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.
*sb0009*
SENATE BILL 9
F2 EMERGENCY BILL 5lr1027
(PRE–FILED) CF HB 479
By: Chair, Education, Energy, and the Environment Committee
Requested: October 1, 2024
Introduced and read first time: January 8, 2025
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: January 24, 2025
CHAPTER ______
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 provision of law that required the Commission to circulate certain letters 7
of intent to certain institutions; repealing a certain provision of law that limited 8
which institutions of higher education could propose or implement certain academic 9
programs for certain graduate level programs under certain circumstances; and 10
generally relating to academic program approval and the Maryland Higher 11
Education Commission. 12
BY repealing and reenacting, with amendments, 13
Article – Education 14
Section 11–105(a) and (c)(2)(i), 11–206(b)(1), 11–206.1(b), and 11–206.3(a) 15
11–206.3(a), (d), and (e) 16
Annotated Code of Maryland 17
(2022 Replacement Volume and 2024 Supplement) 18
BY repealing and reenacting, without amendments, 19
Article – Education 20
Section 11–206.3(b) 11–206.3(b) and (c) 21
Annotated Code of Maryland 22 2 SENATE BILL 9
(2022 Replacement Volume and 2024 Supplement) 1
BY repealing 2
Article – Education 3
Section 11–206.5 4
Annotated Code of Maryland 5
(2022 Replacement Volume and 2024 Supplement) 6
BY repealing and reenacting, with amendments, 7
Chapter 963 of the Acts of the General Assembly of 2024 8
Section 4 9
BY renumbering 10
Article – Education 11
Section 11–206.6 through 11–206.8 12
to be Section 11–206.5 through 11–206.7, respectively 13
Annotated Code of Maryland 14
(2022 Replacement Volume and 2024 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Education 18
11–105. 19
(a) (1) In this section, “emerging workforce need program” means a graduate 20
level program identified by the Commission [in the State Plan for Higher Education or each 21
annual update to the workforce needs as an appendix to the Plan] under subsection 22
(c)(2)(i)1 of this section that: 23
(i) No institution of higher education in the State offers; 24
(ii) Addresses a job or industry need that is innovative, unique, and 25
rare; and 26
(iii) Could leverage federal, State, or private resources on a 27
long–term basis with immediate development by an institution of higher education. 28
(2) “Emerging workforce need program” does not mean a specific academic 29
program identified by the Commission to fulfill or support an identified current State and 30
regional workforce need. 31
(c) (2) (i) In consultation with the governing boards and agencies 32
concerned with postsecondary education in the State, the Commission shall develop and 33
periodically update an overall plan consistent with the Charter, known as the State Plan 34
for Higher Education, that shall identify: 35 SENATE BILL 9 3
1. The present and future needs for postsecondary education 1
and research throughout the State, including current and emerging State and regional 2
workforce needs AND ANY SPECIFIC ACA DEMIC PROGR AMS INSTITUTIONS COU LD 3
DEVELOP TO FULFILL O R SUPPORT IDENTIFIED CURRENT STATE AND REGIONAL 4
WORKFORCE NEEDS AND ANY EMERGING WORKFOR CE NEED PROGRAMS in 5
accordance with subparagraph (iv) of this paragraph; 6
2. The present and future capabilities of the different 7
institutions and segments of postsecondary education in the State, [and] INCLUDING any 8
specific academic programs institutions could develop to fulfill or support identified 9
[current State and regional workforce needs and any emerging workforce need programs] 10
WORKFORCE NEEDS ; and 11
3. The long–range and short–range objectives and priorities 12
for postsecondary education and methods and guidelines for achieving and maintaining 13
them. 14
11–206. 15
(b) (1) [Subject to § 11–206.5 of this subtitle, prior] PRIOR to the proposed 16
date of implementation, the governing body of an institution of postsecondary education 17
shall submit to the Commission each proposal for: 18
(i) A new program; or 19
(ii) A substantial modification of an existing program. 20
11–206.1. 21
(b) (1) [Subject to § 11–206.5 of this subtitle, a] A president of a public 22
institution of higher education may propose to establish a new program or abolish an 23
existing program if the action: 24
(i) Is consistent with the institution’s adopted mission statement 25
under Subtitle 3 of this title; and 26
