Maryland 2024 Regular Session

Maryland Senate Bill SB1022 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [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.
85 *sb1022*
96
107 SENATE BILL 1022
118 F2 4lr2146
12- CF HB 1244
9+ CF 4lr2145
1310 By: Senators King and Watson
1411 Introduced and read first time: February 2, 2024
1512 Assigned to: Education, Energy, and the Environment
16-Committee Report: Favorable with amendments
17-Senate action: Adopted
18-Read second time: February 27, 2024
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Maryland Higher Education Commission – Academic Program Approval and 2
2519 Institutional Mission Statements – Requirements 3
2620
2721 FOR the purpose of requiring the Maryland Department of Labor, the Department of 4
2822 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
4949
5050
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
5756
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
6462
65-BY repealing and reenacting, without amendments, 13
66- Article – Business Regulation 14
67-Section 1101(a) and (f) 15
68- Annotated Code of Maryland 16
69- (2015 Replacement Volume and 2023 Supplement) 17
63+BY adding to 11
64+ Article – Business Regulation 12
65+Section 2103.2 13
66+ Annotated Code of Maryland 14
67+ (2015 Replacement Volume and 2023 Supplement) 15
7068
71-BY adding to 18
72- Article – Business Regulation 19
73-Section 2103.2 20
74- Annotated Code of Maryland 21
75- (2015 Replacement Volume and 2023 Supplement) 22
69+BY repealing and reenacting, without amendments, 16
70+ Article – Economic Development 17
71+Section 1101(a) and (c) 18
72+ Annotated Code of Maryland 19
73+ (2018 Replacement Volume and 2023 Supplement) 20
7674
77-BY repealing and reenacting, without amendments, 23
78- Article – Economic Development 24
79-Section 1101(a) and (c) 25
80- Annotated Code of Maryland 26
81- (2018 Replacement Volume and 2023 Supplement) 27
75+BY repealing and reenacting, with amendments, 21
76+ Article – Economic Development 22
77+Section 2.5106(17) and (18) 23
78+ Annotated Code of Maryland 24
79+ (2018 Replacement Volume and 2023 Supplement) 25
8280
83-BY repealing and reenacting, with amendments, 28
84- Article – Economic Development 29
85-Section 2.5–106(17) and (18) 30
86- Annotated Code of Maryland 31
87- (2018 Replacement Volume and 2023 Supplement) 32
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
8886
89-BY adding to 33
90- Article – Economic Development 34
91-Section 2.5–106(19) 35
92- Annotated Code of Maryland 36
93- (2018 Replacement Volume and 2023 Supplement) 37
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
9492
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
14798
14899
149100
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
152106
153- (2) WORKING COLLABORATIV ELY WITH THE DEPARTMENT OF 3
154-COMMERCE AND THE MARYLAND HIGHER EDUCATION COMMISSION TO PRODUCE 4
155-UNIFORM AND CONSISTE NT BASELINE DATA , INCLUDING COMMON SOU RCES AND 5
156-MEASUREMENTS , ABOUT WORKFORCE NEED S TO INFORM STATE POLICIES 6
157-RELATING TO POSTSECO NDARY EDUCATION . 7
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
158112
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
160118
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
162123
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
164126
165- (c) “Department” means the Department of Commerce. 11
127+Article – Business Regulation 22
166128
167-2.5106. 12
129+1101. 23
168130
169- The Department shall: 13
131+ (a) In this article the following words have the meanings indicated. 24
170132
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
175134
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
179136
180- (19) HAVE AT LEAST ONE FU LL–TIME STAFF MEMBER WHO IS 21
181-RESPONSIBLE FOR : 22
137+ THE DEPARTMENT SHALL HAVE AT LEAST ONE FULL –TIME STAFF MEMBER 27
138+WHO IS RESPONSIBLE F OR: 28
182139
183- (I) DEFINING, IDENTIFYING, AND COMPILING DEFINE, 23
184-IDENTIFY, AND COMPILE DATA ON STATE AND REGIONAL WO RKFORCE NEEDS ; AND 24
140+ (1) DEFINING, IDENTIFYING, AND COMPILING DATA O N STATE AND 29
141+REGIONAL WORKFORCE N EEDS; AND 30
185142
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
194146
195147
196-11–104. 1
148+MEASUREMENTS , ABOUT WORKFORCE NEED S TO INFORM STATE POLICIES 1
149+RELATING TO POSTSECO NDARY EDUCATION . 2
197150
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
200152
201- (b) (1) The Secretary shall: 4
153+1–101. 4
202154
203- (i) Select, organize, and direct the staff of the Commission; 5
155+ (a) In this division the following words have the meanings indicated. 5
204156
205- (ii) Perform the duties the Commission assigns; 6
157+ (c) “Department” means the Department of Commerce. 6
206158
207- (iii) See that the policies and decisions of the Commission are carried 7
208-out; 8
159+2.5–106. 7
209160
