Old | New | Differences | |
---|---|---|---|
1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | 4 | [Brackets] indicate matter deleted from existing law. | |
5 | - | Underlining indicates amendments to bill. | |
6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | - | amendment. | |
8 | 5 | *sb1022* | |
9 | 6 | ||
10 | 7 | SENATE BILL 1022 | |
11 | 8 | F2 4lr2146 | |
12 | - | CF | |
9 | + | CF 4lr2145 | |
13 | 10 | By: Senators King and Watson | |
14 | 11 | Introduced and read first time: February 2, 2024 | |
15 | 12 | Assigned to: Education, Energy, and the Environment | |
16 | - | Committee Report: Favorable with amendments | |
17 | - | Senate action: Adopted | |
18 | - | Read second time: February 27, 2024 | |
19 | 13 | ||
20 | - | ||
14 | + | A BILL ENTITLED | |
21 | 15 | ||
22 | 16 | AN ACT concerning 1 | |
23 | 17 | ||
24 | 18 | Maryland Higher Education Commission – Academic Program Approval and 2 | |
25 | 19 | Institutional Mission Statements – Requirements 3 | |
26 | 20 | ||
27 | 21 | FOR the purpose of requiring the Maryland Department of Labor, the Department of 4 | |
28 | 22 | Commerce, and the Maryland Higher Education Commission to each have a certain 5 | |
29 | - | staff member who performs perform certain duties related to defining, identifying, 6 | |
30 | - | and compiling data regarding the workforce needs in the State and who works work 7 | |
31 | - | collaboratively across certain agencies in a certain manner; altering certain 8 | |
32 | - | requirements for the State Plan of Higher Education; requiring the Commission to 9 | |
33 | - | establish a Program Review Process Advisory Council; altering certain requirements 10 | |
34 | - | regarding the Commission’s academic program approval process; requiring the 11 | |
35 | - | Commission to develop and publish on its website on or before a certain date an 12 | |
36 | - | administrative procedures guide for the Commission’s program review process; 13 | |
37 | - | requiring the Commission to conduct a review of certain approved programs that 14 | |
38 | - | were subject to an objection of a historically Black college or university; requiring 15 | |
39 | - | certain institutions of higher education to submit to the Commission a certain letter 16 | |
40 | - | of intent regarding intended new graduate programs; establishing the Proposed 17 | |
41 | - | Programs Collaborative Grant Fund to award grants to certain public institutions of 18 | |
42 | - | higher education that collaborate to establish and implement new academic 19 | |
43 | - | graduate programs; authorizing the Commission to develop a program review 20 | |
44 | - | process for certain online programs in a certain manner; authorizing the Commission 21 | |
45 | - | or an institution of higher education to file an objection to implementation of a 22 | |
46 | - | proposed online program under certain circumstances; altering requirements for the 23 | |
47 | - | Commission’s review and approval of the mission statements of public institutions 24 | |
48 | - | of higher education; requiring the Commission, in collaboration with institutions of 25 2 SENATE BILL 1022 | |
23 | + | staff member who performs certain duties related to defining, identifying, and 6 | |
24 | + | compiling data regarding the workforce needs in the State and who works 7 | |
25 | + | collaboratively across certain agencies; altering certain requirements for the State 8 | |
26 | + | Plan of Higher Education; requiring the Commission to establish a Program Review 9 | |
27 | + | Process Advisory Council; altering certain requirements regarding the Commission’s 10 | |
28 | + | academic program approval process; requiring the Commission to develop and 11 | |
29 | + | publish on its website on or before a certain date an administrative procedures guide 12 | |
30 | + | for the Commission’s program review process; requiring the Commission to conduct 13 | |
31 | + | a review of certain approved programs that were subject to an objection of a 14 | |
32 | + | historically Black college or university; requiring certain institutions of higher 15 | |
33 | + | education to submit to the Commission a certain letter of intent regarding intended 16 | |
34 | + | new graduate programs; establishing the Proposed Programs Collaborative Grant 17 | |
35 | + | Fund to award grants to certain public institutions of higher education that 18 | |
36 | + | collaborate to establish and implement new academic graduate programs; 19 | |
37 | + | authorizing the Commission to develop a program review process for certain online 20 | |
38 | + | programs in a certain manner; altering requirements for the Commission’s review 21 | |
39 | + | and approval of the mission statements of public institutions of higher education; 22 | |
40 | + | requiring the Commission, in collaboration with institutions of higher education, to 23 | |
41 | + | evaluate the process for reviewing academic program proposals for a certain purpose 24 | |
42 | + | and to review the standard for triggering a review of a substantial modification to 25 | |
43 | + | an existing academic program; requiring the Commission to update the State Plan 26 | |
44 | + | for Higher Education on or before a certain date; and generally relating to academic 27 | |
45 | + | program approval, institutional mission statements, and the Maryland Higher 28 | |
46 | + | Education Commission. 29 | |
47 | + | ||
48 | + | BY renumbering 30 2 SENATE BILL 1022 | |
49 | 49 | ||
50 | 50 | ||
51 | - | higher education, to evaluate the process for reviewing academic program proposals 1 | |
52 | - | for a certain purpose and to review the standard for triggering a review of a 2 | |
53 | - | substantial modification to an existing academic program; requiring the Commission 3 | |
54 | - | to update the State Plan for Higher Education on or before a certain date; and 4 | |
55 | - | generally relating to academic program approval, institutional mission statements, 5 | |
56 | - | and the Maryland Higher Education Commission. 6 | |
51 | + | Article – Education 1 | |
52 | + | Section 11–206.2, 11–206.3, and 11–206.4 2 | |
53 | + | to be Section 11–206.5, 11–206.6, and 11–206.7, respectively 3 | |
54 | + | Annotated Code of Maryland 4 | |
55 | + | (2022 Replacement Volume and 2023 Supplement) 5 | |
57 | 56 | ||
58 | - | BY renumbering 7 | |
59 | - | Article – Education 8 | |
60 | - | Section 11–206.2, 11–206.3, and 11–206.4 9 | |
61 | - | to be Section 11–206.5, 11–206.6, and 11–206.7, respectively 10 | |
62 | - | Annotated Code of Maryland 11 | |
63 | - | (2022 Replacement Volume and 2023 Supplement) 12 | |
57 | + | BY repealing and reenacting, without amendments, 6 | |
58 | + | Article – Business Regulation 7 | |
59 | + | Section 1–101(a) and (f) 8 | |
60 | + | Annotated Code of Maryland 9 | |
61 | + | (2015 Replacement Volume and 2023 Supplement) 10 | |
64 | 62 | ||
65 | - | BY | |
66 | - | Article – Business Regulation | |
67 | - | Section | |
68 | - | Annotated Code of Maryland | |
69 | - | (2015 Replacement Volume and 2023 Supplement) | |
63 | + | BY adding to 11 | |
64 | + | Article – Business Regulation 12 | |
65 | + | Section 2–103.2 13 | |
66 | + | Annotated Code of Maryland 14 | |
67 | + | (2015 Replacement Volume and 2023 Supplement) 15 | |
70 | 68 | ||
71 | - | BY | |
72 | - | Article – | |
73 | - | Section | |
74 | - | Annotated Code of Maryland | |
75 | - | ( | |
69 | + | BY repealing and reenacting, without amendments, 16 | |
70 | + | Article – Economic Development 17 | |
71 | + | Section 1–101(a) and (c) 18 | |
72 | + | Annotated Code of Maryland 19 | |
73 | + | (2018 Replacement Volume and 2023 Supplement) 20 | |
76 | 74 | ||
77 | - | BY repealing and reenacting, | |
78 | - | Article – Economic Development | |
79 | - | Section | |
80 | - | Annotated Code of Maryland | |
81 | - | (2018 Replacement Volume and 2023 Supplement) | |
75 | + | BY repealing and reenacting, with amendments, 21 | |
76 | + | Article – Economic Development 22 | |
77 | + | Section 2.5–106(17) and (18) 23 | |
78 | + | Annotated Code of Maryland 24 | |
79 | + | (2018 Replacement Volume and 2023 Supplement) 25 | |
82 | 80 | ||
83 | - | BY | |
84 | - | Article – Economic Development | |
85 | - | Section 2.5–106( | |
86 | - | Annotated Code of Maryland | |
87 | - | (2018 Replacement Volume and 2023 Supplement) | |
81 | + | BY adding to 26 | |
82 | + | Article – Economic Development 27 | |
83 | + | Section 2.5–106(19) 28 | |
84 | + | Annotated Code of Maryland 29 | |
85 | + | (2018 Replacement Volume and 2023 Supplement) 30 | |
88 | 86 | ||
89 | - | BY | |
90 | - | Article – | |
91 | - | Section 2 | |
92 | - | Annotated Code of Maryland | |
93 | - | ( | |
87 | + | BY repealing and reenacting, with amendments, 31 | |
88 | + | Article – Education 32 | |
89 | + | Section 11–104, 11–105(b)(2) and (3), 11–106, 11–206, 11–206.1, and 11–302 33 | |
90 | + | Annotated Code of Maryland 34 | |
91 | + | (2022 Replacement Volume and 2023 Supplement) 35 | |
94 | 92 | ||
95 | - | BY repealing and reenacting, with amendments, 38 | |
96 | - | Article – Education 39 | |
97 | - | Section 11–104, 11–105(b)(2) and (3), 11–106, 11–206, 11–206.1, and 11–302 40 SENATE BILL 1022 3 | |
98 | - | ||
99 | - | ||
100 | - | Annotated Code of Maryland 1 | |
101 | - | (2022 Replacement Volume and 2023 Supplement) 2 | |
102 | - | ||
103 | - | BY adding to 3 | |
104 | - | Article – Education 4 | |
105 | - | Section 11–206.2, 11–206.3, and 11–206.4 5 | |
106 | - | Annotated Code of Maryland 6 | |
107 | - | (2022 Replacement Volume and 2023 Supplement) 7 | |
108 | - | ||
109 | - | BY repealing and reenacting, without amendments, 8 | |
110 | - | Article – State Finance and Procurement 9 | |
111 | - | Section 6–226(a)(2)(i) 10 | |
112 | - | Annotated Code of Maryland 11 | |
113 | - | (2021 Replacement Volume and 2023 Supplement) 12 | |
114 | - | ||
115 | - | BY repealing and reenacting, with amendments, 13 | |
116 | - | Article – State Finance and Procurement 14 | |
117 | - | Section 6–226(a)(2)(ii)189. and 190. 15 | |
118 | - | Annotated Code of Maryland 16 | |
119 | - | (2021 Replacement Volume and 2023 Supplement) 17 | |
120 | - | ||
121 | - | BY adding to 18 | |
122 | - | Article – State Finance and Procurement 19 | |
123 | - | Section 6–226(a)(2)(ii)191. 20 | |
124 | - | Annotated Code of Maryland 21 | |
125 | - | (2021 Replacement Volume and 2023 Supplement) 22 | |
126 | - | ||
127 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23 | |
128 | - | That Section(s) 11–206.2, 11–206.3, and 11–206.4 of Article – Education of the Annotated 24 | |
129 | - | Code of Maryland be renumbered to be Section(s) 11–206.5, 11–206.6, and 11–206.7, 25 | |
130 | - | respectively. 26 | |
131 | - | ||
132 | - | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 27 | |
133 | - | as follows: 28 | |
134 | - | ||
135 | - | Article – Business Regulation 29 | |
136 | - | ||
137 | - | 1–101. 30 | |
138 | - | ||
139 | - | (a) In this article the following words have the meanings indicated. 31 | |
140 | - | ||
141 | - | (f) “Department” means the Maryland Department of Labor. 32 | |
142 | - | ||
143 | - | 2–103.2. 33 | |
144 | - | ||
145 | - | THE DEPARTMENT SHALL HAVE AT LEAST ONE FULL –TIME STAFF MEMBER 34 | |
146 | - | WHO IS RESPONSIBLE F OR: 35 4 SENATE BILL 1022 | |
93 | + | BY adding to 36 | |
94 | + | Article – Education 37 | |
95 | + | Section 11–206.2, 11–206.3, and 11–206.4 38 | |
96 | + | Annotated Code of Maryland 39 | |
97 | + | (2022 Replacement Volume and 2023 Supplement) 40 SENATE BILL 1022 3 | |
147 | 98 | ||
148 | 99 | ||
149 | 100 | ||
150 | - | (1) DEFINING, IDENTIFYING, AND COMPILING DATA ON STATE AND 1 | |
151 | - | REGIONAL WORKFORCE N EEDS; AND 2 | |
101 | + | BY repealing and reenacting, without amendments, 1 | |
102 | + | Article – State Finance and Procurement 2 | |
103 | + | Section 6–226(a)(2)(i) 3 | |
104 | + | Annotated Code of Maryland 4 | |
105 | + | (2021 Replacement Volume and 2023 Supplement) 5 | |
152 | 106 | ||
153 | - | ||
154 | - | ||
155 | - | ||
156 | - | ||
157 | - | ||
107 | + | BY repealing and reenacting, with amendments, 6 | |
108 | + | Article – State Finance and Procurement 7 | |
109 | + | Section 6–226(a)(2)(ii)189. and 190. 8 | |
110 | + | Annotated Code of Maryland 9 | |
111 | + | (2021 Replacement Volume and 2023 Supplement) 10 | |
158 | 112 | ||
159 | - | Article – Economic Development 8 | |
113 | + | BY adding to 11 | |
114 | + | Article – State Finance and Procurement 12 | |
115 | + | Section 6–226(a)(2)(ii)191. 13 | |
116 | + | Annotated Code of Maryland 14 | |
117 | + | (2021 Replacement Volume and 2023 Supplement) 15 | |
160 | 118 | ||
161 | - | 1–101. 9 | |
