2. PRESERVING EXISTING P ROGRAMS THAT ARE ABL E 16
TO MEET STATE AND REGIONAL WO RKFORCE NEEDS ; AND 17
3. COLLABORATION BETWEEN INSTITUTIONS OF 18
HIGHER EDUCATION. 19
(3) THE COMMISSION, JOINTLY WITH THE ATTORNEY GENERAL, 20
SHALL ADOPT REGULATI ONS FOR STANDARDS FO R CONDUCTING AN ANAL YSIS OF 21
AN OBJECTION UNDER P ARAGRAPH (1)(IV) OF THIS SUBSECTION . 22
(f) (1) If an objection is filed under subsection (e) of this section by the 23
Commission or an institution within 30 days of receipt of a notice of an institution’s intent 24
to establish a new program, the Commission shall immediately notify the institution’s 25
governing board and president. 26
(2) The Commission shall determine if an institution’s objection is justified 27
based on the criteria in subsection (e) of this section. 28
(3) An objection shall be accompanied by detailed information supporting 29
the reasons for the objection. 30
(4) If the Commission determines that an objection is justified, the 31
Commission shall negotiate with the institution’s governing board and president to modify 32
the proposed program in order to resolve the objection. 33 14 SENATE BILL 1022
(5) If the objection cannot be resolved within 30 days of receipt of an 1
objection, the Commission shall make a final determination on approval of the new program 2
for a public institution of higher education or a final recommendation on implementation 3
for a private nonprofit institution of higher education. 4
(G) A HEARING FOR REVIEW OF THE COMMISSION’S DETERMINATION OF A N 5
INSTITUTION’S OBJECTION UNDER SU BSECTION (F) OF THIS SECTION SHAL L: 6
(1) BE CONDUCTED IN OPEN SESSION, INCLUDING DISCUSSION S AND 7
ANY FORMAL ACTION TA KEN BY THE COMMISSION; 8
(2) ALLOW EACH PARTY , INCLUDING THE SECRETARY, THE 9
PROPOSING INSTITUTIO N, AND THE OBJECTING IN STITUTION, TO HAVE NOT LESS 10
THAN 10 MINUTES TO PRESENT T HEIR POSITIONS REGAR DING THE 11
DETERMINATION , WITHOUT INTERRUPTION ; AND 12
(3) REQUIRE THE APPROVAL OF A MAJORITY OF THE MEMBERS THEN 13
SERVING ON THE COMMISSION. 14
(H) (1) ON OR BEFORE JANUARY 1, 2025, THE COMMISSION SHALL 15
DEVELOP AND PUBLISH ON ITS WEBSITE AN AD MINISTRATIVE PROCEDU RES GUIDE 16
FOR THE COMMISSION’S PROGRAM REVIEW PRO CESS DEVELOPED UNDER THIS 17
SECTION. 18
(2) THE COMMISSION SHALL UP DATE THE ADMINISTRAT IVE 19
PROCEDURES GUIDE AT LEAST ONCE EACH YEAR . 20
[(g)] (I) (1) The Commission shall: 21
(i) Identify programs established under subsection (b) of this section 22
that are inconsistent with the State Plan for Higher Education; and 23
(ii) Identify low productivity programs at public institutions of 24
higher education. 25
(2) If the Commission identifies any programs that meet the criteria set 26
forth in paragraph (1) of this subsection, the Commission shall notify the president of the 27
institution. 28
(3) If the Commission notifies a president of an institution under 29
paragraph (2) of this subsection, within 60 days the president of the institution shall 30
provide to the Commission in writing: 31
(i) An action plan to abolish or modify the program; or 32 SENATE BILL 1022 15
(ii) Justification for the continuation of the program. 1
[(h)] (J) The Commission and the governing boards of the public institutions of 2
higher education shall jointly develop a definition and accepted criteria for determining low 3
productivity programs. 4
[(i)] (K) The Commission shall: 5
(1) Monitor the program development and review process established 6
under this section; 7
(2) Report annually to the Governor and, in accordance with § 2–1257 of 8
