EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1138*
HOUSE BILL 1138
F2 5lr3373
By: Delegate Fair
Introduced and read first time: February 5, 2025
Assigned to: Appropriations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 4, 2025
CHAPTER ______
AN ACT concerning 1
Higher Education – Private Career Schools – Advertising 2
FOR the purpose of authorizing the Secretary of Higher Education to allow certain private 3
career schools to advertise certain information and collect certain contact 4
information before receiving a certificate of approval from the Maryland Higher 5
Education Commission to operate a private career school in the State; and generally 6
relating to private career schools. 7
BY repealing and reenacting, without amendments, 8
Article – Education 9
Section 10–101(a) and (j) 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2024 Supplement) 12
BY adding to 13
Article – Education 14
Section 11–212 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2024 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Education 20
2 HOUSE BILL 1138
10–101. 1
(a) In this division the following words have the meanings indicated. 2
(j) “Private career school” means a privately owned and privately operated 3
institution of postsecondary education other than an institution of higher education that 4
furnishes or offers to furnish programs, whether or not requiring a payment of tuition or 5
fee, for the purpose of training, retraining, or upgrading individuals for gainful employment 6
as skilled or semiskilled workers or technicians in recognized occupations or in new and 7
emerging occupations. 8
11–212. 9
(A) A PRIVATE CAREER SCHOO L MAY ADVERTISE AND COLLECT CONTACT 10
INFORMATION FOR POTE NTIAL NEW STUDENTS B EFORE RECEIVING A CE RTIFICATE 11
OF APPROVAL TO OPERA TE IN THE STATE IF: 12
(1) THE PRIVATE CAREER SC HOOL HAS: 13
(I) COMPLETED A MARKET SU RVEY; 14
(II) SECURED A LEASE OR OWNS A PROPERTY FOR THE SCH OOL 15
BUILDING; 16
(III) COMPLETED ANY NECESSA RY CONSTRUCTION , 17
RENOVATIONS , OR MODIFICATIONS TO THE SCHOOL BUILDING ; AND 18
(IV) OBTAINED ALL EQUIPMEN T AND PERMITS, EXCEPT FOR THE 19
CERTIFICATE OF APPRO VAL, NECESSARY FOR OPERATING THE PR IVATE CAREER 20
SCHOOL; 21
(2) THE PRIVATE CAREER SC HOOL IS LIKELY TO BE ISSUED A 22
CERTIFICATE OF APPRO VAL FROM THE COMMISSION; AND 23
(3) THE REQUEST TO BEGIN ADVERTISING IS APPRO VED BY THE 24
SECRETARY. 25
(B) ADVERTISING FOR A PRI VATE CAREER SCHOOL APPROV ED UNDER 26
SUBSECTION (A) OF THIS SECTION: 27
(1) MAY CONTAIN INFORMATI ON RELATING TO THE O PENING OF THE 28
PRIVATE CAREER SCHOO L, INCLUDING THE ANTICI PATED DATE OF OPENIN G, 29
PROGRAMS OF INSTRUCT ION, AND THE APPLICATION PROCESS; AND 30
HOUSE BILL 1138 3
(2) SHALL DISCLOSE THAT TH E PRIVATE CAREER SCH OOL IS 1
PENDING APPROVAL . 2
(C) THE SECRETARY SHALL ADOPT REGULATIONS SPECIFYI NG THE 3
PROCESS FOR APPROVAL TO ADVERTISE A PRIVA TE CAREER SCHOOL UND ER THIS 4
SECTION. 5
11–212. 6
(A) THE SECRETARY MAY APPROVE A REQUEST FROM AN APPLICANT FO R A 7
PRIVATE CAREER SCHOO L TO ADVERTISE AND C OLLECT CONTACT INFOR MATION 8
FROM POTENTIAL NEW S TUDENTS BEFORE THE P RIVATE CAREER SCHOOL RECEIVES 9
A CERTIFICATE OF APP ROVAL TO OPERATE . 10
(B) A PRIVATE CAREER SCHOO L APPROVED UNDER SUB SECTION (A) OF 11
THIS SECTION: 12
(1) SHALL: 13
(I) ADVERTISE ONLY INFORM ATION RELATING TO TH E 14
OPENING OF THE PRIVA TE CAREER SCHOOL , INCLUDING THE ANTICI PATED DATE OF 15
OPENING, PROGRAMS OF INSTRUCT ION, AND THE APPLICATION PROCESS; AND 16
(II) INCLUDE, IN ANY ADVERTISEMENT , A DISCLOSURE THAT 17
THE CERTIFICATE OF A PPROVAL TO OPERATE T HE PRIVATE CAREER SC HOOL IS 18
PENDING APPROVAL ; AND 19
(2) MAY NOT COLLECT ANY F EES OR ENTER INTO AN ENROLLMENT 20
AGREEMENT WITH POTEN TIAL STUDENTS. 21
(C) THE SECRETARY SHALL ADOPT REGULATIONS PROVIDING FOR THE 22
PROCESS TO APPROVE A PRIVATE CAREER SCHOO L TO ADVERTISE UNDER THIS 23
SECTION. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25
1, 2025. 26