210- (iv) Serve at the pleasure of the Governor; and 9
161+ The Department shall: 8
211162
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
213167
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
216171
217- (ii) The Secretary is entitled to the salary provided in the State 13
218-budget. 14
172+ (19) HAVE AT LEAST ONE FU LL–TIME STAFF MEMBER WH O IS 16
173+RESPONSIBLE FOR : 17
219174
220- (c) (1) The Secretary may hire the additional staff provided in the State 15
221-budget. 16
175+ (I) DEFINING, IDENTIFYING, AND COMPILING DATA O N STATE 18
176+AND REGIONAL WORKFOR CE NEEDS; AND 19
222177
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
225183
226- (I) DEFINING, IDENTIFYING, AND COMPILING DATA O N STATE 19
227-AND REGIONAL WORKFOR CE NEEDS; AND 20
184+Article – Education 25
228185
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
234187
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
238190
239- (2) Any employee of the Commission who is determined by the Secretary 29
240-to hold a professional position may join the optional retirement program under Title 30 of 30
241-the State Personnel and Pensions Article. 31 6 SENATE BILL 1022
191+ (b) (1) The Secretary shall: 29
192+
193+ (i) Select, organize, and direct the staff of the Commission; 30 SENATE BILL 1022 5
242194
243195
244196
245-11–105. 1
197+ (ii) Perform the duties the Commission assigns; 1
246198
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
251201
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
256203
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
261205
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
265208
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
269211
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
275214
276- (IV) IN IDENTIFYING STATE AND REGIONAL WO RKFORCE NEEDS 25
277-FOR THE STATE PLAN FOR HIGHER EDUCATION, THE COMMISSION SHALL : 26
215+ (2) THE SECRETARY SHALL HAVE AT LEAST ONE FULL –TIME STAFF 12
216+MEMBER WHO IS RESPON SIBLE FOR: 13
278217
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
283220
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
289242
290243
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
293248
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
296253
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
301257
302- (3) (i) The Commission shall submit to the Governor and, subject to § 9
303-2–1257 of the State Government Article, to the General Assembly a quadrennial review of 10
304-the plan by July 1, 2009, and by July 1 of each fourth year thereafter. 11
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
305261
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
308266
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
313269
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
315274
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
317279
318- (i) A Faculty Advisory Council; 20
280+ 3. USE DATA FROM RESOURC ES AND LITERATURE 29
281+RELATING TO SPECIFIC OCCUPATIONS ; AND 30
319282
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
321285
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
323288
324- (iv) A Financial Assistance Advisory Council; 23
325289
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
327292
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
329296
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
331299
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
335335 8 SENATE BILL 1022
336336
337337
338- (3) The Councils may make reports and recommendations to the 1
339-Commission. 2
338+11–206. 1
340339
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
343341
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
346345
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
348348
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
350351
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
354354
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
357356
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
360358
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
363360
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
365363
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
367367
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
369370
370- (i) With respect to each public institution of postsecondary 21
371-education, either approve or disapprove the proposal; 22
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
372373
373- (ii) Except as provided in § 16–108(c) of this article, with respect to 23
374-each private nonprofit or for–profit institution of higher education, either recommend that 24
375-the proposal be implemented or that the proposal not be implemented; and 25
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
376377
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
379381
380- (3) If the Commission fails to act within 60 days of the date of submission 28