the State Government Article, the General Assembly on the nature and extent of any 9
duplication or proliferation of programs; and 10
(3) Make available a copy of the report under item (2) of this subsection to 11
the public institutions of higher education and the private nonprofit institutions of higher 12
education. 13
11–206.2. 14
(A) BEGINNING IN JANUARY 2025, THE COMMISSION SHALL REVI EW EACH 15
ACADEMIC PROGRAM THA T HAS BEEN APPROVED IN THE 4 IMMEDIATELY 16
PRECEDING SCHOOL YEA RS THAT WAS SUBJECT TO AN OBJECTION OF A 17
HISTORICALLY BLACK COLLEGE OR UNIV ERSITY, AS DESCRIBED IN § 10–214 OF 18
THIS ARTICLE, TO DETERMINE WHETHER THE HISTORICALLY BLACK COLLEGE OR 19
UNIVERSITY SUFFERED DEMONSTRABLE HARM RE SULTING FROM APPROVA L OF 20
THE PROGRAM . 21
(B) ON OR BEFORE SEPTEMBER 1, 2025, AND EVERY 4 YEARS THEREAFTER , 22
THE COMMISSION SHA LL REPORT ITS FINDIN GS UNDER SUBSECTION (A) OF THIS 23
SECTION, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, 24
TO THE SENATE EDUCATION, ENERGY, AND THE ENVIRONMENT COMMITTEE AND 25
THE HOUSE APPROPRIATIONS COMMITTEE. 26
11–206.3. 27
(A) IN THIS SECT ION, “INSTITUTION” MEANS A PUBLIC SENIO R HIGHER 28
EDUCATION INSTITUTIO N. 29
(B) (1) BEGINNING JANUARY 1, 2025, THE COMMISSION SHALL REQU IRE 30
EACH INSTITUTION TO SUBMIT A LETTER OF I NTENT TO THE COMMISSION THAT 31
IDENTIFIES EACH NEW GRADUATE LEVEL PROGR AM THAT AN INSTITUTION INTENDS 32
TO PROPOSE FOR APPRO VAL UNDER § 11–206 OR § 11–206.1 OF THIS SUBTITLE. 33 16 SENATE BILL 1022
(2) THE COMMISSION SHALL REQU IRE EACH INSTITUTION TO SUBMIT 1
A LETTER OF INTENT E VERY 6 MONTHS. 2
(3) THE LETTER OF INTENT SHALL INCLUDE ALL NE W GRADUATE 3
PROGRAMS THE INSTITUTION I NTENDS TO PROPOSE WI THIN THE 6–MONTH TO 4
2–YEAR TIME PERIOD FOL LOWING SUBMISSION OF THE LETTER OF INTENT . 5
(C) THE COMMISSION SHALL USE A LETTER OF INTENT S UBMITTED BY AN 6
INSTITUTION UNDER TH IS SECTION: 7
(1) TO FACILITATE COLLABORATION BETWEE N INSTITUTIONS; AND 8
(2) TO PROVIDE FEEDBACK T O AN INSTITUTION BEF ORE THE 9
INSTITUTION SUBMITS THE NEW PROGRAM TO T HE COMMISSION FOR APPROV AL, 10
INCLUDING ANY COMMISSION CONCERNS R EGARDING UNREASONABL E OR 11
UNNECESSARY PROGRAM DUPLICATION. 12
(D) THE COMMISSION MAY NOT US E A LETTER OF INTENT TO ESTABLISH 13
ANY PREFERENCE OR PR IORITY FOR APPROVAL OF A PROGRAM PROPOSA L. 14
(E) THE COMMISSION SHALL ESTA BLISH REQUIREMENTS F OR SUBMITTING 15
A LETTER OF INTENT U NDER THIS SECTION , INCLUDING THE FORMAT , DEADLINES, 16
AND REVIEW CRITERIA OF THE LETTERS . 17
(F) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 18
THE COMMISSION MAY APPROV E A PROGRAM PROPOSAL SUBMITTED UNDER § 19
11–206 OR § 11–206.1 OF THIS SUBTITLE ONL Y IF THE INSTITUTION HAS INCLUDED 20
THE PROGRAM IN A LETTER OF INTENT SUBMITTED TO THE COMMISSION. 21
(2) (I) THE COMMISSION MAY APPROV E A NEW PROGRAM 22
PROPOSED BY AN INSTI TUTION UNDER § 11–206 OR § 11–206.1 OF THIS SUBTITLE 23
THAT WAS NOT INCLUDE D IN A LETTER OF INT ENT IF THE INSTITUTI ON SUBMITS 24
PROOF SATISFACTORY T O THE COMMISSION: 25
1. OF THE EXIGENT CIRCUM STANCES LEADING TO T HE 26
DEVELOPMENT OF THE P ROPOSED PROGRAM ; AND 27
2. THAT THE BENEFIT OF T HE PROGRAM TO THE STATE 28
OR REGION OUTWEIGHS THE STATE’S INTEREST IN REASON ABLE PUBLIC NOTICE 29
AND INSTITUTIONAL COLLAB ORATION. 30
SENATE BILL 1022 17
(II) THE COMMISSION SHALL ESTA BLISH OBJECTIVE 1
STANDARDS AND A FAIR AND TRANSPARENT PROC ESS FOR CONSIDERATIO N AND 2
APPROVAL OF A PROPOS ED PROGRAM UNDER SUB PARAGRAPH (I) OF THIS 3
PARAGRAPH . 4