119 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 | |
120 | + | That Section(s) 11–206.2, 11–206.3, and 11–206.4 of Article – Education of the Annotated 17 | |
121 | + | Code of Maryland be renumbered to be Section(s) 11–206.5, 11–206.6, and 11–206.7, 18 | |
122 | + | respectively. 19 | |
162 | 123 | ||
163 | - | (a) In this division the following words have the meanings indicated. 10 | |
124 | + | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 20 | |
125 | + | as follows: 21 | |
164 | 126 | ||
165 | - | ||
127 | + | Article – Business Regulation 22 | |
166 | 128 | ||
167 | - | ||
129 | + | 1–101. 23 | |
168 | 130 | ||
169 | - | The | |
131 | + | (a) In this article the following words have the meanings indicated. 24 | |
170 | 132 | ||
171 | - | (17) facilitate regular meetings among its regional experts, financial 14 | |
172 | - | incentive team, and tourism development team to determine the success in meeting overall 15 | |
173 | - | economic development strategic goals and in addressing the economic development needs 16 | |
174 | - | of each region; [and] 17 | |
133 | + | (f) “Department” means the Maryland Department of Labor. 25 | |
175 | 134 | ||
176 | - | (18) work with community colleges to enhance the role of community 18 | |
177 | - | colleges in providing workforce training services, including industry–specific education and 19 | |
178 | - | training in response to the needs of the State; AND 20 | |
135 | + | 2–103.2. 26 | |
179 | 136 | ||
180 | - | | |
181 | - | RESPONSIBLE | |
137 | + | THE DEPARTMENT SHALL HAVE AT LEAST ONE FULL –TIME STAFF MEMBER 27 | |
138 | + | WHO IS RESPONSIBLE F OR: 28 | |
182 | 139 | ||
183 | - | ( | |
184 | - | ||
140 | + | (1) DEFINING, IDENTIFYING, AND COMPILING DATA O N STATE AND 29 | |
141 | + | REGIONAL WORKFORCE N EEDS; AND 30 | |
185 | 142 | ||
186 | - | (II) WORKING WORK COLLABORATIVELY WITH THE MARYLAND 25 | |
187 | - | DEPARTMENT OF LABOR AND THE MARYLAND HIGHER EDUCATION COMMISSION 26 | |
188 | - | TO PRODUCE UNIFORM A ND CONSISTENT BASELI NE DATA, INCLUDING COMMON 27 | |
189 | - | SOURCES AND MEASUREM ENTS, ABOUT WORKFORCE NEED S TO INFORM STATE 28 | |
190 | - | POLICIES RELATING TO POSTSECONDARY EDUCAT ION. 29 | |
191 | - | ||
192 | - | Article – Education 30 | |
193 | - | SENATE BILL 1022 5 | |
143 | + | (2) WORKING COLLABORATIV ELY WITH THE DEPARTMENT OF 31 | |
144 | + | COMMERCE AND THE MARYLAND HIGHER EDUCATION COMMISSION TO PRODUCE 32 | |
145 | + | UNIFORM AND CONSISTE NT BASELINE DATA , INCLUDING COMM ON SOURCES AND 33 4 SENATE BILL 1022 | |
194 | 146 | ||
195 | 147 | ||
196 | - | 11–104. 1 | |
148 | + | MEASUREMENTS , ABOUT WORKFORCE NEED S TO INFORM STATE POLICIES 1 | |
149 | + | RELATING TO POSTSECO NDARY EDUCATION . 2 | |
197 | 150 | ||
198 | - | (a) The Governor shall appoint, with the advice and consent of the Senate, a 2 | |
199 | - | Secretary of Higher Education. 3 | |
151 | + | Article – Economic Development 3 | |
200 | 152 | ||
201 | - | ||
153 | + | 1–101. 4 | |
202 | 154 | ||
203 | - | ( | |
155 | + | (a) In this division the following words have the meanings indicated. 5 | |
204 | 156 | ||
205 | - | ( | |
157 | + | (c) “Department” means the Department of Commerce. 6 | |
206 | 158 | ||
207 | - | (iii) See that the policies and decisions of the Commission are carried 7 | |
208 | - | out; 8 | |
159 | + | 2.5–106. 7 | |
209 | 160 | ||
210 | - | ||
161 | + | The Department shall: 8 | |
211 | 162 | ||
212 | - | (v) Be a member of the Governor’s Executive Council. 10 | |
163 | + | (17) facilitate regular meetings among its regional experts, financial 9 | |
164 | + | incentive team, and tourism development team to determine the success in meeting overall 10 | |
165 | + | economic development strategic goals and in addressing the economic development needs 11 | |
166 | + | of each region; [and] 12 | |
213 | 167 | ||
214 | - | (2) (i) After consideration of the recommendations of the Commission, 11 | |
215 | - | the Governor shall include in the annual budget request the salary for the Secretary. 12 | |
168 | + | (18) work with community colleges to enhance the role of community 13 | |
169 | + | colleges in providing workforce training services, including industry–specific education and 14 | |
170 | + | training in response to the needs of the State; AND 15 | |
216 | 171 | ||
217 | - | ( | |
218 | - | ||
172 | + | (19) HAVE AT LEAST ONE FU LL–TIME STAFF MEMBER WH O IS 16 | |
173 | + | RESPONSIBLE FOR : 17 | |
219 | 174 | ||
220 | - | ( | |
221 | - | ||
175 | + | (I) DEFINING, IDENTIFYING, AND COMPILING DATA O N STATE 18 | |
176 | + | AND REGIONAL WORKFOR CE NEEDS; AND 19 | |
222 | 177 | ||
223 | - | (2) THE SECRETARY SHALL HAVE AT LEAST ONE FULL –TIME STAFF 17 | |
224 | - | MEMBER WHO IS RESPON SIBLE FOR: 18 | |
178 | + | (II) WORKING COLLABORATIV ELY WITH THE MARYLAND 20 | |
179 | + | DEPARTMENT OF LABOR AND THE MARYLAND HIGHER EDUCATION COMMISSION 21 | |
180 | + | TO PRODUCE UNIFORM A ND CONSISTENT BASELI NE DATA, INCLUDING COMMON 22 | |
181 | + | SOURCES AND MEASUREM ENTS, ABOUT WORKFORCE NEED S TO INFORM STATE 23 | |
182 | + | POLICIES RELATING TO POSTSECONDARY EDUCAT ION. 24 | |
225 | 183 | ||
226 | - | (I) DEFINING, IDENTIFYING, AND COMPILING DATA O N STATE 19 | |
227 | - | AND REGIONAL WORKFOR CE NEEDS; AND 20 | |
184 | + | Article – Education 25 | |
228 | 185 | ||
229 | - | (II) WORKING COLLABORATIVE LY WITH THE DEPARTMENT OF 21 | |
230 | - | COMMERCE AND THE MARYLAND DEPARTMENT OF LABOR TO PRODUCE UNIF ORM 22 | |
231 | - | AND CONSISTENT BASEL INE DATA, INCLUDING COMMON SOU RCES AND 23 | |
232 | - | MEASUREMENTS , ABOUT WORKFORCE NEED S TO INFORM STATE POLICIES 24 | |
233 | - | RELATING TO POSTSECO NDARY EDUCATION. 25 | |
186 | + | 11–104. 26 | |
234 | 187 | ||
235 | - | (d) (1) Each employee of the Commission shall join the Teachers’ Pension 26 | |
236 | - | System of the State of Maryland or the Employees’ Pension System of the State of 27 | |
237 | - | Maryland. 28 | |
188 | + | (a) The Governor shall appoint, with the advice and consent of the Senate, a 27 | |
189 | + | Secretary of Higher Education. 28 | |
238 | 190 | ||
239 | - | ( | |
240 | - | ||
241 | - | ||
191 | + | (b) (1) The Secretary shall: 29 | |
192 | + | ||
193 | + | (i) Select, organize, and direct the staff of the Commission; 30 SENATE BILL 1022 5 | |
242 | 194 | ||
243 | 195 | ||
244 | 196 | ||
245 | - | ||
197 | + | (ii) Perform the duties the Commission assigns; 1 | |
246 | 198 | ||
247 | - | (b) (2) (i) In consultation with the governing boards and agencies 2 | |
248 | - | concerned with postsecondary education in the State, the Commission shall develop and 3 | |
249 | - | periodically update an overall plan consistent with the Charter, known as the State Plan 4 | |
250 | - | for Higher Education, that shall identify: 5 | |
199 | + | (iii) See that the policies and decisions of the Commission are carried 2 | |
200 | + | out; 3 | |
251 | 201 | ||
252 | - | 1. The present and future needs for postsecondary education 6 | |
253 | - | and research throughout the State, INCLUDING CURRENT AN D EMERGING STATE AND 7 | |
254 | - | REGIONAL WORKFORCE N EEDS IN ACCORDANCE W ITH SUBPARAGRAPH (IV) OF THIS 8 | |
255 | - | PARAGRAPH ; 9 | |
202 | + | (iv) Serve at the pleasure of the Governor; and 4 | |
256 | 203 | ||
257 | - | 2. The present and future capabilities of the different 10 | |
258 | - | institutions and segments of postsecondary education in the State, INCLUDING ANY 11 | |
259 | - | SPECIFIC ACADEMIC PR OGRAMS PARTICULAR IN STITUTIONS COULD DEV ELOP TO 12 | |
260 | - | FULFILL OR SUPPORT I DENTIFIED WORKFORCE NEEDS; and 13 | |
204 | + | (v) Be a member of the Governor’s Executive Council. 5 | |
261 | 205 | ||
262 | - | 3. The long–range and short–range objectives and priorities 14 | |
263 | - | for postsecondary education and methods and guidelines for achieving and maintaining 15 | |
264 | - | them. 16 | |
206 | + | (2) (i) After consideration of the recommendations of the Commission, 6 | |
207 | + | the Governor shall include in the annual budget request the salary for the Secretary. 7 | |
265 | 208 | ||
266 | - | (ii) The Commission shall ensure that the State Plan for Higher 17 | |
267 | - | Education complies with the State’s equal educational opportunity obligations under State 18 | |
268 | - | and federal law, including Title VI of the Civil Rights Act. 19 | |
209 | + | (ii) The Secretary is entitled to the salary provided in the State 8 | |
210 | + | budget. 9 | |
269 | 211 | ||
270 | - | (iii) In developing the State Plan for Higher Education, the 20 | |
271 | - | Commission shall incorporate the goals and priorities for higher education identified in this 21 | |
272 | - | Division III and, for the University System of Maryland, including those identified in §§ 22 | |
273 | - | 10–209 and 12–106 of this article FOR ALL PUBLIC INSTI TUTIONS OF HIGHER 23 | |
274 | - | EDUCATION. 24 | |
212 | + | (c) (1) The Secretary may hire the additional staff provided in the State 10 | |
213 | + | budget. 11 | |
275 | 214 | ||
276 | - | ( | |
277 | - | ||
215 | + | (2) THE SECRETARY SHALL HAVE AT LEAST ONE FULL –TIME STAFF 12 | |
216 | + | MEMBER WHO IS RESPON SIBLE FOR: 13 | |
278 | 217 | ||
279 | - | 1. USE THE UNIFORM AND C ONSISTENT BASELINE D ATA, 27 | |
280 | - | INCLUDING COMMON SOUR CES AND MEASUREMENTS , ABOUT WORKFORCE NEED S 28 | |
281 | - | DEVELOPED IN COLLABO RATION WITH THE DEPARTMENT OF COMMERCE AND THE 29 | |
282 | - | MARYLAND DEPARTMENT OF LABOR; 30 | |
218 | + | (I) DEFINING, IDENTIFYING, AND COMPILING DATA O N STATE 14 | |
219 | + | AND REGIONAL WORKFOR CE NEEDS; AND 15 | |
283 | 220 | ||
284 | - | 2. CONSULT, AS NECESSARY , WITH OTHER STATE 31 | |
285 | - | AGENCIES WITH UNIQUE EXPERTISE IN SPECIFI C WORK FORCE SEGMENTS , 32 | |
286 | - | INCLUDING THE MARYLAND LONGITUDINAL DATA SYSTEM CENTER, 33 | |
287 | - | OCCUPATIONAL LICENSI NG BOARDS, AND NATIONAL ORGANIZ ATIONS; 34 | |
288 | - | SENATE BILL 1022 7 | |
221 | + | (II) WORKING COLLABORATIVE LY WITH THE DEPARTMENT OF 16 | |
222 | + | COMMERCE AND THE MARYLAND DEPARTMENT OF LABOR TO PRODUCE UNIF ORM 17 | |
223 | + | AND CONSISTENT BASEL INE DATA, INCLUDING COMMON SOU RCES AND 18 | |
224 | + | MEASUREMENTS , ABOUT WORKFORCE NEED S TO INFORM STATE POLICIES 19 | |
225 | + | RELATING TO POSTSECO NDARY EDUCATION . 20 | |
226 | + | ||
227 | + | (d) (1) Each employee of the Commission shall join the Teachers’ Pension 21 | |
228 | + | System of the State of Maryland or the Employees’ Pension System of the State of 22 | |
229 | + | Maryland. 23 | |
230 | + | ||
231 | + | (2) Any employee of the Commission who is determined by the Secretary 24 | |
232 | + | to hold a professional position may join the optional retirement program under Title 30 of 25 | |
233 | + | the State Personnel and Pensions Article. 26 | |
234 | + | ||
235 | + | 11–105. 27 | |
236 | + | ||
237 | + | (b) (2) (i) In consultation with the governing boards and agencies 28 | |
238 | + | concerned with postsecondary education in the State, the Commission shall develop and 29 | |
239 | + | periodically update an overall plan consistent with the Charter, known as the State Plan 30 | |
240 | + | for Higher Education, that shall identify: 31 | |
241 | + | 6 SENATE BILL 1022 | |
289 | 242 | ||
290 | 243 | ||
291 | - | 3. USE DATA FROM RESOURC ES AND LITERATURE 1 | |
292 | - | RELATING TO SPECIFIC OCCUPATIONS ; AND 2 | |
244 | + | 1. The present and future needs for postsecondary education 1 | |
245 | + | and research throughout the State, INCLUDING CURRENT AN D EMERGING STATE AND 2 | |
246 | + | REGIONAL WORKFORCE N EEDS IN ACCORDANCE W ITH SUBPARAGRAPH (IV) OF THIS 3 | |
247 | + | PARAGRAPH ; 4 | |
293 | 248 | ||
294 | - | 4. PROVIDE ALL INSTITUTI ONS OF HIGHER EDUCATION 3 | |
295 | - | IN THE STATE WITH ACCESS TO THIS BASELINE DATA . 4 | |
249 | + | 2. The present and future capabilities of the different 5 | |
250 | + | institutions and segments of postsecondary education in the State, INCLUDING ANY 6 | |
251 | + | SPECIFIC ACADEMIC PR OGRAMS PARTICULAR INSTI TUTIONS COULD DEVELO P TO 7 | |
252 | + | FULFILL OR SUPPORT I DENTIFIED WORKFORCE NEEDS; and 8 | |
296 | 253 | ||
297 | - | (V) THE COMMISSION SHALL UPDA TE THE WORKFORCE NEE DS 5 | |
298 | - | IDENTIFIED IN THE MO ST RECENT VERSION OF THE STATE PLAN FOR HIGHER 6 | |
299 | - | EDUCATION EACH YEAR A S AN APPENDIX TO THE PLAN AND POST THE UP DATE ON 7 | |
300 | - | THE COMMISSION’S WEBSITE. 8 | |
254 | + | 3. The long–range and short–range objectives and priorities 9 | |
255 | + | for postsecondary education and methods and guidelines for achieving and maintaining 10 | |
256 | + | them. 11 | |
301 | 257 | ||
302 | - | ( | |
303 | - | ||
304 | - | ||
