EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0479*
HOUSE BILL 479
F2 EMERGENCY BILL 5lr1850
CF SB 9
By: Delegate Barnes
Introduced and read first time: January 20, 2025
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Maryland Higher Education Commission – Academic Program Approval – 2
Revisions 3
FOR the purpose of requiring certain nonpublic institutions of higher education to submit 4
a certain letter of intent regarding intended new graduate level programs to the 5
Maryland Higher Education Commission in a certain manner and at certain times; 6
repealing a certain provision of law that limited which institutions of higher 7
education could propose or implement certain academic programs for certain 8
graduate level programs under certain circumstances; and generally relating to 9
academic program approval and the Maryland Higher Education Commission. 10
BY repealing and reenacting, with amendments, 11
Article – Education 12
Section 11–105(a) and (c)(2)(i), 11–206(b)(1), 11–206.1(b), and 11–206.3(a) 13
Annotated Code of Maryland 14
(2022 Replacement Volume and 2024 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – Education 17
Section 11–206.3(b) 18
Annotated Code of Maryland 19
(2022 Replacement Volume and 2024 Supplement) 20
BY repealing 21
Article – Education 22
Section 11–206.5 23
Annotated Code of Maryland 24
(2022 Replacement Volume and 2024 Supplement) 25
BY repealing and reenacting, with amendments, 26
Chapter 963 of the Acts of the General Assembly of 2024 27 2 HOUSE BILL 479
Section 4 1
BY renumbering 2
Article – Education 3
Section 11–206.6 through 11–206.8 4
to be Section 11–206.5 through 11–206.7, respectively 5
Annotated Code of Maryland 6
(2022 Replacement Volume and 2024 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Education 10
11–105. 11
(a) (1) In this section, “emerging workforce need program” means a graduate 12
level program identified by the Commission [in the State Plan for Higher Education or each 13
annual update to the workforce needs as an appendix to the Plan] under subsection 14
(c)(2)(i)1 of this section that: 15
(i) No institution of higher education in the State offers; 16
(ii) Addresses a job or industry need that is innovative, unique, and 17
rare; and 18
(iii) Could leverage federal, State, or private resources on a 19
long–term basis with immediate development by an institution of higher education. 20
(2) “Emerging workforce need program” does not mean a specific academic 21
program identified by the Commission to fulfill or support an identified current State and 22
regional workforce need. 23
(c) (2) (i) In consultation with the governing boards and agencies 24
concerned with postsecondary education in the State, the Commission shall develop and 25
periodically update an overall plan consistent with the Charter, known as the State Plan 26
for Higher Education, that shall identify: 27
1. The present and future needs for postsecondary education 28
and research throughout the State, including current and emerging State and regional 29
workforce needs AND ANY SPECIFIC ACA DEMIC PROGRAMS INSTI TUTIONS COULD 30
DEVELOP TO FULFILL O R SUPPORT IDENTIFIED CURRENT STATE AND REGIONAL 31
WORKFORCE NEEDS AND ANY EMERGING WORKFOR CE NEED PROGRAMS in 32
accordance with subparagraph (iv) of this paragraph; 33
HOUSE BILL 479 3
2. The present and future capabilities of the different 1
institutions and segments of postsecondary education in the State, [and] INCLUDING any 2
specific academic programs institutions could develop to fulfill or support identified 3
[current State and regional workforce needs and any emerging workforce need programs] 4
WORKFORCE NEEDS ; and 5
3. The long–range and short–range objectives and priorities 6
for postsecondary education and methods and guidelines for achieving and maintaining 7
them. 8
11–206. 9
(b) (1) [Subject to § 11–206.5 of this subtitle, prior] PRIOR to the proposed 10
date of implementation, the governing body of an institution of postsecondary education 11
shall submit to the Commission each proposal for: 12
(i) A new program; or 13
(ii) A substantial modification of an existing program. 14
11–206.1. 15
(b) (1) [Subject to § 11–206.5 of this subtitle, a] A president of a public 16
institution of higher education may propose to establish a new program or abolish an 17
existing program if the action: 18
(i) Is consistent with the institution’s adopted mission statement 19
under Subtitle 3 of this title; and 20
(ii) Can be implemented within the existing program resources of 21
the institution. 22
(2) [Subject to § 11–206.5 of this subtitle, a] A president of a private 23
nonprofit institution of higher education may propose to establish a new program if the 24
action: 25
(i) Is consistent with the mission statement published in the official 26
catalog of the private nonprofit institution; and 27
(ii) Can be implemented within the existing resources of the 28
institution. 29
(3) The president of a public institution of higher education shall report 30
any programs that are proposed to be established or abolished in accordance with 31
paragraph (1) of this subsection to: 32
4 HOUSE BILL 479
(i) The institution’s governing board; and 1
(ii) The Maryland Higher Education Commission. 2
(4) The president of a private nonprofit institution of higher education 3
shall report any programs that are proposed to be established in accordance with paragraph 4
(2) of this subsection to the Commission. 5
(5) Upon receipt of a proposed new program, the Commission shall notify 6
all other institutions of higher education in the State. 7
11–206.3. 8
(a) In this section, “institution” means [a]: 9
(1) A public senior higher education institution; OR 10
(2) A PRIVATE NONPROFIT IN STITUTION OF HIGHER EDUCATION. 11
(b) (1) Beginning January 1, 2025, the Commission shall require each 12