(ii) Can be implemented within the existing program resources of 27
the institution. 28
(2) [Subject to § 11–206.5 of this subtitle, a] A president of a private 29
nonprofit institution of higher education may propose to establish a new program if the 30
action: 31
(i) Is consistent with the mission statement published in the official 32
catalog of the private nonprofit institution; and 33 4 SENATE BILL 9
(ii) Can be implemented within the existing resources of the 1
institution. 2
(3) The president of a public institution of higher education shall report 3
any programs that are proposed to be established or abolished in accordance with 4
paragraph (1) of this subsection to: 5
(i) The institution’s governing board; and 6
(ii) The Maryland Higher Education Commission. 7
(4) The president of a private nonprofit institution of higher education 8
shall report any programs that are proposed to be established in accordance with paragraph 9
(2) of this subsection to the Commission. 10
(5) Upon receipt of a proposed new program, the Commission shall notify 11
all other institutions of higher education in the State. 12
11–206.3. 13
(a) In this section, “institution” means [a]: 14
(1) A public senior higher education institution; OR 15
(2) A PRIVATE NONPROFIT IN STITUTION OF HIGHER EDUCATION. 16
(b) (1) Beginning January 1, 2025, the Commission shall require each 17
institution to submit a letter of intent to the Commission that identifies each new graduate 18
level program that an institution intends to propose for approval under § 11–206 or § 19
11–206.1 of this subtitle. 20
(2) The Commission shall require each institution to submit a letter of 21
intent every 6 months. 22
(3) The letter of intent shall include all new graduate programs the 23
institution intends to propose within the 6–month to 2–year time period following 24
submission of the letter of intent. 25
(c) The Commission shall use a letter of intent submitted by an institution under 26
this section: 27
(1) To facilitate collaboration between institutions; and 28
(2) To provide feedback to an institution before the institution submits the 29
new program to the Commission for approval, including any Commission concerns 30
regarding unreasonable or unnecessary program duplication. 31 SENATE BILL 9 5
(d) (1) The Commission may not use a letter of intent to establish any 1
preference or priority for approval of a program proposal. 2
(2) THIS SECTION MAY NOT BE CONSTRUED TO GIVE AN INSTITUTION 3
THE RIGHT OF FIRST R EFUSAL FOR ANY PROGR AM INCLUDED IN A LET TER OF 4
INTENT SUBMITTED TO THE COMMISSION UNDER THIS SECTION. 5
(e) (1) Subject to [paragraph] PARAGRAPHS (2) AND (3) of this subsection, 6
the Commission shall establish requirements for submitting a letter of intent under this 7
section, including the format, deadlines, and review criteria of the letters. 8
(2) The Commission [shall circulate each letter of intent submitted by an 9
institution among each institution, but] may not post an institution’s letter of intent 10
publicly. 11
(3) (I) AFTER REVIEW OF THE L ETTERS OF INTENT SUB MITTED BY 12
EACH INSTITUTION UND ER THIS SECTION , THE COMMISSION SHALL DETE RMINE 13
WHETHER AN INTENDED PROGRAM IS SIMILAR T O AN EXISTING PROGRA M OR 14
ANOTHER INTENDED PRO GRAM INCLUDED IN ANO THER INSTITUTION ’S LETTER OF 15
INTENT. 16
(II) IF THE COMMISSION DETERMINES THAT AN INTENDED 17
PROGRAM IS SIMILAR T O ANOTHER PROGRAM UN DER SUBPARAGRAPH (I) OF THIS 18
PARAGRAPH , THE COMMISSION MAY NOTIFY THE AFFECTED INSTITU TIONS OF ITS 19
DETERMINATION , PROVIDE FEEDBACK , AND ENCOURAGE DISCUS SION AND 20
COLLABORATION BETWEE N THE INSTITUTIONS . 21
[11–206.5. 22
(a) In this section, “emerging workforce need program” has the meaning stated in 23
§ 11–105(a) of this title. 24
(b) This section applies on or after adoption by the Commission of the updated 25
State Plan for Higher Education due January 1, 2025. 26
(c) Subject to subsection (d) of this section, the Commission may approve a 27
proposal submitted under § 11–206, § 11–206.1, or § 11–206.4 of this subtitle only for an 28
academic program for an emerging workforce need program for: 29
(1) Bowie State University; 30
(2) Coppin State University; 31
(3) Morgan State University; 32 6 SENATE BILL 9
(4) The University of Maryland, College Park Campus as the State’s 1
flagship campus with programs and faculty nationally and internationally recognized for 2
excellence in research and the advancement of knowledge; and 3