(G) (1) IN THIS SUBSECTION , “FUND” MEANS THE PROPOSED PROGRAMS 5
COLLABORATIVE GRANT FUND. 6
(2) THERE IS A PROPOSED PROGRAMS COLLABORATIVE GRANT 7
FUND. 8
(3) THE PURPOSE OF THE FUND IS TO PROVIDE FI NANCIAL 9
ASSISTANCE TO INCENT IVIZE INSTITUTIONS O F HIGHER EDUCATION T O 10
COLLABORATE WITH OTH ER INSTITUTIONS OF HIGH ER EDUCATION , AT THE 11
DISCRETION OF EACH I NSTITUTION, TO ESTABLISH AND IMP LEMENT A NEW 12
GRADUATE PROGRAM . 13
(4) THE COMMISSION SHALL : 14
(I) ADMINISTER THE FUND; 15
(II) DEVELOP AN APPLICATIO N PROCESS TO APPLY F OR A 16
GRANT FROM THE FUND; AND 17
(III) AWARD GRANTS TO INSTI TUTIONS AS INTENDED BY THE 18
FUND. 19
(5) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 20
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 21
(II) THE STATE TREASURER SHALL HOLD THE FUND 22
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 23
(6) THE FUND CONSISTS OF : 24
(I) MONEY APPROPRIATED IN THE STATE BUDGET TO THE 25
FUND; 26
(II) INTEREST EARNINGS ; AND 27
(III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 28
FOR THE BENEFIT OF T HE FUND. 29
18 SENATE BILL 1022
(7) THE FUND MAY BE USED ONLY FOR EXPENSES INCURRE D BY AN 1
INSTITUTION FOR COLL ABORATING OR ATTEMPT ING TO COLLABORATE W ITH OTHER 2
INSTITUTIONS TO ESTA BLISH AND IMPLEMENT A NEW GRADUATE PROGR AM 3
IDENTIFIED IN A LETT ER OF INTENT UNDER T HIS SECTION, INCLUDING EXPENSES 4
FOR: 5
(I) SALARIES OF FACULTY W HO WORK TOGETHER TO 6
DETERMINE IF COLLABO RATION IS FEASIBLE F OR THE INSTITUTIONS ; AND 7
(II) COSTS ASSOCIATED WITH : 8
1. PROVIDING TRANSPORTAT ION FROM ONE 9
INSTITUTION TO ANOTH ER INSTITUTION FOR S HARED CLASSES OR FACILITIES ; AND 10
2. SHARING RESOURCES ACR OSS INSTITUTIONS , 11
INCLUDING RESEARCH C OLLABORATION , STUDENT EXCHANGE PRO GRAMS, JOINT 12
MARKETING OR RECRUIT MENT, FACULTY EXCHANGE PRO GRAMS, AND ONLINE 13
PROGRAM COLLABORATIO N. 14
(8) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 15
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 16
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 17
CREDITED TO THE FUND. 18
(9) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 19
ACCORDANCE WITH THE STATE BUDGET. 20
(10) MONEY EXPENDED FROM T HE FUND FOR EXPENSES INC URRED BY 21
INSTITUTIONS FOR COL LABORATING OR ATTEMP TING TO COLLABORATE TO 22
ESTABLISH AND IMPLEM ENT A NEW GRADUATE P ROGRAM IS SUPPLEMENT AL TO 23
AND IS NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT OT HERWISE WOULD 24
BE APPROPRIATED FOR THE NEW PROGRAM . 25
11–206.4. 26
(A) NOTWITHSTANDING THE P ROVISIONS OF §§ 11–206 AND 11–206.1 OF 27
THIS SUBTITLE, THE COMMISSION SHALL DEVE LOP AND IMPLEMENT A PROGRAM 28
REVIEW PROCESS FOR N EW PROPOSED PROGRAMS THAT: 29
(1) ARE OFFERED ONLY ONLINE AN D TO A MAJORITY OF 30
OUT–OF–STATE STUDENTS ; AND 31
SENATE BILL 1022 19
(2) ENABLE THE INSTITUTIO NS OF HIGHER EDUCATI ON IN THE 1
STATE TO COMPETE WITH OUT–OF–STATE COMPETITORS IN THE ONLINE 2
MARKETPLACE . 3
(B) THE COMMISSION SHALL INCL UDE THE PROGRAM REVI EW PROCESS 4
DEVELOPED UNDER THIS SECTION IN THE ADMIN ISTRATIVE PROCEDURES GUIDE 5
REQUIRED UNDER § 11–206.1(H) OF THIS SUBTITLE. 6
11–302. 7
(a) (1) The president of each public institution of higher education is 8
responsible for developing a mission statement. 9
(2) The president shall submit the mission statement to the institution’s 10
governing board. 11
(3) Upon the direction of the governing board, the president shall update 12
the mission statement every 4 years in the year immediately following the quadrennial 13