258 | + | (ii) The Commission shall ensure that the State Plan for Higher 12 | |
259 | + | Education complies with the State’s equal educational opportunity obligations under State 13 | |
260 | + | and federal law, including Title VI of the Civil Rights Act. 14 | |
305 | 261 | ||
306 | - | (ii) The quadrennial review shall include a report on the status and 12 | |
307 | - | needs of postsecondary education in the State. 13 | |
262 | + | (iii) In developing the State Plan for Higher Education, the 15 | |
263 | + | Commission shall incorporate the goals and priorities for higher education identified in this 16 | |
264 | + | Division III and, for the University System of Maryland, including those identified in §§ 17 | |
265 | + | 10–209 and 12–106 of this article. 18 | |
308 | 266 | ||
309 | - | (III) BEGINNING WITH THE QU ADRENNIAL REVIEW OF THE 14 | |
310 | - | STATE PLAN FOR HIGHER EDUCATION DUE BY JULY 1, 2026, THE COMMISSION 15 | |
311 | - | SHALL SUBMIT THE PROPOSED PL AN TO THE LEGISLATIVE POLICY COMMITTEE FOR 16 | |
312 | - | REVIEW AND COMMENT B EFORE ADOPTION BY TH E COMMISSION. 17 | |
267 | + | (IV) IN IDENTIFYING STATE AND REGIONAL WO RKFORCE NEEDS 19 | |
268 | + | FOR THE STATE PLAN FOR HIGHER EDUCATION, THE COMMISSION SHALL : 20 | |
313 | 269 | ||
314 | - | 11–106. 18 | |
270 | + | 1. USE THE UNIFORM AND C ONSISTENT BASELINE D ATA, 21 | |
271 | + | INCLUDING COMMON SOU RCES AND MEASUREMENT S, ABOUT WORKFORCE NEED S 22 | |
272 | + | DEVELOPED IN COLLABO RATION WITH THE DEPARTMENT OF COMMERCE AND THE 23 | |
273 | + | MARYLAND DEPARTMENT OF LABOR; 24 | |
315 | 274 | ||
316 | - | (a) (1) The Commission shall establish: 19 | |
275 | + | 2. CONSULT, AS NECESSARY , WITH OTHER STATE 25 | |
276 | + | AGENCIES WITH UNIQUE EXPERTISE IN SPECIFI C WORKFORCE SEGMENTS , 26 | |
277 | + | INCLUDING THE MARYLAND LONGITUDINAL DATA SYSTEM CENTER, 27 | |
278 | + | OCCUPATIONAL LICEN SING BOARDS, AND NATIONAL ORGANIZ ATIONS; 28 | |
317 | 279 | ||
318 | - | (i) A Faculty Advisory Council; 20 | |
280 | + | 3. USE DATA FROM RESOURC ES AND LITERATURE 29 | |
281 | + | RELATING TO SPECIFIC OCCUPATIONS ; AND 30 | |
319 | 282 | ||
320 | - | (ii) A Student Advisory Council; 21 | |
283 | + | 4. PROVIDE ALL INSTITUTI ONS OF HIGHER EDUCAT ION 31 | |
284 | + | IN THE STATE WITH ACCESS TO THIS BASELINE DATA . 32 | |
321 | 285 | ||
322 | - | (iii) A Segmental Advisory Council; 22 | |
286 | + | (V) THE COMMISSION SHALL UPDATE THE WORKFORCE NEEDS 33 | |
287 | + | IDENTIFIED IN THE MO ST RECENT VERSION OF THE STATE PLAN FOR HIGHER 34 SENATE BILL 1022 7 | |
323 | 288 | ||
324 | - | (iv) A Financial Assistance Advisory Council; 23 | |
325 | 289 | ||
326 | - | (v) A Maryland Digital Library Advisory Council; [and] 24 | |
290 | + | EDUCATION EACH YEAR A S AN APPENDIX TO THE PLAN AND POST THE UP DATE ON 1 | |
291 | + | THE COMMISSION’S WEBSITE. 2 | |
327 | 292 | ||
328 | - | (vi) A Private Career School Advisory Council; AND 25 | |
293 | + | (3) (i) The Commission shall submit to the Governor and, subject to § 3 | |
294 | + | 2–1257 of the State Government Article, to the General Assembly a quadrennial review of 4 | |
295 | + | the plan by July 1, 2009, and by July 1 of each fourth year thereafter. 5 | |
329 | 296 | ||
330 | - | (VII) A PROGRAM REVIEW PROCESS ADVISORY COUNCIL. 26 | |
297 | + | (ii) The quadrennial review shall include a report on the status and 6 | |
298 | + | needs of postsecondary education in the State. 7 | |
331 | 299 | ||
332 | - | (2) These Councils shall meet periodically for the purpose of reviewing such 27 | |
333 | - | matters as are referred by the Commission or the Secretary for their consideration and 28 | |
334 | - | advice. 29 | |
300 | + | (III) BEGINNING WITH THE QU ADRENNIAL REVIEW OF THE 8 | |
301 | + | STATE PLAN FOR HIGHER EDUCATION DUE BY JULY 1, 2026, THE COMMISSION 9 | |
302 | + | SHALL SUBMIT THE PRO POSED PLAN TO THE LEGISLATIVE POLICY COMMITTEE FOR 10 | |
303 | + | REVIEW AND COMMENT B EFORE ADOP TION BY THE COMMISSION. 11 | |
304 | + | ||
305 | + | 11–106. 12 | |
306 | + | ||
307 | + | (a) (1) The Commission shall establish: 13 | |
308 | + | ||
309 | + | (i) A Faculty Advisory Council; 14 | |
310 | + | ||
311 | + | (ii) A Student Advisory Council; 15 | |
312 | + | ||
313 | + | (iii) A Segmental Advisory Council; 16 | |
314 | + | ||
315 | + | (iv) A Financial Assistance Advisory Council; 17 | |
316 | + | ||
317 | + | (v) A Maryland Digital Library Advisory Council; [and] 18 | |
318 | + | ||
319 | + | (vi) A Private Career School Advisory Council; AND 19 | |
320 | + | ||
321 | + | (VII) A PROGRAM REVIEW PROCESS ADVISORY COUNCIL. 20 | |
322 | + | ||
323 | + | (2) These Councils shall meet periodically for the purpose of reviewing such 21 | |
324 | + | matters as are referred by the Commission or the Secretary for their consideration and 22 | |
325 | + | advice. 23 | |
326 | + | ||
327 | + | (3) The Councils may make reports and recommendations to the 24 | |
328 | + | Commission. 25 | |
329 | + | ||
330 | + | (b) (1) The Commission may appoint continuing advisory committees that 26 | |
331 | + | represent various groups in the higher education community. 27 | |
332 | + | ||
333 | + | (2) Advisory committees may make recommendations to the Commission 28 | |
334 | + | on matters of statewide importance that affect their constituencies. 29 | |
335 | 335 | 8 SENATE BILL 1022 | |
336 | 336 | ||
337 | 337 | ||
338 | - | (3) The Councils may make reports and recommendations to the 1 | |
339 | - | Commission. 2 | |
338 | + | 11–206. 1 | |
340 | 339 | ||
341 | - | (b) (1) The Commission may appoint continuing advisory committees that 3 | |
342 | - | represent various groups in the higher education community. 4 | |
340 | + | (a) This section does not apply to: 2 | |
343 | 341 | ||
344 | - | (2) Advisory committees may make recommendations to the Commission 5 | |
345 | - | on matters of statewide importance that affect their constituencies. 6 | |
342 | + | (1) New programs proposed to be implemented by public and private 3 | |
343 | + | nonprofit institutions of higher education using existing program resources in accordance 4 | |
344 | + | with § 11–206.1 of this subtitle; 5 | |
346 | 345 | ||
347 | - | 11–206. 7 | |
346 | + | (2) Programs offered by institutions of higher education that operate in the 6 | |
347 | + | State without a certificate of approval in accordance with § 11–202.1(b) of this subtitle; and 7 | |
348 | 348 | ||
349 | - | (a) This section does not apply to: 8 | |
349 | + | (3) The Cyber Warrior Diversity Program established under Subtitle 14 of 8 | |
350 | + | this title. 9 | |
350 | 351 | ||
351 | - | (1) New programs proposed to be implemented by public and private 9 | |
352 | - | nonprofit institutions of higher education using existing program resources in accordance 10 | |
353 | - | with § 11–206.1 of this subtitle; 11 | |
352 | + | (b) (1) Prior to the proposed date of implementation, the governing body of an 10 | |
353 | + | institution of postsecondary education shall submit to the Commission each proposal for: 11 | |
354 | 354 | ||
355 | - | (2) Programs offered by institutions of higher education that operate in the 12 | |
356 | - | State without a certificate of approval in accordance with § 11–202.1(b) of this subtitle; and 13 | |
355 | + | (i) A new program; or 12 | |
357 | 356 | ||
358 | - | (3) The Cyber Warrior Diversity Program established under Subtitle 14 of 14 | |
359 | - | this title. 15 | |
357 | + | (ii) A substantial modification of an existing program. 13 | |
360 | 358 | ||
361 | - | (b) (1) Prior to the proposed date of implementation, the governing body of an 16 | |
362 | - | institution of postsecondary education shall submit to the Commission each proposal for: 17 | |
359 | + | (2) The Commission shall review each such proposal and: 14 | |
363 | 360 | ||
364 | - | (i) A new program; or 18 | |
361 | + | (i) With respect to each public institution of postsecondary 15 | |
362 | + | education, either approve or disapprove the proposal; 16 | |
365 | 363 | ||
366 | - | (ii) A substantial modification of an existing program. 19 | |
364 | + | (ii) Except as provided in § 16–108(c) of this article, with respect to 17 | |
365 | + | each private nonprofit or for–profit institution of higher education, either recommend that 18 | |
366 | + | the proposal be implemented or that the proposal not be implemented; and 19 | |
367 | 367 | ||
368 | - | (2) The Commission shall review each such proposal and: 20 | |
368 | + | (iii) With respect to a private career school, either approve or 20 | |
369 | + | disapprove the proposal. 21 | |
369 | 370 | ||
370 | - | ( | |
371 | - | ||
371 | + | (3) If the Commission fails to act within 60 days of the date of submission 22 | |
372 | + | of the completed proposal, the proposal shall be deemed approved. 23 | |
372 | 373 | ||
373 | - | ( | |
374 | - | ||
375 | - | ||
374 | + | (4) Except as provided in paragraph (3) of this subsection, a public 24 | |
375 | + | institution of postsecondary education and private career school may not implement a 25 | |
376 | + | proposal without the prior approval of the Commission. 26 | |
376 | 377 | ||
377 | - | (iii) With respect to a private career school, either approve or 26 | |
378 | - | disapprove the proposal. 27 | |
378 | + | (5) (i) Except as provided in paragraph (3) of this subsection, and 27 | |
379 | + | subject to subparagraph (ii) of this paragraph, a program that has not received a positive 28 | |
380 | + | recommendation by the Commission may be implemented by: 29 | |
379 | 381 | ||
380 | - | | |
381 | - | of | |
382 | + | 1. Subject to the provisions of § 17–105 of this article, a 30 | |
383 | + | private nonprofit institution of higher education; or 31 | |
382 | 384 | SENATE BILL 1022 9 | |
383 | 385 | ||
384 | 386 | ||
385 | - | (4) Except as provided in paragraph (3) of this subsection, a public 1 | |
386 | - | institution of postsecondary education and private career school may not implement a 2 | |
387 | - | proposal without the prior approval of the Commission. 3 | |
387 | + | 2. A for–profit institution of higher education. 1 | |
388 | 388 | ||
389 | - | (5) (i) Except as provided in paragraph (3) of this subsection, and 4 | |
390 | - | subject to subparagraph (ii) of this paragraph, a program that has not received a positive 5 | |
391 | - | recommendation by the Commission may be implemented by: 6 | |
389 | + | (ii) If a private nonprofit or for–profit institution of higher education 2 | |
390 | + | implements a proposal despite the recommendation from the Commission that a program 3 | |
391 | + | not be implemented, the institution shall notify both prospective students of the program 4 | |
392 | + | and enrolled students in the program that the program has not been recommended for 5 | |
393 | + | implementation by the Commission. 6 | |
392 | 394 | ||
393 | - | 1. Subject to the provisions of § 17–105 of this article, a 7 | |
394 | - | private nonprofit institution of higher education; or 8 | |
395 | + | (6) (i) If the Commission disapproves a proposal, the Commission shall 7 | |
396 | + | provide to the governing body that submits the proposal a written explanation of the 8 | |
397 | + | reasons for the disapproval. 9 | |
395 | 398 | ||
396 | - | 2. A for–profit institution of higher education. 9 | |
399 | + | (ii) After revising a proposal to address the Commission’s reasons for 10 | |
400 | + | disapproval, the governing body may submit the revised proposal to the Commission for 11 | |
401 | + | approval. 12 | |
397 | 402 | ||
398 | - | (ii) If a private nonprofit or for–profit institution of higher education 10 | |
399 | - | implements a proposal despite the recommendation from the Commission that a program 11 | |
400 | - | not be implemented, the institution shall notify both prospective students of the program 12 | |
401 | - | and enrolled students in the program that the program has not been recommended for 13 | |
402 | - | implementation by the Commission. 14 | |
403 | + | (c) (1) Prior to discontinuation, each institution of postsecondary education 13 | |
404 | + | that proposes to discontinue an existing program shall provide written notification to the 14 | |
405 | + | Commission specifying: 15 | |
403 | 406 | ||
404 | - | (6) (i) If the Commission disapproves a proposal, the Commission shall 15 | |
405 | - | provide to the governing body that submits the proposal a written explanation of the 16 | |
406 | - | reasons for the disapproval. 17 | |
407 | + | (i) The name of the program; and 16 | |
407 | 408 | ||
408 | - | (ii) After revising a proposal to address the Commission’s reasons for 18 | |