381-of the completed proposal, the proposal shall be deemed approved. 29
382+ 1. Subject to the provisions of § 17–105 of this article, a 30
383+private nonprofit institution of higher education; or 31
382384 SENATE BILL 1022 9
383385
384386
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
388388
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
392394
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
395398
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
397402
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
403406
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
407408
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
411410
412- (c) (1) Prior to discontinuation, each institution of postsecondary education 21
413-that proposes to discontinue an existing program shall provide written notification to the 22
414-Commission specifying: 23
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
415414
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
417417
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
419420
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
423423
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
426425
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
430433
431434
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
435435
436- (II) THE REGULATIONS SHALL : 4
436+ 3. PRIORITIZE COLLABORAT ION BETWEEN 1
437+INSTITUTIONS OF HIGH ER EDUCATION . 2
437438
438- 1. CLEARLY IDENTIFY ALL SPECIFIC CRITERIA AN D 5
439-FACTORS USED BY THE COMMISSION TO DETERMI NE WHETHER TWO OR MO RE 6
440-PROGRAMS ARE UNREASO NABLY OR UNNECESSARILY DUPLICATIVE; 7
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
441442
442- 2. PRIORITIZE MEETING STATE AND REGIONAL 8
443-WORKFORCE NEEDS AND PRESERVING EXISTING PROGRAMS THAT ARE AB LE TO 9
444-MEET THESE WORKFORCE NEEDS; AND 10
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
445446
446- 3. PRIORITIZE COLLABORAT ION BETWEEN 11
447-INSTITUTIONS OF HIGH ER EDUCATION . 12
447+ (5) (i) If the Commission makes a determination under paragraph (4) 9
448+of this subsection the Commission may: 10
448449
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
453452
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
458455
459- (5) (i) If the Commission makes a determination under paragraph (4) 21
460-of this subsection the Commission may: 22
456+ 3. Negotiate, as necessary, with any affected governing 15
457+board until the unreasonable duplication is eliminated. 16
461458
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
464466
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
467470
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
470477
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
476482
477483
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
480487
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
484490
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
491493
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
495495
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
499497
500- 2. If timely requested, the Commission shall provide such 18
501-opportunity prior to the Commission’s decision to impose a sanction. 19
498+ (2) “Private nonprofit institution of higher education” has the meaning 10
499+stated in § 10–101(k) of this article. 11
502500
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
505502
506-11–206.1. 22
503+ (i) A public senior higher education institution; and 13
507504
508- (a) (1) In this section the following words have the meanings indicated. 23
505+ (ii) A community college. 14
509506
510- (2) “Private nonprofit institution of higher education” has the meaning 24
511-stated in § 10–101(k) of this article. 25
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
512509
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
514512
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
516515
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
518518
519- (b) (1) A president of a public institution of higher education may propose to 29
520-establish a new program or abolish an existing program if the action: 30
519+ (i) Is consistent with the mission statement published in the official 23
520+catalog of the private nonprofit institution; and 24
521521
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
524530 12 SENATE BILL 1022
525531
526532
527- (ii) Can be implemented within the existing program resources of 1
528-the institution. 2
533+ (ii) The Maryland Higher Education Commission. 1
529534
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
532538
533- (i) Is consistent with the mission statement published in the official 5
534-catalog of the private nonprofit institution; and 6
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
535541
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
538543