review of the State Plan for Higher Education as set forth in § 11–105 of this title. 14
(b) (1) The governing board: 15
(i) Shall review the mission statement and may require the 16
president to prepare a revised mission statement; 17
(ii) May adopt the mission statement as submitted or with 18
amendments; and 19
(iii) Shall submit the statement to the Commission. 20
(2) (i) In the case of constituent institutions of the University System 21
of Maryland, the Chancellor of the University System of Maryland shall review the 22
statement prior to its consideration by the Board of Regents and make recommendations. 23
(ii) Before adopting the mission statements, the Board of Regents 24
shall review the statements individually and on a systemwide basis to assure that: 25
1. They are consistent with the Charter and the systemwide 26
plan; and 27
2. They will promote the efficient and effective use of the 28
institution’s and System’s resources. 29
(iii) The Board shall consolidate the statements into an adopted 30
systemwide statement. 31
20 SENATE BILL 1022
(c) (1) Each regional higher education center shall: 1
(i) Develop a mission statement; 2
(ii) Submit the mission statement to the governing body of the 3
center; and 4
(iii) Upon direction of the governing body, update the mission 5
statement every 4 years in the year immediately following the quadrennial review of the 6
State Plan for Higher Education as set forth in § 11–105 of this title. 7
(2) The governing body of each regional higher education center: 8
(i) Shall review the mission statement and may require the 9
preparation of a revised mission statement; 10
(ii) May adopt the mission statement as submitted or with 11
amendment; and 12
(iii) Shall submit the statement to the Commission. 13
(d) (1) The Commission shall [review]: 14
(I) DEVELOP DETAILED CRIT ERIA FOR THE ROBUST REVIEW OF 15
MISSION STATEMENTS O F PUBLIC INSTITUTION S OF HIGHER EDUCATIO N, 16
INCLUDING ENSURING T HE MISSION OF EACH I NSTITUTION IS CLEARL Y DEFINED 17
AND DISTINCT FROM OT HER PUBLIC INSTITUTI ONS; AND 18
(II) REVIEW the mission statement to determine whether the 19
mission statement is consistent with the State Plan for Higher Education. 20
(2) The mission statement shall be deemed approved within 30 days of 21
receipt unless the Commission [finds]: 22
(I) FINDS the statement is not consistent with the State Plan for 23
Higher Education; OR 24
(II) REJECTS THE STATEMENT AFTER CONDUCTING A R EVIEW 25
IN ACCORDANCE WITH P ARAGRAPH (1) OF THIS SUBSECTION . 26
(3) (I) AFTER APPROVING OR RE JECTING A MISSION ST ATEMENT 27
OF A PUBLIC INSTITUT ION OF HIGHER EDUCATION , THE COMMISSION, IN 28
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, SHALL SUBMIT 29
TO THE SENATE BUDGET AND TAXATION COMMITTEE, THE SENATE COMMITTEE ON 30 SENATE BILL 1022 21
EDUCATION, ENERGY, AND THE ENVIRONMENT , AND THE HOUSE APPROPRIATIONS 1
COMMITTEE A REPORT THAT INCL UDES AN ANALYSIS EXP LAINING: 2
1. THE ROLE OF THE PUBLI C INSTITUTION OF HIG HER 3
EDUCATION WITHIN THE SYSTEM OF HIGHER EDU CATION IN THE STATE TO ENSURE 4
THE MISSION STATEMEN T IS CLEARLY DEFINED AND DISTINCT FROM OT HER PUBLIC 5
INSTITUTIONS OF HIGHER EDUCATIO N; AND 6
2. WHY THE MISSION STATE MENT WAS APPROVED OR 7
REJECTED. 8
(II) THE COMMISSION IS ENCOURA GED TO USE THE REPOR T 9
REQUIRED UNDER SUBPA RAGRAPH (I) OF THIS PARAGRAPH TO ENSURE THAT THE 10
STATE IS SUPPORTING E ACH PUBLIC INSTITUTI ON OF HIGHER EDUCATION IN 11
MEETING THE NEEDS DE SCRIBED IN THE MISSI ON STATEMENTS . 12
(4) (i) If the Commission finds that the MISSION statement is not 13