409 | - | disapproval, the governing body may submit the revised proposal to the Commission for 19 | |
410 | - | approval. 20 | |
409 | + | (ii) The expected date of discontinuation. 17 | |
411 | 410 | ||
412 | - | ( | |
413 | - | ||
414 | - | ||
411 | + | (2) By rule or regulation, the Commission may require the payment by a 18 | |
412 | + | private career school of a refund to any student or enrollee who, because of the 19 | |
413 | + | discontinuation of an ongoing program, is unable to complete such program. 20 | |
415 | 414 | ||
416 | - | (i) The name of the program; and 24 | |
415 | + | (d) The Commission shall review and make recommendations on programs in 21 | |
416 | + | private nonprofit and for–profit institutions of higher education. 22 | |
417 | 417 | ||
418 | - | (ii) The expected date of discontinuation. 25 | |
418 | + | (e) (1) In this subsection, “governing board” includes the board of trustees of a 23 | |
419 | + | community college. 24 | |
419 | 420 | ||
420 | - | (2) By rule or regulation, the Commission may require the payment by a 26 | |
421 | - | private career school of a refund to any student or enrollee who, because of the 27 | |
422 | - | discontinuation of an ongoing program, is unable to complete such program. 28 | |
421 | + | (2) (I) The Commission shall adopt regulations establishing standards 25 | |
422 | + | for determining whether [2] TWO or more programs are unreasonably duplicative. 26 | |
423 | 423 | ||
424 | - | (d) The Commission shall review and make recommendations on programs in 29 | |
425 | - | private nonprofit and for–profit institutions of higher education. 30 | |
424 | + | (II) THE REGULATIONS SHALL : 27 | |
426 | 425 | ||
427 | - | (e) (1) In this subsection, “governing board” includes the board of trustees of a 31 | |
428 | - | community college. 32 | |
429 | - | 10 SENATE BILL 1022 | |
426 | + | 1. CLEARLY IDENTIFY ALL SPECIFIC CRITERIA AN D 28 | |
427 | + | FACTORS USED BY THE COMMISSION TO DETERMI NE WHETHER TWO OR MO RE 29 | |
428 | + | PROGRAMS ARE UNREASO NABLY DUPLICATIVE ; 30 | |
429 | + | ||
430 | + | 2. PRIORITIZE MEETING STATE AND REGIONAL 31 | |
431 | + | WORKFORCE NEEDS AND PRESERVING EXISTI NG PROGRAMS THAT ARE ABLE TO 32 | |
432 | + | MEET THESE WORKFORCE NEEDS; AND 33 10 SENATE BILL 1022 | |
430 | 433 | ||
431 | 434 | ||
432 | - | (2) (I) The Commission shall adopt regulations establishing standards 1 | |
433 | - | for determining whether [2] TWO or more programs are unreasonably OR 2 | |
434 | - | UNNECESSARILY duplicative. 3 | |
435 | 435 | ||
436 | - | (II) THE REGULATIONS SHALL : 4 | |
436 | + | 3. PRIORITIZE COLLABORAT ION BETWEEN 1 | |
437 | + | INSTITUTIONS OF HIGH ER EDUCATION . 2 | |
437 | 438 | ||
438 | - | | |
439 | - | ||
440 | - | ||
439 | + | (3) The Commission may review existing programs at public institutions of 3 | |
440 | + | postsecondary education if the Commission has reason to believe that academic programs 4 | |
441 | + | are unreasonably duplicative or inconsistent with an institution’s adopted mission. 5 | |
441 | 442 | ||
442 | - | | |
443 | - | ||
444 | - | ||
443 | + | (4) The Commission may make a determination that an unreasonable 6 | |
444 | + | duplication of programs exists on its own initiative or after receipt of a request for 7 | |
445 | + | determination from any directly affected public institution of postsecondary education. 8 | |
445 | 446 | ||
446 | - | | |
447 | - | ||
447 | + | (5) (i) If the Commission makes a determination under paragraph (4) 9 | |
448 | + | of this subsection the Commission may: 10 | |
448 | 449 | ||
449 | - | (3) The Commission may review existing programs at public institutions of 13 | |
450 | - | postsecondary education if the Commission has reason to believe that academic programs 14 | |
451 | - | are unreasonably OR UNNECESSARILY duplicative or inconsistent with an institution’s 15 | |
452 | - | adopted mission. 16 | |
450 | + | 1. Make recommendations to a governing board on the 11 | |
451 | + | continuation or modification of the programs; 12 | |
453 | 452 | ||
454 | - | (4) The Commission may make a determination that an unreasonable OR 17 | |
455 | - | UNNECESSARY duplication of programs exists on its own initiative or after receipt of a 18 | |
456 | - | request for determination from any directly affected public institution of postsecondary 19 | |
457 | - | education. 20 | |
453 | + | 2. Require any affected governing board to submit a plan to 13 | |
454 | + | resolve the duplication; and 14 | |
458 | 455 | ||
459 | - | | |
460 | - | ||
456 | + | 3. Negotiate, as necessary, with any affected governing 15 | |
457 | + | board until the unreasonable duplication is eliminated. 16 | |
461 | 458 | ||
462 | - | 1. Make recommendations to a governing board on the 23 | |
463 | - | continuation or modification of the programs; 24 | |
459 | + | (ii) Notwithstanding the provisions of subparagraph (i) of this 17 | |
460 | + | paragraph, if the Commission determines that [2] TWO or more existing programs offered 18 | |
461 | + | by institutions under the governance of different governing boards are unreasonably 19 | |
462 | + | duplicative, the governing boards of the institutions of postsecondary education at which 20 | |
463 | + | the programs are offered shall have 180 days from the date of the Commission’s 21 | |
464 | + | determination to formulate and present to the Commission a joint plan to eliminate the 22 | |
465 | + | duplication. 23 | |
464 | 466 | ||
465 | - | 2. Require any affected governing board to submit a plan to 25 | |
466 | - | resolve the duplication; and 26 | |
467 | + | (iii) If in the Commission’s judgment the plan satisfactorily 24 | |
468 | + | eliminates the duplication, the governing board of the affected institutions shall be so 25 | |
469 | + | notified and shall take appropriate steps to implement the plan. 26 | |
467 | 470 | ||
468 | - | 3. Negotiate, as necessary, with any affected governing 27 | |
469 | - | board until the unreasonable OR UNNECESSARY duplication is eliminated. 28 | |
471 | + | (iv) If in the Commission’s judgment the plan does not satisfactorily 27 | |
472 | + | eliminate the duplication, or if no plan is jointly submitted within the time period specified 28 | |
473 | + | in paragraph (6) of this subsection, the governing board of the affected institutions shall be 29 | |
474 | + | so notified. The Commission may then seek to eliminate the duplication by revoking the 30 | |
475 | + | authority of a public institution of postsecondary education to offer the unreasonably 31 | |
476 | + | duplicative program. 32 | |
470 | 477 | ||
471 | - | (ii) Notwithstanding the provisions of subparagraph (i) of this 29 | |
472 | - | paragraph, if the Commission determines that [2] TWO or more existing programs offered 30 | |
473 | - | by institutions under the governance of different governing boards are unreasonably OR 31 | |
474 | - | UNNECESSARILY duplicative, the governing boards of the institutions of postsecondary 32 | |
475 | - | education at which the programs are offered shall have 180 days from the date of the 33 SENATE BILL 1022 11 | |
478 | + | (6) (i) Prior to imposing a sanction under paragraph (5) of this 33 | |
479 | + | subsection, the Commission shall give notice of the proposed sanction to the governing 34 | |
480 | + | board of each affected institution. 35 | |
481 | + | SENATE BILL 1022 11 | |
476 | 482 | ||
477 | 483 | ||
478 | - | Commission’s determination to formulate and present to the Commission a joint plan to 1 | |
479 | - | eliminate the duplication. 2 | |
484 | + | (ii) 1. Within 20 days of receipt of the notice, any affected 1 | |
485 | + | institution may request an opportunity to meet with the Commissi on and present 2 | |
486 | + | objections. 3 | |
480 | 487 | ||
481 | - | (iii) If in the Commission’s judgment the plan satisfactorily 3 | |
482 | - | eliminates the duplication, the governing board of the affected institutions shall be so 4 | |
483 | - | notified and shall take appropriate steps to implement the plan. 5 | |
488 | + | 2. If timely requested, the Commission shall provide such 4 | |
489 | + | opportunity prior to the Commission’s decision to impose a sanction. 5 | |
484 | 490 | ||
485 | - | (iv) If in the Commission’s judgment the plan does not satisfactorily 6 | |
486 | - | eliminate the duplication, or if no plan is jointly submitted within the time period specified 7 | |
487 | - | in paragraph (6) of this subsection, the governing board of the affected institutions shall be 8 | |
488 | - | so notified. The Commission may then seek to eliminate the duplication by revoking the 9 | |
489 | - | authority of a public institution of postsecondary education to offer the unreasonably OR 10 | |
490 | - | UNNECESSARILY duplicative program. 11 | |
491 | + | (iii) The Commission’s decision shall be final and is not subject to 6 | |
492 | + | further administrative appeal or judicial review. 7 | |
491 | 493 | ||
492 | - | (6) (i) Prior to imposing a sanction under paragraph (5) of this 12 | |
493 | - | subsection, the Commission shall give notice of the proposed sanction to the governing 13 | |
494 | - | board of each affected institution. 14 | |
494 | + | 11–206.1. 8 | |
495 | 495 | ||
496 | - | (ii) 1. Within 20 days of receipt of the notice, any affected 15 | |
497 | - | institution may request an opportunity to meet with the Commission and present 16 | |
498 | - | objections. 17 | |
496 | + | (a) (1) In this section the following words have the meanings indicated. 9 | |
499 | 497 | ||
500 | - | 2 | |
501 | - | ||
498 | + | (2) “Private nonprofit institution of higher education” has the meaning 10 | |
499 | + | stated in § 10–101(k) of this article. 11 | |
502 | 500 | ||
503 | - | (iii) The Commission’s decision shall be final and is not subject to 20 | |
504 | - | further administrative appeal or judicial review. 21 | |
501 | + | (3) “Public institution of higher education” means: 12 | |
505 | 502 | ||
506 | - | ||
503 | + | (i) A public senior higher education institution; and 13 | |
507 | 504 | ||
508 | - | ( | |
505 | + | (ii) A community college. 14 | |
509 | 506 | ||
510 | - | ( | |
511 | - | ||
507 | + | (b) (1) A president of a public institution of higher education may propose to 15 | |
508 | + | establish a new program or abolish an existing program if the action: 16 | |
512 | 509 | ||
513 | - | (3) “Public institution of higher education” means: 26 | |
510 | + | (i) Is consistent with the institution’s adopted mission statement 17 | |
511 | + | under Subtitle 3 of this title; and 18 | |
514 | 512 | ||
515 | - | (i) A public senior higher education institution; and 27 | |
513 | + | (ii) Can be implemented within the existing program resources of 19 | |
514 | + | the institution. 20 | |
516 | 515 | ||
517 | - | (ii) A community college. 28 | |
516 | + | (2) A president of a private nonprofit institution of higher education may 21 | |
517 | + | propose to establish a new program if the action: 22 | |
518 | 518 | ||
519 | - | ( | |
520 | - | ||
519 | + | (i) Is consistent with the mission statement published in the official 23 | |
520 | + | catalog of the private nonprofit institution; and 24 | |
521 | 521 | ||
522 | - | (i) Is consistent with the institution’s adopted mission statement 31 | |
523 | - | under Subtitle 3 of this title; and 32 | |
522 | + | (ii) Can be implemented within the existing resources of the 25 | |
523 | + | institution. 26 | |
524 | + | ||
525 | + | (3) The president of a public institution of higher education shall report 27 | |
526 | + | any programs that are proposed to be established or abolished in accordance with 28 | |
527 | + | paragraph (1) of this subsection to: 29 | |
528 | + | ||
529 | + | (i) The institution’s governing board; and 30 | |
524 | 530 | 12 SENATE BILL 1022 | |
525 | 531 | ||
526 | 532 | ||
527 | - | (ii) Can be implemented within the existing program resources of 1 | |
528 | - | the institution. 2 | |
533 | + | (ii) The Maryland Higher Education Commission. 1 | |
529 | 534 | ||
530 | - | (2) A president of a private nonprofit institution of higher education may 3 | |
531 | - | propose to establish a new program if the action: 4 | |
535 | + | (4) The president of a private nonprofit institution of higher education 2 | |
536 | + | shall report any programs that are proposed to be established in accordance with paragraph 3 | |
537 | + | (2) of this subsection to the Commission. 4 | |
532 | 538 | ||
533 | - | ( | |
534 | - | ||
539 | + | (5) Upon receipt of a proposed new program, the Commission shall notify 5 | |
540 | + | all other institutions of higher education in the State. 6 | |
535 | 541 | ||