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
542545
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
544548
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
546551
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
550554
551- (5) Upon receipt of a proposed new program, the Commission shall notify 17
552-all other institutions of higher education in the State. 18
555+ (iii) Meets criteria for the quality of new programs, developed in 15
556+consultation with the Commission; and 16
553557
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
555560
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
557564
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
560570
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
563574
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
572577 SENATE BILL 1022 13
573578
574579
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
578582
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
584586
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
588591
589- [(2)] (II) Not meeting a regional or statewide need consistent with the 12
590-[Maryland] State Plan for [Postsecondary] HIGHER Education; 13
592+ (I) CLEARLY IDENTIFY ALL OF THE SPECIFIC CRIT ERIA AND 10
593+FACTORS USED BY THE COMMISSION; AND 11
591594
592- [(3)] (III) Unreasonable program duplication which would cause 14
593-demonstrable harm to another institution THE STATE OR ST UDENTS ATTENDING 15
594-INSTITUTIONS OF HIGH ER EDUCATION IN THE STATE; or 16
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
595598
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
599600
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
604603
605- (I) CLEARLY IDENTIFY ALL OF THE SPECIFIC CRIT ERIA AND 24
606-FACTORS USED BY THE COMMISSION; AND 25
604+ 3. COLLABORATION BETWEEN INSTITUTIONS OF 18
605+HIGHER EDUCATION. 19
607606
608- (II) FOR AN OBJECTION UNDE R PARAGRAPH (1)(III) OF THIS 26
609-SUBSECTION, USE A SET OF BASELIN E DATA AND COMMON SO URCES AND THAT 27
610-PRIORITIZE: 28
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
611610
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
613615
614- 2. PRESERVING EXISTING P ROGRAMS THAT ARE ABL E 30
615-TO MEET STATE AND REGIONAL WO RKFORCE NEEDS ; AND 31
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
616618
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
620625
621626
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
626627
627- (f) (1) If an objection is filed under subsection (e) of this section by the 5
628-Commission or an institution within 30 days of receipt of a notice of an institution’s intent 6
629-to establish a new program, the Commission shall immediately notify the institution’s 7
630-governing board and president. 8
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
631632
632- (2) The Commission shall determine if an institution’s objection is justified 9
633-based on the criteria in subsection (e) of this section. 10
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
634635
635- (3) An objection shall be accompanied by detailed information supporting 11
636-the reasons for the objection. 12
636+ (1) BE CONDUCTED IN OPEN SESSION, INCLUDING DISCUSSION S AND 7
637+ANY FORMAL ACTION TA KEN BY THE COMMISSION; 8
637638
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
641643
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
646646
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
650651
651- (1) BE CONDUCTED I N OPEN SESSION, INCLUDING DISCUSSION S AND 23
652-ANY FORMAL ACTION TA KEN BY THE COMMISSION; 24
652+ (2) THE COMMISSION SHALL UP DATE THE ADMINISTRAT IVE 19
653+PROCEDURES GUIDE AT LEAST ONCE EACH YEAR . 20
653654
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
658656
659- (3) REQUIRE THE APPROVAL OF A MAJORITY OF THE MEMBERS THEN 29
660-SERVING ON THE COMMISSION. 30
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
661659
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
667672
668673
669- (2) THE COMMISSION SHALL UPDA TE THE ADMINISTRATIV E 1
670-PROCEDURES GUIDE AT LEAST ONCE EACH YEAR . 2
671674
672- [(g)] (I) (1) The Commission shall: 3
675+ (ii) Justification for the continuation of the program. 1
673676
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
676680
677- (ii) Identify low productivity programs at public institutions of 6
678-higher education. 7
681+ [(i)] (K) The Commission shall: 5
679682
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
683685
684- (3) If the Commission notifies a president of an institution under 11
685-paragraph (2) of this subsection, within 60 days the president of the institution shall 12
686-provide to the Commission in writing: 13
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
687689
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
689693
690- (ii) Justification for the continuation of the program. 15
694+11–206.2. 14