institution to submit a letter of intent to the Commission that identifies each new graduate 13
level program that an institution intends to propose for approval under § 11–206 or § 14
11–206.1 of this subtitle. 15
(2) The Commission shall require each institution to submit a letter of 16
intent every 6 months. 17
(3) The letter of intent shall include all new graduate programs the 18
institution intends to propose within the 6–month to 2–year time period following 19
submission of the letter of intent. 20
[11–206.5. 21
(a) In this section, “emerging workforce need program” has the meaning stated in 22
§ 11–105(a) of this title. 23
(b) This section applies on or after adoption by the Commission of the updated 24
State Plan for Higher Education due January 1, 2025. 25
(c) Subject to subsection (d) of this section, the Commission may approve a 26
proposal submitted under § 11–206, § 11–206.1, or § 11–206.4 of this subtitle only for an 27
academic program for an emerging workforce need program for: 28
(1) Bowie State University; 29
(2) Coppin State University; 30
HOUSE BILL 479 5
(3) Morgan State University; 1
(4) The University of Maryland, College Park Campus as the State’s 2
flagship campus with programs and faculty nationally and internationally recognized for 3
excellence in research and the advancement of knowledge; and 4
(5) University of Maryland Eastern Shore. 5
(d) (1) Subject to paragraph (2) of this subsection, if an institution of higher 6
education does not submit a proposal under § 11–206, § 11–206.1, or § 11–206.4 of this 7
subtitle for an academic program for an emerging workforce need program within 1 year 8
after the quadrennial review of the State Plan for Higher Education, and each annual 9
update to the workforce needs as an appendix to the Plan that identified the emerging 10
workforce need program, any institution of postsecondary education in the State may 11
submit the proposal for approval by the Commission under §§ 11–206, 11–206.1, and 12
11–206.4 of this subtitle. 13
(2) (i) 1. Within 90 days after the quadrennial review of the State 14
Plan for Higher Education, and each annual update to the workforce needs as an appendix 15
to the Plan, each institution listed in subsection (c) of this section shall communicate to the 16
Commission a notice of intent to submit an academic program for an emerging workforce 17
need program identified in the Plan in the upcoming year. 18
2. The Commission shall: 19
A. Share the notice to all segments of higher education; 20
B. Facilitate collaboration between institutions of higher 21
education; 22
C. Provide feedback to an institution before an institution 23
submits the new program to the Commission for approval; and 24
D. Identify State resources to assist the institution in 25
developing the program. 26
(ii) If an institution of higher education listed in subsection (c) of this 27
section collaborates with any other institution of higher education in the State, at the 28
discretion of each institution, to implement an emerging workforce need program within 1 29
year after the quadrennial review of the State Plan for Higher Education, and each annual 30
update to the workforce needs as an appendix to the Plan that identified the emerging 31
workforce need program, the Commission may approve a proposal for an academic program 32
for an emerging workforce need program for the institution of higher education 33
collaborating with an institution listed in subsection (c) of this section. 34
(iii) If no institution listed in subsection (c) of this section provides 35
notice to the Commission of intent in accordance with this paragraph to submit an academic 36 6 HOUSE BILL 479
program for an emerging workforce need program identified in the quadrennial review of 1
the State Plan for Higher Education, and each annual update to the workforce needs as an 2
appendix to the Plan, in the upcoming year, any institution of higher education may 3
immediately submit a proposal under § 11–206, § 11–206.1, or § 11–206.4 of this subtitle 4
for an academic program for an emerging workforce need program. 5
(e) The Commission shall adopt regulations for the implementation of this 6
section.] 7
Chapter 963 of the Acts of 2024 8
SECTION 4. AND BE IT FURTHER ENACTED, That: 9
(a) On or before January 1, 2025, the Maryland Higher Education Commission 10
shall update the State Plan for Higher Education last revised in 2022 to include updated 11
[information on] State and regional workforce needs[, emerging workforce needs, and any 12
specific academic programs institutions could develop to fulfill or support identified needs. 13
(b) The Maryland Higher Education Commission shall submit the update under 14
subsection (a) of this section to the Legislative Policy Committee for review and comment 15
before adoption] INFORMATION . 16
[(c)] (B) During the process of updating the State Plan under subsection (a) of 17
this section, the Commission shall provide postsecondary education stakeholders with an 18
opportunity to provide input on State and regional workforce needs issues relevant to the 19
purposes and objectives of the State Plan for Higher Education, including students, 20
members of the public, and major industry partners. 21
SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 11 –206.6 through 22
11–206.8 of Article – Education of the Annotated Code of Maryland be renumbered to be 23
Section(s) 11–206.5 through 11–206.7, respectively. 24
SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 25
measure, is necessary for the immediate preservation of the public health or safety, has 26
been passed by a yea and nay vote supported by three–fifths of all the members elected to 27
each of the two Houses of the General Assembly, and shall take effect from the date it is 28
enacted. 29