536 | - | (ii) Can be implemented within the existing resources of the 7 | |
537 | - | institution. 8 | |
542 | + | (c) The governing board of a public institution of higher education shall: 7 | |
538 | 543 | ||
539 | - | (3) The president of a public institution of higher education shall report 9 | |
540 | - | any programs that are proposed to be established or abolished in accordance with 10 | |
541 | - | paragraph (1) of this subsection to: 11 | |
544 | + | (1) Review the actions taken under subsection (b) of this section; 8 | |
542 | 545 | ||
543 | - | (i) The institution’s governing board; and 12 | |
546 | + | (2) Ensure that any new program proposed to be established by a 9 | |
547 | + | president: 10 | |
544 | 548 | ||
545 | - | (ii) The Maryland Higher Education Commission. 13 | |
549 | + | (i) Is consistent with the institution’s approved mission statement 11 | |
550 | + | under Subtitle 3 of this title; 12 | |
546 | 551 | ||
547 | - | (4) The president of a private nonprofit institution of higher education 14 | |
548 | - | shall report any programs that are proposed to be established in accordance with paragraph 15 | |
549 | - | (2) of this subsection to the Commission. 16 | |
552 | + | (ii) Meets a regional or statewide need consistent with the 13 | |
553 | + | [Maryland] State Plan for [Postsecondary] HIGHER Education; 14 | |
550 | 554 | ||
551 | - | ( | |
552 | - | ||
555 | + | (iii) Meets criteria for the quality of new programs, developed in 15 | |
556 | + | consultation with the Commission; and 16 | |
553 | 557 | ||
554 | - | (c) The governing board of a public institution of higher education shall: 19 | |
558 | + | (iv) Can be implemented within the existing program resources of 17 | |
559 | + | the institution, verified by a process established in consultation with the Commission. 18 | |
555 | 560 | ||
556 | - | (1) Review the actions taken under subsection (b) of this section; 20 | |
561 | + | (d) The Board of Regents of the University System of Maryland shall approve the 19 | |
562 | + | proposed new program within 60 days if the program meets the criteria in subsection (c)(2) 20 | |
563 | + | of this section, subject to the provisions of subsections (e) and (f) of this section. 21 | |
557 | 564 | ||
558 | - | (2) Ensure that any new program proposed to be established by a 21 | |
559 | - | president: 22 | |
565 | + | (e) (1) Within 30 days of receipt of a notice of an institution’s intent to 22 | |
566 | + | [establish] SUBMIT a new program TO THE COMMISSION in accordance with subsection 23 | |
567 | + | (b) of this section, the Commission may file, or the institutions of higher education in the 24 | |
568 | + | State may file with the Commission, an objection to implementation of a proposed 25 | |
569 | + | GRADUATE program provided the objection is based on: 26 | |
560 | 570 | ||
561 | - | (i) Is consistent with the institution’s approved mission statement 23 | |
562 | - | under Subtitle 3 of this title; 24 | |
571 | + | [(1)] (I) Inconsistency of the proposed program with the institution’s 27 | |
572 | + | approved mission for a public institution of higher education and the mission statement 28 | |
573 | + | published in the official catalog of a private nonprofit institution of higher education; 29 | |
563 | 574 | ||
564 | - | (ii) Meets a regional or statewide need consistent with the 25 | |
565 | - | [Maryland] State Plan for [Postsecondary] HIGHER Education; 26 | |
566 | - | ||
567 | - | (iii) Meets criteria for the quality of new programs, developed in 27 | |
568 | - | consultation with the Commission; and 28 | |
569 | - | ||
570 | - | (iv) Can be implemented within the existing program resources of 29 | |
571 | - | the institution, verified by a process established in consultation with the Commission. 30 | |
575 | + | [(2)] (II) Not meeting a regional or statewide need consistent with the 30 | |
576 | + | [Maryland] State Plan for [Postsecondary] HIGHER Education; 31 | |
572 | 577 | SENATE BILL 1022 13 | |
573 | 578 | ||
574 | 579 | ||
575 | - | (d) The Board of Regents of the University System of Maryland shall approve the 1 | |
576 | - | proposed new program within 60 days if the program meets the criteria in subsection (c)(2) 2 | |
577 | - | of this section, subject to the provisions of subsections (e) and (f) of this section. 3 | |
580 | + | [(3)] (III) Unreasonable program duplication which would cause 1 | |
581 | + | demonstrable harm to another institution; or 2 | |
578 | 582 | ||
579 | - | (e) (1) Within 30 days of receipt of a notice of an institution’s intent to 4 | |
580 | - | [establish] SUBMIT a new program TO THE COMMISSION in accordance with subsection 5 | |
581 | - | (b) of this section, the Commission may file, or the institutions of higher education in the 6 | |
582 | - | State may file with the Commission, an objection to implementation of a proposed 7 | |
583 | - | GRADUATE program provided the objection is based on: 8 | |
583 | + | [(4)] (IV) [Violation] UNNECESSARY PROGRAM D UPLICATION IN 3 | |
584 | + | VIOLATION of the State’s equal educational opportunity obligations under State and 4 | |
585 | + | federal law. 5 | |
584 | 586 | ||
585 | - | [(1)] (I) Inconsistency of the proposed program with the institution’s 9 | |
586 | - | approved mission for a public institution of higher education and the mission statement 10 | |
587 | - | published in the official catalog of a private nonprofit institution of higher education; 11 | |
587 | + | (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE 6 | |
588 | + | COMMISSION SHALL ADOP T REGULATIONS ON PRO CEDURES FOR CONDUCTI NG AN 7 | |
589 | + | ANALYSIS OF THE OBJEC TIONS DESCRIBED IN P ARAGRAPH (1) OF THIS SUBSECTION 8 | |
590 | + | THAT: 9 | |
588 | 591 | ||
589 | - | ||
590 | - | ||
592 | + | (I) CLEARLY IDENTIFY ALL OF THE SPECIFIC CRIT ERIA AND 10 | |
593 | + | FACTORS USED BY THE COMMISSION; AND 11 | |
591 | 594 | ||
592 | - | | |
593 | - | ||
594 | - | ||
595 | + | (II) FOR AN OBJECTION UNDE R PARAGRAPH (1)(III) OF THIS 12 | |
596 | + | SUBSECTION, USE A SET OF BASELINE DATA AND CO MMON SOURCES AND THA T 13 | |
597 | + | PRIORITIZE: 14 | |
595 | 598 | ||
596 | - | [(4)] (IV) [Violation] UNNECESSARY PROGRAM D UPLICATION IN 17 | |
597 | - | VIOLATION of the State’s equal educational opportunity obligations under State and 18 | |
598 | - | federal law. 19 | |
599 | + | 1. MEETING STATE AND REGIONAL WO RKFORCE NEEDS ; 15 | |
599 | 600 | ||
600 | - | (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE 20 | |
601 | - | COMMISSION SHALL ADOP T REGULATIONS ON PRO CEDURES FOR CONDUCTI NG AN 21 | |
602 | - | ANALYSIS OF THE OBJE CTIONS DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION 22 | |
603 | - | THAT: 23 | |
601 | + | 2. PRESERVING EXISTING P ROGRAMS THAT ARE ABL E 16 | |
602 | + | TO MEET STATE AND REGIONAL WO RKFORCE NEEDS ; AND 17 | |
604 | 603 | ||
605 | - | | |
606 | - | ||
604 | + | 3. COLLABORATION BETWEEN INSTITUTIONS OF 18 | |
605 | + | HIGHER EDUCATION. 19 | |
607 | 606 | ||
608 | - | ( | |
609 | - | ||
610 | - | ||
607 | + | (3) THE COMMISSION, JOINTLY WITH THE ATTORNEY GENERAL, 20 | |
608 | + | SHALL ADOPT REGULATI ONS FOR STANDARDS FO R CONDUCTING AN ANAL YSIS OF 21 | |
609 | + | AN OBJECTION UNDER P ARAGRAPH (1)(IV) OF THIS SUBSECTION . 22 | |
611 | 610 | ||
612 | - | 1. MEETING STATE AND REGIONAL WO RKFORCE NEEDS ; 29 | |
611 | + | (f) (1) If an objection is filed under subsection (e) of this section by the 23 | |
612 | + | Commission or an institution within 30 days of receipt of a notice of an institution’s intent 24 | |
613 | + | to establish a new program, the Commission shall immediately notify the institution’s 25 | |
614 | + | governing board and president. 26 | |
613 | 615 | ||
614 | - | 2 | |
615 | - | ||
616 | + | (2) The Commission shall determine if an institution’s objection is justified 27 | |
617 | + | based on the criteria in subsection (e) of this section. 28 | |
616 | 618 | ||
617 | - | 3. COLLABORATION BETWEEN INSTITUTIONS OF 32 | |
618 | - | HIGHER EDUCATION . 33 | |
619 | - | 14 SENATE BILL 1022 | |
619 | + | (3) An objection shall be accompanied by detailed information supporting 29 | |
620 | + | the reasons for the objection. 30 | |
621 | + | ||
622 | + | (4) If the Commission determines that an objection is justified, the 31 | |
623 | + | Commission shall negotiate with the institution’s governing board and president to modify 32 | |
624 | + | the proposed program in order to resolve the objection. 33 14 SENATE BILL 1022 | |
620 | 625 | ||
621 | 626 | ||
622 | - | (3) THE COMMISSION, JOINTLY IN CONSULTATION WITH THE 1 | |
623 | - | ATTORNEY GENERAL, SHALL ADOPT REGULATI ONS FOR STANDARDS FO R 2 | |
624 | - | CONDUCTING AN ANALYS IS OF AN OBJECT ION UNDER PARAGRAPH (1)(IV) OF THIS 3 | |
625 | - | SUBSECTION. 4 | |
626 | 627 | ||
627 | - | ( | |
628 | - | Commission | |
629 | - | ||
630 | - | ||
628 | + | (5) If the objection cannot be resolved within 30 days of receipt of an 1 | |
629 | + | objection, the Commission shall make a final determination on approval of the new program 2 | |
630 | + | for a public institution of higher education or a final recommendation on implementation 3 | |
631 | + | for a private nonprofit institution of higher education. 4 | |
631 | 632 | ||
632 | - | ( | |
633 | - | ||
633 | + | (G) A HEARING FOR REVIEW OF THE COMMISSION’S DETERMINATION OF A N 5 | |
634 | + | INSTITUTION’S OBJECTION UNDER SU BSECTION (F) OF THIS SECTION SHAL L: 6 | |
634 | 635 | ||
635 | - | ( | |
636 | - | ||
636 | + | (1) BE CONDUCTED IN OPEN SESSION, INCLUDING DISCUSSION S AND 7 | |
637 | + | ANY FORMAL ACTION TA KEN BY THE COMMISSION; 8 | |
637 | 638 | ||
638 | - | (4) If the Commission determines that an objection is justified, the 13 | |
639 | - | Commission shall negotiate with the institution’s governing board and president to modify 14 | |
640 | - | the proposed program in order to resolve the objection. 15 | |
639 | + | (2) ALLOW EACH PARTY , INCLUDING THE SECRETARY, THE 9 | |
640 | + | PROPOSING INSTITUTIO N, AND THE OBJECTING IN STITUTION, TO HAVE NOT LESS 10 | |
641 | + | THAN 10 MINUTES TO PRESENT T HEIR POSITIONS REGAR DING THE 11 | |
642 | + | DETERMINATION , WITHOUT INTERRUPTION ; AND 12 | |
641 | 643 | ||
642 | - | (5) If the objection cannot be resolved within 30 days of receipt of an 16 | |
643 | - | objection, the Commission shall make a final determination on approval of the new program 17 | |
644 | - | for a public institution of higher education or a final recommendation on implementation 18 | |
645 | - | for a private nonprofit institution of higher education. 19 | |
644 | + | (3) REQUIRE THE APPROVAL OF A MAJORITY OF THE MEMBERS THEN 13 | |
645 | + | SERVING ON THE COMMISSION. 14 | |
646 | 646 | ||
647 | - | (G) A HEARING FOR REVIEW O F THE COMMISSION’S SECRETARY’S 20 | |
648 | - | DETERMINATION OF AN INSTITUTION’S OBJECTION UNDER SU BSECTION (F) OF THIS 21 | |
649 | - | SECTION SHALL : 22 | |
647 | + | (H) (1) ON OR BEFORE JANUARY 1, 2025, THE COMMISSION SHALL 15 | |
648 | + | DEVELOP AND PUBLISH ON ITS WEBSITE AN AD MINISTRATIVE PROCEDU RES GUIDE 16 | |
649 | + | FOR THE COMMISSION’S PROGRAM REVIEW PRO CESS DEVELOPED UNDER THIS 17 | |
650 | + | SECTION. 18 | |
650 | 651 | ||
651 | - | ( | |
652 | - | ||
652 | + | (2) THE COMMISSION SHALL UP DATE THE ADMINISTRAT IVE 19 | |
653 | + | PROCEDURES GUIDE AT LEAST ONCE EACH YEAR . 20 | |
653 | 654 | ||
654 | - | (2) ALLOW EACH PARTY , INCLUDING THE SECRETARY, THE 25 | |
655 | - | PROPOSING INSTITUTIO N, AND THE OBJECTING IN STITUTION, TO HAVE NOT LESS 26 | |
656 | - | THAN 10 MINUTES TO PRESENT T HEIR POSITIONS REG ARDING THE 27 | |
657 | - | DETERMINATION , WITHOUT INTERRUPTION ; AND 28 | |
655 | + | [(g)] (I) (1) The Commission shall: 21 | |
658 | 656 | ||
659 | - | ( | |
660 | - | ||
657 | + | (i) Identify programs established under subsection (b) of this section 22 | |
658 | + | that are inconsistent with the State Plan for Higher Education; and 23 | |
661 | 659 | ||
662 | - | (H) (1) ON OR BEFORE JANUARY 1, 2025, THE COMMISSION SHALL 31 | |
663 | - | DEVELOP AND PUBLISH ON ITS WEBSITE AN AD MINISTRATIVE PROCEDURES GUIDE 32 | |
664 | - | FOR THE COMMISSION’S PROGRAM REVIEW PRO CESS DEVELOPED UNDER THIS 33 | |
665 | - | SECTION. 34 | |
666 | - | SENATE BILL 1022 15 | |
660 | + | (ii) Identify low productivity programs at public institutions of 24 | |
661 | + | higher education. 25 | |
662 | + | ||
663 | + | (2) If the Commission identifies any programs that meet the criteria set 26 | |
664 | + | forth in paragraph (1) of this subsection, the Commission shall notify the president of the 27 | |
665 | + | institution. 28 | |
666 | + | ||