691695
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
695703
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
697709
698- (1) Monitor the program development and review process established 20
699-under this section; 21
710+11–206.3. 27
700711
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
704714
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
715719
716720
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
720721
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
726724
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
728728
729- (A) IN THIS SECTION , “INSTITUTION” MEANS A PUB LIC SENIOR HIGHER 10
730-EDUCATION INSTITUTIO N. 11
729+ (C) THE COMMISSION SHALL USE A LETTER OF INTENT S UBMITTED BY AN 6
730+INSTITUTION UNDER TH IS SECTION: 7
731731
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
736733
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
739738
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
743741
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
746745
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
748750
749- (2) TO PROVIDE FEEDBACK T O AN INSTITUTION BEF ORE THE 24
750-INSTITUTION SUBMITS THE NEW PROGRAM TO T HE COMMISSION FOR APPROV AL, 25
751-INCLUDING ANY COMMISSION CONCERNS R EGARDING UNREASONABL E OR 26
752-UNNECESSARY PROGRAM DUPLICATION. 27
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
753755
754- (D) THE COMMISSION MAY NOT US E A LETTER OF INTENT TO ESTA BLISH 28
755-ANY PREFERENCE OR PR IORITY FOR APPROVAL OF A PROGRAM PROPOSA L. 29
756+ 1. OF THE EXIGENT CIRCUM STANCES LEADING TO T HE 26
757+DEVELOPMENT OF THE P ROPOSED PROGRAM ; AND 27
756758
757- (E) THE COMMISSION SHALL ESTA BLISH REQUIREMENTS F OR SUBMITTING 30
758-A LETTER OF INTENT U NDER THIS SECTION , INCLUDING THE FORMAT , DEADLINES, 31
759-AND REVIEW CRITERIA OF THE LETTERS. 32
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
760762 SENATE BILL 1022 17
761763
762764
763- (F) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 1
764-THE COMMISSION MAY APPROV E A PROGRAM PROPOSAL SUBMITTED UNDER § 2
765-11–206 OR § 11–206.1 OF THIS SUBTITLE ONL Y IF THE INSTITUTION HAS INCLUDED 3
766-THE PROGRAM IN A LET TER OF INTENT SUBMITTED TO THE COMMISSION. 4
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
767769
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
772772
773- 1. OF THE EXIGENT CIRCUM STANCES LEADING TO T HE 9
774-DEVELOPMENT OF THE P ROPOSED PROGRAM ; AND 10
773+ (2) THERE IS A PROPOSED PROGRAMS COLLABORATIVE GRANT 7
774+FUND. 8
775775
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
779781
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
784783
785- (G) (1) IN THIS SUBSECTION , “FUND” MEANS THE PROPOSED PROGRAMS 18
786-COLLABORATIVE GRANT FUND. 19
784+ (I) ADMINISTER THE FUND; 15
787785
788- (2) THERE IS A PROPOSED PROGRAMS COLLABORATIVE GRANT 20
789-FUND. 21
786+ (II) DEVELOP AN APPLICATIO N PROCESS TO APPLY F OR A 16
787+GRANT FROM THE FUND; AND 17
790788
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
796791
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
798794
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
800797
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
803799
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
806807 18 SENATE BILL 1022
807808
808809
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
811815
812- (II) THE STATE TREASURER SHALL HOLD THE FUND 3
813-SEPARATELY, AND THE COMPTROLLER SHALL ACCOUNT FOR THE FUND. 4
816+ (I) SALARIES OF FACULTY W HO WORK TOGETHER TO 6
817+DETERMINE IF COLLABO RATION IS FEASIBLE F OR THE INSTITUTIONS ; AND 7
814818
815- (6) THE FUND CONSISTS OF : 5
819+ (II) COSTS ASSOCIATED WITH : 8
816820
817- (I) MONEY APPROPRIATED IN THE STATE BUDGET TO THE 6
818-FUND; 7
821+ 1. PROVIDING TRANSPORTAT ION FROM ONE 9
822+INSTITUTION TO ANOTH ER INSTITUTION FOR S HARED CLASSES OR FACILITIES ; AND 10
819823
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
821828
822- (III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 9
823-FOR THE BENEFIT OF T HE FUND. 10
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
824831
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
830834
831- (I) SALARIES OF FACULTY WHO WORK TOGETHER TO 16
832-DETERMINE IF COLLABO RATION IS FEASIBLE F OR THE INSTITUTIONS ; AND 17
835+ (9) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 19
836+ACCORDANCE WITH THE STATE BUDGET. 20
833837
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
835843
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
838845
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
843849
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
852852 SENATE BILL 1022 19
853853
854854
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
860858
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
862862
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