consistent with the State Plan for Higher Education OR REJECTS THE STATE MENT 14
UNDER PARAGRAPH (2) OF THIS SUBSECTION , the Commission shall return the 15
statement together with its objections that include the specific areas of inconsistency with 16
the State Plan for Higher Education to the governing board. 17
(ii) The governing board and the institution president shall 18
negotiate with the Commission and amend the statement or prepare a new statement. 19
Article – State Finance and Procurement 20
6–226. 21
(a) (2) (i) Notwithstanding any other provision of law, and unless 22
inconsistent with a federal law, grant agreement, or other federal requirement or with the 23
terms of a gift or settlement agreement, net interest on all State money allocated by the 24
State Treasurer under this section to special funds or accounts, and otherwise entitled to 25
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 26
Fund of the State. 27
(ii) The provisions of subparagraph (i) of this paragraph do not apply 28
to the following funds: 29
189. the Teacher Retention and Development Fund; [and] 30
190. the Protecting Against Hate Crimes Grant Fund; AND 31
191. THE PROPOSED PROGRAMS COLLABORATIVE GRANT 32
FUND. 33 22 SENATE BILL 1022
SECTION 3. AND BE IT FURTHER ENACTED, That: 1
(a) (1) The Maryland Higher Education Commission shall examine the 2
approval process established by the Commission for conducting academic program reviews 3
under §§ 11–206 and 11–206.1 of the Education Article, as enacted by Section 2 of this Act, 4
including all statutory and regulatory requirements regarding administrative procedures, 5
timelines, and deadlines, to determine whether the process, in whole or in part, needs 6
updating or revision to meet the needs of the institutions of higher education and students 7
in the State. 8
(2) On or before December 1, 2024, the Commission shall report its findings 9
and recommendations under paragraph (1) of this subsection to the General Assembly, in 10
accordance with § 2–1257 of the State Government Article. 11
(b) (1) The Commission, in collaboration with all institutions of higher 12
education in the State, shall evaluate whether the existing standard that triggers the 13
academic program review process for a substantial modification to an existing program 14
established under § 11–206 of the Education Article, as enacted by Section 2 of this Act, 15
and COMAR 13B.02.03.03E is the appropriate standard. 16
(2) If, after the evaluation conducted under paragraph (1) of this 17
subsection, the Commission determines that a new standard for establishing a substantial 18
modification to an existing program is appropriate, the Commission shall, on or before 19
January 1, 2025, adopt regulations establishing the new standard. 20
SECTION 4. AND BE IT FURTHER ENACTED, That: 21
(a) On or before January 1, 2025, the Maryland Higher Education Commission 22
shall update the State Plan for Higher Education last revised in 2022 to include updated 23
State and regional workforce needs information. 24
(b) During the process of updating the State Plan under subsection (a) of this 25
section, the Commission shall provide postsecondary education stakeholders with an 26
opportunity to provide input on State and regional workforce needs issues relevant to the 27
purposes and objective of the State Plan for Higher Education, including students, 28
members of the public, and major industry partners. 29
SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take ef fect July 30
1, 2024. 31