667 | + | (3) If the Commission notifies a president of an institution under 29 | |
668 | + | paragraph (2) of this subsection, within 60 days the president of the institution shall 30 | |
669 | + | provide to the Commission in writing: 31 | |
670 | + | ||
671 | + | (i) An action plan to abolish or modify the program; or 32 SENATE BILL 1022 15 | |
667 | 672 | ||
668 | 673 | ||
669 | - | (2) THE COMMISSION SHALL UPDA TE THE ADMINISTRATIV E 1 | |
670 | - | PROCEDURES GUIDE AT LEAST ONCE EACH YEAR . 2 | |
671 | 674 | ||
672 | - | ||
675 | + | (ii) Justification for the continuation of the program. 1 | |
673 | 676 | ||
674 | - | (i) Identify programs established under subsection (b) of this section 4 | |
675 | - | that are inconsistent with the State Plan for Higher Education; and 5 | |
677 | + | [(h)] (J) The Commission and the governing boards of the public institutions of 2 | |
678 | + | higher education shall jointly develop a definition and accepted criteria for determining low 3 | |
679 | + | productivity programs. 4 | |
676 | 680 | ||
677 | - | (ii) Identify low productivity programs at public institutions of 6 | |
678 | - | higher education. 7 | |
681 | + | [(i)] (K) The Commission shall: 5 | |
679 | 682 | ||
680 | - | (2) If the Commission identifies any programs that meet the criteria set 8 | |
681 | - | forth in paragraph (1) of this subsection, the Commission shall notify the president of the 9 | |
682 | - | institution. 10 | |
683 | + | (1) Monitor the program development and review process established 6 | |
684 | + | under this section; 7 | |
683 | 685 | ||
684 | - | ( | |
685 | - | ||
686 | - | ||
686 | + | (2) Report annually to the Governor and, in accordance with § 2–1257 of 8 | |
687 | + | the State Government Article, the General Assembly on the nature and extent of any 9 | |
688 | + | duplication or proliferation of programs; and 10 | |
687 | 689 | ||
688 | - | (i) An action plan to abolish or modify the program; or 14 | |
690 | + | (3) Make available a copy of the report under item (2) of this subsection to 11 | |
691 | + | the public institutions of higher education and the private nonprofit institutions of higher 12 | |
692 | + | education. 13 | |
689 | 693 | ||
690 | - | ||
694 | + | 11–206.2. 14 | |
691 | 695 | ||
692 | - | [(h)] (J) The Commission and the governing boards of the public institutions of 16 | |
693 | - | higher education shall jointly develop a definition and accepted criteria for determining low 17 | |
694 | - | productivity programs. 18 | |
696 | + | (A) BEGINNING IN JANUARY 2025, THE COMMISSION SHALL REVI EW EACH 15 | |
697 | + | ACADEMIC PROGRAM THA T HAS BEEN APPROVED IN THE 4 IMMEDIATELY 16 | |
698 | + | PRECEDING SCHOOL YEA RS THAT WAS SUBJECT TO AN OBJECTION OF A 17 | |
699 | + | HISTORICALLY BLACK COLLEGE OR UNIV ERSITY, AS DESCRIBED IN § 10–214 OF 18 | |
700 | + | THIS ARTICLE, TO DETERMINE WHETHER THE HISTORICALLY BLACK COLLEGE OR 19 | |
701 | + | UNIVERSITY SUFFERED DEMONSTRABLE HARM RE SULTING FROM APPROVA L OF 20 | |
702 | + | THE PROGRAM . 21 | |
695 | 703 | ||
696 | - | [(i)] (K) The Commission shall: 19 | |
704 | + | (B) ON OR BEFORE SEPTEMBER 1, 2025, AND EVERY 4 YEARS THEREAFTER , 22 | |
705 | + | THE COMMISSION SHA LL REPORT ITS FINDIN GS UNDER SUBSECTION (A) OF THIS 23 | |
706 | + | SECTION, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, 24 | |
707 | + | TO THE SENATE EDUCATION, ENERGY, AND THE ENVIRONMENT COMMITTEE AND 25 | |
708 | + | THE HOUSE APPROPRIATIONS COMMITTEE. 26 | |
697 | 709 | ||
698 | - | (1) Monitor the program development and review process established 20 | |
699 | - | under this section; 21 | |
710 | + | 11–206.3. 27 | |
700 | 711 | ||
701 | - | (2) Report annually to the Governor and, in accordance with § 2–1257 of 22 | |
702 | - | the State Government Article, the General Assembly on the nature and extent of any 23 | |
703 | - | duplication or proliferation of programs; and 24 | |
712 | + | (A) IN THIS SECT ION, “INSTITUTION” MEANS A PUBLIC SENIO R HIGHER 28 | |
713 | + | EDUCATION INSTITUTIO N. 29 | |
704 | 714 | ||
705 | - | (3) Make available a copy of the report under item (2) of this subsection to 25 | |
706 | - | the public institutions of higher education and the private nonprofit institutions of higher 26 | |
707 | - | education. 27 | |
708 | - | ||
709 | - | 11–206.2. 28 | |
710 | - | ||
711 | - | (A) BEGINNING IN JANUARY 2025 ON OR BEFORE JANUARY 1, 2025, AND 29 | |
712 | - | EACH JANUARY 1 THEREAFTER , THE COMMISSION SHALL REVI EW EACH ACADEMIC 30 | |
713 | - | PROGRAM THAT HAS BEE N APPROVED IN THE 4 IMMEDIATELY PRECEDIN G SCHOOL 31 | |
714 | - | YEARS YEAR THAT WAS SUBJECT TO AN OBJECTION OF A HI STORICALLY BLACK 32 16 SENATE BILL 1022 | |
715 | + | (B) (1) BEGINNING JANUARY 1, 2025, THE COMMISSION SHALL REQU IRE 30 | |
716 | + | EACH INSTITUTION TO SUBMIT A LETTER OF I NTENT TO THE COMMISSION THAT 31 | |
717 | + | IDENTIFIES EACH NEW GRADUATE LEVEL PROGR AM THAT AN INSTITUTION INTENDS 32 | |
718 | + | TO PROPOSE FOR APPRO VAL UNDER § 11–206 OR § 11–206.1 OF THIS SUBTITLE. 33 16 SENATE BILL 1022 | |
715 | 719 | ||
716 | 720 | ||
717 | - | COLLEGE OR UNIVERSIT Y, AS DESCRIBED IN § 10–214 OF THIS ARTICLE , TO 1 | |
718 | - | DETERMINE WHETHER THE HISTO RICALLY BLACK COLLEGE OR UNIV ERSITY 2 | |
719 | - | SUFFERED DEMONSTRABLE HARM RESULTING FROM APPROVAL OF THE PROG RAM. 3 | |
720 | 721 | ||
721 | - | (B) ON OR BEFORE SEPTEMBER 1, 2025, AND EVERY 4 YEARS EACH 4 | |
722 | - | SEPTEMBER 1 THEREAFTER , THE COMMISSION SHALL REPO RT ITS FINDINGS 5 | |
723 | - | UNDER SUBSECTION (A) OF THIS SECTION, IN ACCORDANCE WITH § 2–1257 OF THE 6 | |
724 | - | STATE GOVERNMENT ARTICLE, TO THE SENATE EDUCATION, ENERGY, AND THE 7 | |
725 | - | ENVIRONMENT COMMITTEE AND THE HOUSE APPROPRIATIONS COMMITTEE. 8 | |
722 | + | (2) THE COMMISSION SHALL REQU IRE EACH INSTITUTION TO SUBMIT 1 | |
723 | + | A LETTER OF INTENT E VERY 6 MONTHS. 2 | |
726 | 724 | ||
727 | - | 11–206.3. 9 | |
725 | + | (3) THE LETTER OF INTENT SHALL INCLUDE ALL NE W GRADUATE 3 | |
726 | + | PROGRAMS THE INSTITUTION I NTENDS TO PROPOSE WI THIN THE 6–MONTH TO 4 | |
727 | + | 2–YEAR TIME PERIOD FOL LOWING SUBMISSION OF THE LETTER OF INTENT . 5 | |
728 | 728 | ||
729 | - | ( | |
730 | - | ||
729 | + | (C) THE COMMISSION SHALL USE A LETTER OF INTENT S UBMITTED BY AN 6 | |
730 | + | INSTITUTION UNDER TH IS SECTION: 7 | |
731 | 731 | ||
732 | - | (B) (1) BEGINNING JANUARY 1, 2025, THE COMMISSION SHALL REQU IRE 12 | |
733 | - | EACH INSTITUTION TO SUBMIT A LETTER OF I NTENT TO THE COMMISSION THAT 13 | |
734 | - | IDENTIFIES EACH NEW GRADUATE LEVEL PROGR AM THAT AN INSTITUTI ON INTENDS 14 | |
735 | - | TO PROPOSE FOR APPROVAL UNDER § 11–206 OR § 11–206.1 OF THIS SUBTITLE. 15 | |
732 | + | (1) TO FACILITATE COLLABORATION BETWEE N INSTITUTIONS; AND 8 | |
736 | 733 | ||
737 | - | (2) THE COMMISSION SHALL REQU IRE EACH INSTITUTION TO SUBMIT 16 | |
738 | - | A LETTER OF INTENT E VERY 6 MONTHS. 17 | |
734 | + | (2) TO PROVIDE FEEDBACK T O AN INSTITUTION BEF ORE THE 9 | |
735 | + | INSTITUTION SUBMITS THE NEW PROGRAM TO T HE COMMISSION FOR APPROV AL, 10 | |
736 | + | INCLUDING ANY COMMISSION CONCERNS R EGARDING UNREASONABL E OR 11 | |
737 | + | UNNECESSARY PROGRAM DUPLICATION. 12 | |
739 | 738 | ||
740 | - | (3) THE LETTER OF INTENT SHALL INCLUDE ALL NE W GRADUATE 18 | |
741 | - | PROGRAMS THE INSTITU TION INTENDS TO PROPOSE WITHIN THE 6–MONTH TO 19 | |
742 | - | 2–YEAR TIME PERIOD FOL LOWING SUBMISSION OF THE LETTER OF INTENT . 20 | |
739 | + | (D) THE COMMISSION MAY NOT US E A LETTER OF INTENT TO ESTABLISH 13 | |
740 | + | ANY PREFERENCE OR PR IORITY FOR APPROVAL OF A PROGRAM PROPOSA L. 14 | |
743 | 741 | ||
744 | - | (C) THE COMMISSION SHALL USE A LETTER OF INTENT S UBMITTED BY AN 21 | |
745 | - | INSTITUTION UNDER TH IS SECTION: 22 | |
742 | + | (E) THE COMMISSION SHALL ESTA BLISH REQUIREMENTS F OR SUBMITTING 15 | |
743 | + | A LETTER OF INTENT U NDER THIS SECTION , INCLUDING THE FORMAT , DEADLINES, 16 | |
744 | + | AND REVIEW CRITERIA OF THE LETTERS . 17 | |
746 | 745 | ||
747 | - | (1) TO FACILITATE COLLABO RATION BETWEEN INSTI TUTIONS; AND 23 | |
746 | + | (F) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 18 | |
747 | + | THE COMMISSION MAY APPROV E A PROGRAM PROPOSAL SUBMITTED UNDER § 19 | |
748 | + | 11–206 OR § 11–206.1 OF THIS SUBTITLE ONL Y IF THE INSTITUTION HAS INCLUDED 20 | |
749 | + | THE PROGRAM IN A LETTER OF INTENT SUBMITTED TO THE COMMISSION. 21 | |
748 | 750 | ||
749 | - | (2) | |
750 | - | ||
751 | - | ||
752 | - | ||
751 | + | (2) (I) THE COMMISSION MAY APPROV E A NEW PROGRAM 22 | |
752 | + | PROPOSED BY AN INSTI TUTION UNDER § 11–206 OR § 11–206.1 OF THIS SUBTITLE 23 | |
753 | + | THAT WAS NOT INCLUDE D IN A LETTER OF INT ENT IF THE INSTITUTI ON SUBMITS 24 | |
754 | + | PROOF SATISFACTORY T O THE COMMISSION: 25 | |
753 | 755 | ||
754 | - | | |
755 | - | ||
756 | + | 1. OF THE EXIGENT CIRCUM STANCES LEADING TO T HE 26 | |
757 | + | DEVELOPMENT OF THE P ROPOSED PROGRAM ; AND 27 | |
756 | 758 | ||
757 | - | | |
758 | - | ||
759 | - | AND | |
759 | + | 2. THAT THE BENEFIT OF T HE PROGRAM TO THE STATE 28 | |
760 | + | OR REGION OUTWEIGHS THE STATE’S INTEREST IN REASON ABLE PUBLIC NOTICE 29 | |
761 | + | AND INSTITUTIONAL COLLAB ORATION. 30 | |
760 | 762 | SENATE BILL 1022 17 | |
761 | 763 | ||
762 | 764 | ||
763 | - | ( | |
764 | - | ||
765 | - | ||
766 | - | ||
765 | + | (II) THE COMMISSION SHALL ESTA BLISH OBJECTIVE 1 | |
766 | + | STANDARDS AND A FAIR AND TRANSPARENT PROC ESS FOR CONSIDERATIO N AND 2 | |
767 | + | APPROVAL OF A PROPOS ED PROGRAM UNDER SUB PARAGRAPH (I) OF THIS 3 | |
768 | + | PARAGRAPH . 4 | |
767 | 769 | ||
768 | - | (2) (I) THE COMMISSION MAY APPROV E A NEW PROGRAM 5 | |
769 | - | PROPOSED BY AN INSTI TUTION UNDER § 11–206 OR § 11–206.1 OF THIS SUBTITLE 6 | |
770 | - | THAT WAS NOT INCLUDE D IN A LETTER OF INT ENT IF THE INSTITUTI ON SUBMITS 7 | |
771 | - | PROOF SATISFACTORY T O THE COMMISSION: 8 | |
770 | + | (G) (1) IN THIS SUBSECTION , “FUND” MEANS THE PROPOSED PROGRAMS 5 | |
771 | + | COLLABORATIVE GRANT FUND. 6 | |
772 | 772 | ||
773 | - | | |
774 | - | ||
773 | + | (2) THERE IS A PROPOSED PROGRAMS COLLABORATIVE GRANT 7 | |
774 | + | FUND. 8 | |
775 | 775 | ||
776 | - | 2. THAT THE BENEFIT OF T HE PROGRAM TO THE STATE 11 | |
777 | - | OR REGION OUTWEIGHS THE STATE’S INTEREST IN REASON ABLE PUBLIC NOTICE 12 | |
778 | - | AND INSTITUTIONAL CO LLABORATION . 13 | |
776 | + | (3) THE PURPOSE OF THE FUND IS TO PROVIDE FI NANCIAL 9 | |
777 | + | ASSISTANCE TO INCENT IVIZE INSTITUTIONS O F HIGHER EDUCATION T O 10 | |
778 | + | COLLABORATE WITH OTH ER INSTITUTIONS OF HIGH ER EDUCATION , AT THE 11 | |
779 | + | DISCRETION OF EACH I NSTITUTION, TO ESTABLISH AND IMP LEMENT A NEW 12 | |
780 | + | GRADUATE PROGRAM . 13 | |
779 | 781 | ||
780 | - | (II) THE COMMISSION SHALL ESTA BLISH OBJECTIVE 14 | |
781 | - | STANDARDS AND A FAIR AND TRANSPARENT PROC ESS FOR CONSIDERATIO N AND 15 | |
782 | - | APPROVAL OF A PROPOS ED PROGRAM UNDER SUB PARAGRAPH (I) OF THIS 16 | |
783 | - | PARAGRAPH . 17 | |
782 | + | (4) THE COMMISSION SHALL : 14 | |
784 | 783 | ||
785 | - | (G) (1) IN THIS SUBSECTION , “FUND” MEANS THE PROPOSED PROGRAMS 18 | |
786 | - | COLLABORATIVE GRANT FUND. 19 | |
784 | + | (I) ADMINISTER THE FUND; 15 | |
787 | 785 | ||
788 | - | ( | |
789 | - | FUND | |
786 | + | (II) DEVELOP AN APPLICATIO N PROCESS TO APPLY F OR A 16 | |
787 | + | GRANT FROM THE FUND; AND 17 | |
790 | 788 | ||
791 | - | (3) THE PURPOSE OF THE FUND IS TO PROVIDE FI NANCIAL 22 | |
792 | - | ASSISTANCE TO INCENT IVIZE INSTITUTIONS O F HIGHER EDUCATION T O 23 | |
793 | - | COLLABORATE WITH OTH ER INSTITUTIONS OF H IGHER EDUCATI ON, AT THE 24 | |
794 | - | DISCRETION OF EACH I NSTITUTION, TO ESTABLISH AND IMP LEMENT A NEW 25 | |
795 | - | GRADUATE PROGRAM . 26 | |
789 | + | (III) AWARD GRANTS TO INSTI TUTIONS AS INTENDED BY THE 18 | |
790 | + | FUND. 19 | |
796 | 791 | ||
797 | - | (4) THE COMMISSION SHALL : 27 | |
792 | + | (5) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 20 | |
793 | + | SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 21 | |
798 | 794 | ||
799 | - | (I) ADMINISTER THE FUND; 28 | |
795 | + | (II) THE STATE TREASURER SHALL HOLD THE FUND 22 | |
796 | + | SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 23 | |
800 | 797 | ||
801 | - | (II) DEVELOP AN APPLICATIO N PROCESS TO APPLY F OR A 29 | |
802 | - | GRANT FROM THE FUND; AND 30 | |
798 | + | (6) THE FUND CONSISTS OF : 24 | |
803 | 799 | ||
804 | - | (III) AWARD GRANTS TO INSTITUTIONS AS I NTENDED BY THE 31 | |
805 | - | FUND. 32 | |
800 | + | (I) MONEY APPROPRIATED IN THE STATE BUDGET TO THE 25 | |
801 | + | FUND; 26 | |
802 | + | ||