(5) University of Maryland Eastern Shore. 4
(d) (1) Subject to paragraph (2) of this subsection, if an institution of higher 5
education does not submit a proposal under § 11–206, § 11–206.1, or § 11–206.4 of this 6
subtitle for an academic program for an emerging workforce need program within 1 year 7
after the quadrennial review of the State Plan for Higher Education, and each annual 8
update to the workforce needs as an appendix to the Plan that identified the emerging 9
workforce need program, any institution of postsecondary education in the State may 10
submit the proposal for approval by the Commission under §§ 11–206, 11–206.1, and 11
11–206.4 of this subtitle. 12
(2) (i) 1. Within 90 days after the quadrennial review of the State 13
Plan for Higher Education, and each annual update to the workforce needs as an appendix 14
to the Plan, each institution listed in subsection (c) of this section shall communicate to the 15
Commission a notice of intent to submit an academic program for an emerging workforce 16
need program identified in the Plan in the upcoming year. 17
2. The Commission shall: 18
A. Share the notice to all segments of higher education; 19
B. Facilitate collaboration between institutions of higher 20
education; 21
C. Provide feedback to an institution before an institution 22
submits the new program to the Commission for approval; and 23
D. Identify State resources to assist the institution in 24
developing the program. 25
(ii) If an institution of higher education listed in subsection (c) of this 26
section collaborates with any other institution of higher education in the State, at the 27
discretion of each institution, to implement an emerging workforce need program within 1 28
year after the quadrennial review of the State Plan for Higher Education, and each annual 29
update to the workforce needs as an appendix to the Plan that identified the emerging 30
workforce need program, the Commission may approve a proposal for an academic program 31
for an emerging workforce need program for the institution of higher education 32
collaborating with an institution listed in subsection (c) of this section. 33
(iii) If no institution listed in subsection (c) of this section provides 34
notice to the Commission of intent in accordance with this paragraph to submit an academic 35
program for an emerging workforce need program identified in the quadrennial review of 36 SENATE BILL 9 7
the State Plan for Higher Education, and each annual update to the workforce needs as an 1
appendix to the Plan, in the upcoming year, any institution of higher education may 2
immediately submit a proposal under § 11–206, § 11–206.1, or § 11–206.4 of this subtitle 3
for an academic program for an emerging workforce need program. 4
(e) The Commission shall adopt regulations for the implementation of this 5
section.] 6
Chapter 963 of the Acts of 2024 7
SECTION 4. AND BE IT FURTHER ENACTED, That: 8
(a) On or before January 1, 2025, the Maryland Higher Education Commission 9
shall update the State Plan for Higher Education last revised in 2022 to include updated 10
[information on] State and regional workforce needs[, emerging workforce needs, and any 11
specific academic programs institutions could develop to fulfill or support identified needs. 12
(b) The Maryland Higher Education Commission shall submit the update under 13
subsection (a) of this section to the Legislative Policy Committee for review and comment 14
before adoption] INFORMATION . 15
[(c)] (B) During the process of updating the State Plan under subsection (a) of 16
this section, the Commission shall provide postsecondary education stakeholders with an 17
opportunity to provide input on State and regional workforce needs issues relevant to the 18
purposes and objectives of the State Plan for Higher Education, including students, 19
members of the public, and major industry partners. 20
SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 11 –206.6 through 21
11–206.8 of Article – Education of the Annotated Code of Maryland be renumbered to be 22
Section(s) 11–206.5 through 11–206.7, respectively. 23
SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 24
measure, is necessary for the immediate preservation of the public health or safety, has 25
been passed by a yea and nay vote supported by three–fifths of all the members elected to 26
each of the two Houses of the General Assembly, and shall take effect from the date it is 27
enacted. 28