867864
868- (1) ARE OFFERED ONLY ONLI NE AND TO A MAJORITY OF 11
869-OUT–OF–STATE STUDENTS ; AND 12
865+ (a) (1) The president of each public institution of higher education is 8
866+responsible for developing a mission statement. 9
870867
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
874870
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
880874
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
885876
886- (2) NOT MEETING A STATE OR REGIONAL NEED CONSISTENT WITH 25
887-THE STATE PLAN FOR HIGHER EDUCATION; 26
877+ (i) Shall review the mission statement and may require the 16
878+president to prepare a revised mission statement; 17
888879
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
892882
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
896900 20 SENATE BILL 1022
897901
898902
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
902904
903-11–302. 4
905+ (i) Develop a mission statement; 2
904906
905- (a) (1) The president of each public institution of higher education is 5
906-responsible for developing a mission statement. 6
907+ (ii) Submit the mission statement to the governing body of the 3
908+center; and 4
907909
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
910913
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
914915
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
916918
917- (i) Shall review the mission statement and may require the 13
918-president to prepare a revised mission statement; 14
919+ (ii) May adopt the mission statement as submitted or with 11
920+amendment; and 12
919921
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
922923
923- (iii) Shall submit the statement to the Commission. 17
924+ (d) (1) The Commission shall [review]: 14
924925
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
928930
929- (ii) Before adopting the mission statements, the Board of Regents 21
930-shall review the statements individually and on a systemwide basis to assure that: 22
931+ (II) REVIEW the mission statement to determine whether the 19
932+mission statement is consistent with the State Plan for Higher Education. 20
931933
932- 1. They are consistent with the Charter and the systemwide 23
933-plan; and 24
934+ (2) The mission statement shall be deemed approved within 30 days of 21
935+receipt unless the Commission [finds]: 22
934936
935- 2. They will promote the efficient and effective use of the 25
936-institution’s and System’s resources. 26
937+ (I) FINDS the statement is not consistent with the State Plan for 23
938+Higher Education; OR 24
937939
938- (iii) The Board shall consolidate the statements into an adopted 27
939-systemwide statement. 28
940+ (II) REJECTS THE STATEMENT AFTER CONDUCTING A R EVIEW 25
941+IN ACCORDANCE WITH P ARAGRAPH (1) OF THIS SUBSECTION . 26
940942
941- (c) (1) Each regional higher education center shall: 29
942-
943- (i) Develop a mission statement; 30
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
945947
946948
947- (ii) Submit the mission statement to the governing body of the 1
948-center; and 2
949+EDUCATION, ENERGY, AND THE ENVIRONMENT , AND THE HOUSE APPROPRIATIONS 1
950+COMMITTEE A REPORT THAT INCL UDES AN ANALYSIS EXP LAINING: 2
949951
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
953956
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
955959
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
958964
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
961970
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
963973
964- (d) (1) The Commission shall [review]: 12
974+Article – State Finance and Procurement 20
965975
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
971977
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
974984
975- (2) The mission statement shall be deemed approved within 30 90 days of 20
976-receipt unless the Commission [finds]: 21
985+ (ii) The provisions of subparagraph (i) of this paragraph do not apply 28
986+to the following funds: 29
977987
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
980989
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
983991
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
991994
992995
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
997996
998- 2. WHY THE MISSION ST ATEMENT WAS APPROVED OR 5
999-REJECTED. 6
997+ SECTION 3. AND BE IT FURTHER ENACTED, That: 1
1000998
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
10051006
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
10111010
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
10141016
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
10161021
1017-6–226. 19
1022+ SECTION 4. AND BE IT FURTHER ENACTED, That: 21
10181023
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
10251027
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
10281033
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