803 | + | (II) INTEREST EARNINGS ; AND 27 | |
804 | + | ||
805 | + | (III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 28 | |
806 | + | FOR THE BENEFIT OF T HE FUND. 29 | |
806 | 807 | 18 SENATE BILL 1022 | |
807 | 808 | ||
808 | 809 | ||
809 | - | (5) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 1 | |
810 | - | SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 2 | |
810 | + | (7) THE FUND MAY BE USED ONLY FOR EXPENSES INCURRE D BY AN 1 | |
811 | + | INSTITUTION FOR COLL ABORATING OR ATTEMPT ING TO COLLABORATE W ITH OTHER 2 | |
812 | + | INSTITUTIONS TO ESTA BLISH AND IMPLEMENT A NEW GRADUATE PROGR AM 3 | |
813 | + | IDENTIFIED IN A LETT ER OF INTENT UNDER T HIS SECTION, INCLUDING EXPENSES 4 | |
814 | + | FOR: 5 | |
811 | 815 | ||
812 | - | ( | |
813 | - | ||
816 | + | (I) SALARIES OF FACULTY W HO WORK TOGETHER TO 6 | |
817 | + | DETERMINE IF COLLABO RATION IS FEASIBLE F OR THE INSTITUTIONS ; AND 7 | |
814 | 818 | ||
815 | - | ( | |
819 | + | (II) COSTS ASSOCIATED WITH : 8 | |
816 | 820 | ||
817 | - | | |
818 | - | ||
821 | + | 1. PROVIDING TRANSPORTAT ION FROM ONE 9 | |
822 | + | INSTITUTION TO ANOTH ER INSTITUTION FOR S HARED CLASSES OR FACILITIES ; AND 10 | |
819 | 823 | ||
820 | - | (II) INTEREST EARNINGS ; AND 8 | |
824 | + | 2. SHARING RESOURCES ACR OSS INSTITUTIONS , 11 | |
825 | + | INCLUDING RESEARCH C OLLABORATION , STUDENT EXCHANGE PRO GRAMS, JOINT 12 | |
826 | + | MARKETING OR RECRUIT MENT, FACULTY EXCHANGE PRO GRAMS, AND ONLINE 13 | |
827 | + | PROGRAM COLLABORATIO N. 14 | |
821 | 828 | ||
822 | - | ( | |
823 | - | ||
829 | + | (8) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 15 | |
830 | + | FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 16 | |
824 | 831 | ||
825 | - | (7) THE FUND MAY BE USED ONLY FOR EXPENSES IN CURRED BY AN 11 | |
826 | - | INSTITUTION FOR COLL ABORATING OR ATTEMPT ING TO COLLABORATE W ITH OTHER 12 | |
827 | - | INSTITUTIONS TO ESTA BLISH AND IMPLEMENT A NEW GRADUATE PROGR AM 13 | |
828 | - | IDENTIFIED IN A LETT ER OF INTENT UNDER T HIS SECTION, INCLUDING EXPENSES 14 | |
829 | - | FOR: 15 | |
832 | + | (II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 17 | |
833 | + | CREDITED TO THE FUND. 18 | |
830 | 834 | ||
831 | - | ( | |
832 | - | ||
835 | + | (9) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 19 | |
836 | + | ACCORDANCE WITH THE STATE BUDGET. 20 | |
833 | 837 | ||
834 | - | (II) COSTS ASSOCIATED WITH : 18 | |
838 | + | (10) MONEY EXPENDED FROM T HE FUND FOR EXPENSES INC URRED BY 21 | |
839 | + | INSTITUTIONS FOR COL LABORATING OR ATTEMP TING TO COLLABORATE TO 22 | |
840 | + | ESTABLISH AND IMPLEM ENT A NEW GRADUATE P ROGRAM IS SUPPLEMENT AL TO 23 | |
841 | + | AND IS NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT OT HERWISE WOULD 24 | |
842 | + | BE APPROPRIATED FOR THE NEW PROGRAM . 25 | |
835 | 843 | ||
836 | - | 1. PROVIDING TRANSPORTAT ION FROM ONE 19 | |
837 | - | INSTITUTION TO ANOTH ER INSTITUTION FOR S HARED CLASSES OR FAC ILITIES; AND 20 | |
844 | + | 11–206.4. 26 | |
838 | 845 | ||
839 | - | 2. SHARING RESOURCES ACR OSS INSTITUTIONS , 21 | |
840 | - | INCLUDING RESEARCH C OLLABORATION , STUDENT EXCHANGE PRO GRAMS, JOINT 22 | |
841 | - | MARKETING OR RECRUIT MENT, FACULTY EXCHANGE PRO GRAMS, AND ONLINE 23 | |
842 | - | PROGRAM COLLABORATIO N. 24 | |
846 | + | (A) NOTWITHSTANDING THE P ROVISIONS OF §§ 11–206 AND 11–206.1 OF 27 | |
847 | + | THIS SUBTITLE, THE COMMISSION SHALL DEVE LOP AND IMPLEMENT A PROGRAM 28 | |
848 | + | REVIEW PROCESS FOR N EW PROPOSED PROGRAMS THAT: 29 | |
843 | 849 | ||
844 | - | (8) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 25 | |
845 | - | FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 26 | |
846 | - | ||
847 | - | (II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 27 | |
848 | - | CREDITED TO THE FUND. 28 | |
849 | - | ||
850 | - | (9) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 29 | |
851 | - | ACCORDANCE WITH THE STATE BUDGET . 30 | |
850 | + | (1) ARE OFFERED ONLY ONLINE AN D TO A MAJORITY OF 30 | |
851 | + | OUT–OF–STATE STUDENTS ; AND 31 | |
852 | 852 | SENATE BILL 1022 19 | |
853 | 853 | ||
854 | 854 | ||
855 | - | (10) MONEY EXPENDED FROM T HE FUND FOR EXPENSES INC URRED BY 1 | |
856 | - | INSTITUTIONS FOR COL LABORATING OR ATTEMP TING TO COLLABORATE TO 2 | |
857 | - | ESTABLISH AND IMPLEM ENT A NEW GRADUATE P ROGRAM IS SUPPLEMENT AL TO 3 | |
858 | - | AND IS NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT OTHERWI SE WOULD 4 | |
859 | - | BE APPROPRIATED FOR THE NEW PROGRAM . 5 | |
855 | + | (2) ENABLE THE INSTITUTIO NS OF HIGHER EDUCATI ON IN THE 1 | |
856 | + | STATE TO COMPETE WITH OUT–OF–STATE COMPETITORS IN THE ONLINE 2 | |
857 | + | MARKETPLACE . 3 | |
860 | 858 | ||
861 | - | 11–206.4. 6 | |
859 | + | (B) THE COMMISSION SHALL INCL UDE THE PROGRAM REVI EW PROCESS 4 | |
860 | + | DEVELOPED UNDER THIS SECTION IN THE ADMIN ISTRATIVE PROCEDURES GUIDE 5 | |
861 | + | REQUIRED UNDER § 11–206.1(H) OF THIS SUBTITLE. 6 | |
862 | 862 | ||
863 | - | (A) NOTWITHSTANDING THE P ROVISIONS OF §§ 11–206 AND 11–206.1 OF 7 | |
864 | - | THIS SUBTITLE AND SUBJECT TO SUBSE CTION (B) OF THIS SECTION , THE 8 | |
865 | - | COMMISSION SHALL DEVE LOP AND IMPLEMENT A PROGRAM REVIEW PROCE SS FOR 9 | |
866 | - | NEW PROPOSED PROGRAM S THAT: 10 | |
863 | + | 11–302. 7 | |
867 | 864 | ||
868 | - | (1) | |
869 | - | ||
865 | + | (a) (1) The president of each public institution of higher education is 8 | |
866 | + | responsible for developing a mission statement. 9 | |
870 | 867 | ||
871 | - | (2) ENABLE THE INSTITUTIO NS OF HIGHER EDUCATI ON IN THE 13 | |
872 | - | STATE TO COMPETE WITH OUT–OF–STATE COMPETITORS IN THE ONLINE 14 | |
873 | - | MARKETPLACE . 15 | |
868 | + | (2) The president shall submit the mission statement to the institution’s 10 | |
869 | + | governing board. 11 | |
874 | 870 | ||
875 | - | (B) THE PROCESS DEVELOPED AND IMPLEMENTED UNDE R SUBSECTION (A) 16 | |
876 | - | OF THIS SECTION SHAL L ALLOW THE COMMISSION OR AN INST ITUTION OF HIGHER 17 | |
877 | - | EDUCATION IN THE STATE TO FILE WITH TH E COMMISSION AN OBJECTI ON TO 18 | |
878 | - | IMPLEMENTATION OF TH E PROPOSED PROGRAM , PROVIDED THE OBJECTI ON IS 19 | |
879 | - | BASED ON: 20 | |
871 | + | (3) Upon the direction of the governing board, the president shall update 12 | |
872 | + | the mission statement every 4 years in the year immediately following the quadrennial 13 | |
873 | + | review of the State Plan for Higher Education as set forth in § 11–105 of this title. 14 | |
880 | 874 | ||
881 | - | (1) INCONSISTENCY OF THE PROPOSED PROGRAM WIT H THE 21 | |
882 | - | INSTITUTION’S APPROVED MISSION F OR A PUBLIC INSTITUT ION OF HIGHER 22 | |
883 | - | EDUCATION OR THE MIS SION STATEMENT PUBLI SHED IN THE OFFICIAL CATALOG OF 23 | |
884 | - | A PRIVATE NONPROFIT INSTITUTION OF HIGHE R EDUCATION; 24 | |
875 | + | (b) (1) The governing board: 15 | |
885 | 876 | ||
886 | - | ( | |
887 | - | ||
877 | + | (i) Shall review the mission statement and may require the 16 | |
878 | + | president to prepare a revised mission statement; 17 | |
888 | 879 | ||
889 | - | (3) UNREASONABLE PROGRAM DUPLICATION THAT WOU LD CAUSE 27 | |
890 | - | HARM TO THE STATE OR STUDENTS ATT ENDING INSTITUTIONS OF HIGHER 28 | |
891 | - | EDUCATION IN THE STATE; OR 29 | |
880 | + | (ii) May adopt the mission statement as submitted or with 18 | |
881 | + | amendments; and 19 | |
892 | 882 | ||
893 | - | (4) UNNECESSARY PROGRAM D UPLICATION IN VIOLAT ION OF THE 30 | |
894 | - | STATE’S EQUAL EDUCATIONAL OPPORTUNITY OBLIGATI ONS UNDER STATE AND 31 | |
895 | - | FEDERAL LAW . 32 | |
883 | + | (iii) Shall submit the statement to the Commission. 20 | |
884 | + | ||
885 | + | (2) (i) In the case of constituent institutions of the University System 21 | |
886 | + | of Maryland, the Chancellor of the University System of Maryland shall review the 22 | |
887 | + | statement prior to its consideration by the Board of Regents and make recommendations. 23 | |
888 | + | ||
889 | + | (ii) Before adopting the mission statements, the Board of Regents 24 | |
890 | + | shall review the statements individually and on a systemwide basis to assure that: 25 | |
891 | + | ||
892 | + | 1. They are consistent with the Charter and the systemwide 26 | |
893 | + | plan; and 27 | |
894 | + | ||
895 | + | 2. They will promote the efficient and effective use of the 28 | |
896 | + | institution’s and System’s resources. 29 | |
897 | + | ||
898 | + | (iii) The Board shall consolidate the statements into an adopted 30 | |
899 | + | systemwide statement. 31 | |
896 | 900 | 20 SENATE BILL 1022 | |
897 | 901 | ||
898 | 902 | ||
899 | - | (B) (C) THE COMMISSION SHALL INCL UDE THE PROGRAM REVI EW 1 | |
900 | - | PROCESS DEVELOPED UN DER THIS SECTION IN THE ADMINISTRATIVE P ROCEDURES 2 | |
901 | - | GUIDE REQUIRED UNDER § 11–206.1(H) OF THIS SUBTITLE. 3 | |
903 | + | (c) (1) Each regional higher education center shall: 1 | |
902 | 904 | ||
903 | - | ||
905 | + | (i) Develop a mission statement; 2 | |
904 | 906 | ||
905 | - | ( | |
906 | - | ||
907 | + | (ii) Submit the mission statement to the governing body of the 3 | |
908 | + | center; and 4 | |
907 | 909 | ||
908 | - | (2) The president shall submit the mission statement to the institution’s 7 | |
909 | - | governing board. 8 | |
910 | + | (iii) Upon direction of the governing body, update the mission 5 | |
911 | + | statement every 4 years in the year immediately following the quadrennial review of the 6 | |
912 | + | State Plan for Higher Education as set forth in § 11–105 of this title. 7 | |
910 | 913 | ||
911 | - | (3) Upon the direction of the governing board, the president shall update 9 | |
912 | - | the mission statement every 4 years in the year immediately following the quadrennial 10 | |
913 | - | review of the State Plan for Higher Education as set forth in § 11–105 of this title. 11 | |
914 | + | (2) The governing body of each regional higher education center: 8 | |
914 | 915 | ||
915 | - | (b) (1) The governing board: 12 | |
916 | + | (i) Shall review the mission statement and may require the 9 | |
917 | + | preparation of a revised mission statement; 10 | |
916 | 918 | ||
917 | - | ( | |
918 | - | ||
919 | + | (ii) May adopt the mission statement as submitted or with 11 | |
920 | + | amendment; and 12 | |
919 | 921 | ||
920 | - | (ii) May adopt the mission statement as submitted or with 15 | |
921 | - | amendments; and 16 | |
922 | + | (iii) Shall submit the statement to the Commission. 13 | |
922 | 923 | ||
923 | - | ( | |
924 | + | (d) (1) The Commission shall [review]: 14 | |
924 | 925 | ||
925 | - | (2) (i) In the case of constituent institutions of the University System 18 | |
926 | - | of Maryland, the Chancellor of the University System of Maryland shall review the 19 | |
927 | - | statement prior to its consideration by the Board of Regents and make recommendations. 20 | |
926 | + | (I) DEVELOP DETAILED CRIT ERIA FOR THE ROBUST REVIEW OF 15 | |
927 | + | MISSION STATEMENTS O F PUBLIC INSTITUTION S OF HIGHER EDUCATIO N, 16 | |
928 | + | INCLUDING ENSURING T HE MISSION OF EACH I NSTITUTION IS CLEARL Y DEFINED 17 | |
929 | + | AND DISTINCT FROM OT HER PUBLIC INSTITUTI ONS; AND 18 | |
928 | 930 | ||
929 | - | (ii) | |
930 | - | ||
931 | + | (II) REVIEW the mission statement to determine whether the 19 | |
932 | + | mission statement is consistent with the State Plan for Higher Education. 20 | |
931 | 933 | ||
932 | - | | |
933 | - | ||
934 | + | (2) The mission statement shall be deemed approved within 30 days of 21 | |
935 | + | receipt unless the Commission [finds]: 22 | |
934 | 936 | ||
935 | - | | |
936 | - | ||
937 | + | (I) FINDS the statement is not consistent with the State Plan for 23 | |
938 | + | Higher Education; OR 24 | |
937 | 939 | ||
938 | - | ( | |
939 | - | ||
940 | + | (II) REJECTS THE STATEMENT AFTER CONDUCTING A R EVIEW 25 | |
941 | + | IN ACCORDANCE WITH P ARAGRAPH (1) OF THIS SUBSECTION . 26 | |
940 | 942 | ||
941 | - | ( | |
942 | - | ||
943 | - | ||
944 | - | SENATE BILL 1022 21 | |
943 | + | (3) (I) AFTER APPROVING OR RE JECTING A MISSION ST ATEMENT 27 | |
944 | + | OF A PUBLIC INSTITUT ION OF HIGHER EDUCATION , THE COMMISSION, IN 28 | |
945 | + | ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, SHALL SUBMIT 29 | |
946 | + | TO THE SENATE BUDGET AND TAXATION COMMITTEE, THE SENATE COMMITTEE ON 30 SENATE BILL 1022 21 | |
945 | 947 | ||
946 | 948 | ||
947 | - | ||
948 | - | ||
949 | + | EDUCATION, ENERGY, AND THE ENVIRONMENT , AND THE HOUSE APPROPRIATIONS 1 | |
950 | + | COMMITTEE A REPORT THAT INCL UDES AN ANALYSIS EXP LAINING: 2 | |
949 | 951 | ||
950 | - | (iii) Upon direction of the governing body, update the mission 3 | |
951 | - | statement every 4 years in the year immediately following the quadrennial review of the 4 | |
952 | - | State Plan for Higher Education as set forth in § 11–105 of this title. 5 | |
952 | + | 1. THE ROLE OF THE PUBLI C INSTITUTION OF HIG HER 3 | |
953 | + | EDUCATION WITHIN THE SYSTEM OF HIGHER EDU CATION IN THE STATE TO ENSURE 4 | |
954 | + | THE MISSION STATEMEN T IS CLEARLY DEFINED AND DISTINCT FROM OT HER PUBLIC 5 | |
955 | + | INSTITUTIONS OF HIGHER EDUCATIO N; AND 6 | |
953 | 956 | ||
954 | - | (2) The governing body of each regional higher education center: 6 | |
957 | + | 2. WHY THE MISSION STATE MENT WAS APPROVED OR 7 | |
958 | + | REJECTED. 8 | |
955 | 959 | ||
956 | - | (i) Shall review the mission statement and may require the 7 | |
957 | - | preparation of a revised mission statement; 8 | |
960 | + | (II) THE COMMISSION IS ENCOURA GED TO USE THE REPOR T 9 | |
961 | + | REQUIRED UNDER SUBPA RAGRAPH (I) OF THIS PARAGRAPH TO ENSURE THAT THE 10 | |
962 | + | STATE IS SUPPORTING E ACH PUBLIC INSTITUTI ON OF HIGHER EDUCATION IN 11 | |
963 | + | MEETING THE NEEDS DE SCRIBED IN THE MISSI ON STATEMENTS . 12 | |
958 | 964 | ||
959 | - | (ii) May adopt the mission statement as submitted or with 9 | |
960 | - | amendment; and 10 | |
965 | + | (4) (i) If the Commission finds that the MISSION statement is not 13 | |
966 | + | consistent with the State Plan for Higher Education OR REJECTS THE STATE MENT 14 | |
967 | + | UNDER PARAGRAPH (2) OF THIS SUBSECTION , the Commission shall return the 15 | |
968 | + | statement together with its objections that include the specific areas of inconsistency with 16 | |
969 | + | the State Plan for Higher Education to the governing board. 17 | |
961 | 970 | ||
962 | - | (iii) Shall submit the statement to the Commission. 11 | |
971 | + | (ii) The governing board and the institution president shall 18 | |
972 | + | negotiate with the Commission and amend the statement or prepare a new statement. 19 | |
963 | 973 | ||
964 | - | ||
974 | + | Article – State Finance and Procurement 20 | |
965 | 975 | ||
966 | - | (I) DEVELOP DETAILED CRIT ERIA FOR THE ROBUST REVIEW OF 13 | |
967 | - | MISSION STATEMENTS O F PUBLIC INSTITUTION S OF HIGHER EDUCATIO N, 14 | |
968 | - | INCLUDING ENSURING T HE MISSION OF EACH I NSTITUTION IS REFLECTIVE OF THE 15 | |
969 | - | INSTITUTION’S STATUTORY DISTINCT ION AND CLEARLY DEFINED AND DISTINCT 16 | |
970 | - | FROM OTHER PUBLIC IN STITUTIONS; AND 17 | |
976 | + | 6–226. 21 | |
971 | 977 | ||
972 | - | (II) REVIEW the mission statement to determine whether the 18 | |
973 | - | mission statement is consistent with the State Plan for Higher Education. 19 | |
978 | + | (a) (2) (i) Notwithstanding any other provision of law, and unless 22 | |
979 | + | inconsistent with a federal law, grant agreement, or other federal requirement or with the 23 | |
980 | + | terms of a gift or settlement agreement, net interest on all State money allocated by the 24 | |
981 | + | State Treasurer under this section to special funds or accounts, and otherwise entitled to 25 | |
982 | + | receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 26 | |
983 | + | Fund of the State. 27 | |
974 | 984 | ||
975 | - | ( | |
976 | - | ||
985 | + | (ii) The provisions of subparagraph (i) of this paragraph do not apply 28 | |
986 | + | to the following funds: 29 | |
977 | 987 | ||
978 | - | (I) FINDS the statement is not consistent with the State Plan for 22 | |
979 | - | Higher Education; OR 23 | |
988 | + | 189. the Teacher Retention and Development Fund; [and] 30 | |
980 | 989 | ||
981 | - | (II) REJECTS THE STATEMENT AFTER CONDUCTING A R EVIEW 24 | |
982 | - | IN ACCORDANCE WITH P ARAGRAPH (1) OF THIS SUBSECTION . 25 | |
990 | + | 190. the Protecting Against Hate Crimes Grant Fund; AND 31 | |
983 | 991 | ||
984 | - | (3) (I) AFTER APPROVING OR RE JECTING A MISSION ST ATEMENT 26 | |
985 | - | OF A PUBLIC INSTITUT ION OF HIGHER EDUCAT ION, THE COMMISSION, IN 27 | |
986 | - | ACCORDANCE WIT H § 2–1257 OF THE STATE GOVERNMENT ARTICLE, SHALL SUBMIT 28 | |
987 | - | TO THE SENATE BUDGET AND TAXATION COMMITTEE, THE SENATE COMMITTEE ON 29 | |
988 | - | EDUCATION, ENERGY, AND THE ENVIRONMENT , AND THE HOUSE APPROPRIATIONS 30 | |
989 | - | COMMITTEE A REPORT TH AT INCLUDES AN ANALY SIS EXPLAINING: 31 | |
990 | - | 22 SENATE BILL 1022 | |
992 | + | 191. THE PROPOSED PROGRAMS COLLABORATIVE GRANT 32 | |
993 | + | FUND. 33 22 SENATE BILL 1022 | |
991 | 994 | ||
992 | 995 | ||
993 | - | 1. THE ROLE OF THE PUBLI C INSTITUTION OF HIG HER 1 | |
994 | - | EDUCATION WITHIN THE SYSTEM OF HIGHER EDU CATION IN THE STATE TO ENSURE 2 | |
995 | - | THE MISSION STATEMEN T IS CLEARLY DEFINED AND DISTINCT FROM OT HER PUBLIC 3 | |
996 | - | INSTITUTIONS OF HIGH ER EDUCATION ; AND 4 | |
997 | 996 | ||
998 | - | 2. WHY THE MISSION ST ATEMENT WAS APPROVED OR 5 | |
999 | - | REJECTED. 6 | |
997 | + | SECTION 3. AND BE IT FURTHER ENACTED, That: 1 | |
1000 | 998 | ||
1001 | - | (II) THE COMMISSION IS ENCOURA GED TO USE THE REPOR T 7 | |
1002 | - | REQUIRED UNDER SUBPA RAGRAPH (I) OF THIS PARAGRAPH TO ENSURE THAT THE 8 | |
1003 | - | STATE IS SUPPORTING E ACH PUBLIC INSTITUTI ON OF HIGHER EDUCATI ON IN 9 | |
1004 | - | MEETING THE NEEDS DE SCRIBED IN THE MISSI ON STATEMENTS . 10 | |
999 | + | (a) (1) The Maryland Higher Education Commission shall examine the 2 | |
1000 | + | approval process established by the Commission for conducting academic program reviews 3 | |
1001 | + | under §§ 11–206 and 11–206.1 of the Education Article, as enacted by Section 2 of this Act, 4 | |
1002 | + | including all statutory and regulatory requirements regarding administrative procedures, 5 | |
1003 | + | timelines, and deadlines, to determine whether the process, in whole or in part, needs 6 | |
1004 | + | updating or revision to meet the needs of the institutions of higher education and students 7 | |
1005 | + | in the State. 8 | |
1005 | 1006 | ||
1006 | - | (4) (i) If the Commission finds that the MISSION statement is not 11 | |
1007 | - | consistent with the State Plan for Higher Education OR REJECTS THE STATE MENT 12 | |
1008 | - | UNDER PARAGRAPH (2) OF THIS SUBSECTION , the Commission shall return the 13 | |
1009 | - | statement together with its objections that include the specific areas of inconsistency with 14 | |
1010 | - | the State Plan for Higher Education to the governing board. 15 | |
1007 | + | (2) On or before December 1, 2024, the Commission shall report its findings 9 | |
1008 | + | and recommendations under paragraph (1) of this subsection to the General Assembly, in 10 | |
1009 | + | accordance with § 2–1257 of the State Government Article. 11 | |
1011 | 1010 | ||
1012 | - | (ii) The governing board and the institution president shall 16 | |
1013 | - | negotiate with the Commission and amend the statement or prepare a new statement. 17 | |
1011 | + | (b) (1) The Commission, in collaboration with all institutions of higher 12 | |
1012 | + | education in the State, shall evaluate whether the existing standard that triggers the 13 | |
1013 | + | academic program review process for a substantial modification to an existing program 14 | |
1014 | + | established under § 11–206 of the Education Article, as enacted by Section 2 of this Act, 15 | |
1015 | + | and COMAR 13B.02.03.03E is the appropriate standard. 16 | |
1014 | 1016 | ||
1015 | - | Article – State Finance and Procurement 18 | |
1017 | + | (2) If, after the evaluation conducted under paragraph (1) of this 17 | |
1018 | + | subsection, the Commission determines that a new standard for establishing a substantial 18 | |
1019 | + | modification to an existing program is appropriate, the Commission shall, on or before 19 | |
1020 | + | January 1, 2025, adopt regulations establishing the new standard. 20 | |
1016 | 1021 | ||
1017 | - | ||
1022 | + | SECTION 4. AND BE IT FURTHER ENACTED, That: 21 | |
1018 | 1023 | ||
1019 | - | (a) (2) (i) Notwithstanding any other provision of law, and unless 20 | |
1020 | - | inconsistent with a federal law, grant agreement, or other federal requirement or with the 21 | |
1021 | - | terms of a gift or settlement agreement, net interest on all State money allocated by the 22 | |
1022 | - | State Treasurer under this section to special funds or accounts, and otherwise entitled to 23 | |
1023 | - | receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 24 | |
1024 | - | Fund of the State. 25 | |
1024 | + | (a) On or before January 1, 2025, the Maryland Higher Education Commission 22 | |
1025 | + | shall update the State Plan for Higher Education last revised in 2022 to include updated 23 | |
1026 | + | State and regional workforce needs information. 24 | |
1025 | 1027 | ||
1026 | - | (ii) The provisions of subparagraph (i) of this paragraph do not apply 26 | |
1027 | - | to the following funds: 27 | |
1028 | + | (b) During the process of updating the State Plan under subsection (a) of this 25 | |
1029 | + | section, the Commission shall provide postsecondary education stakeholders with an 26 | |
1030 | + | opportunity to provide input on State and regional workforce needs issues relevant to the 27 | |
1031 | + | purposes and objective of the State Plan for Higher Education, including students, 28 | |
1032 | + | members of the public, and major industry partners. 29 | |
1028 | 1033 | ||
1029 | - | 189. the Teacher Retention and Development Fund; [and] 28 | |
1030 | - | ||
1031 | - | 190. the Protecting Against Hate Crimes Grant Fund; AND 29 | |
1032 | - | ||
1033 | - | 191. THE PROPOSED PROGRAMS COLLABORATIVE GRANT 30 | |
1034 | - | FUND. 31 | |
1035 | - | ||
1036 | - | SECTION 3. AND BE IT FURTHER ENACTED, That: 32 | |
1037 | - | SENATE BILL 1022 23 | |
1038 | - | ||
1039 | - | ||
1040 | - | (a) (1) The Maryland Higher Education Commission shall examine the 1 | |
1041 | - | approval process established by the Commission for conducting academic program reviews 2 | |
1042 | - | under §§ 11–206 and 11–206.1 of the Education Article, as enacted by Section 2 of this Act, 3 | |
1043 | - | including all statutory and regulatory requirements regarding administrative procedures, 4 | |
1044 | - | timelines, and deadlines, to determine whether the process, in whole or in part, needs 5 | |
1045 | - | updating or revision to meet the needs of the institutions of higher education and students 6 | |
1046 | - | in the State. 7 | |
1047 | - | ||
1048 | - | (2) On or before December 1, 2024, the Commission shall report its findings 8 | |
1049 | - | and recommendations under paragraph (1) of this subsection to the General Assembly, in 9 | |
1050 | - | accordance with § 2–1257 of the State Government Article. 10 | |
1051 | - | ||
1052 | - | (b) (1) The Commission, in collaboration with all institutions of higher 11 | |
1053 | - | education in the State, shall evaluate whether the existing standard that triggers the 12 | |
1054 | - | academic program review process for a substantial modification to an existing program 13 | |
1055 | - | established under § 11–206 of the Education Article, as enacted by Section 2 of this Act, 14 | |
1056 | - | and COMAR 13B.02.03.03E is the appropriate standard. 15 | |
1057 | - | ||
1058 | - | (2) If, after the evaluation conducted under paragraph (1) of this 16 | |
1059 | - | subsection, the Commission determines that a new standard for establishing a substantial 17 | |
1060 | - | modification to an existing program is appropriate, the Commission shall, on or before 18 | |
1061 | - | January 1, 2025, adopt regulations establishing the new standard. 19 | |
1062 | - | ||
1063 | - | SECTION 4. AND BE IT FURTHER ENACTED, That: 20 | |
1064 | - | ||
1065 | - | (a) On or before January 1, 2025, the Maryland Higher Education Commission 21 | |
1066 | - | shall update the State Plan for Higher Education last revised in 2022 to include updated 22 | |
1067 | - | State and regional workforce needs information. 23 | |
1068 | - | ||
1069 | - | (b) During the process of updating the State Plan under subsection (a) of this 24 | |
1070 | - | section, the Commission shall provide postsecondary education stakeholders with an 25 | |
1071 | - | opportunity to provide input on State and regional workforce needs issues relevant to the 26 | |
1072 | - | purposes and objective of the State Plan for Higher Education, including students, 27 | |
1073 | - | members of the public, and major industry partners. 28 | |
1074 | - | ||
1075 | - | SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect July 29 | |
1076 | - | 1, 2024. 30 | |
1077 | - | ||
1034 | + | SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take ef fect July 30 | |
1035 | + | 1, 2024. 31 |