§ 11-105. Powers and duties of Commission
West's Annotated Code of MarylandEducationEffective: July 1, 2022
Effective: July 1, 2022
MD Code, Education, § 11-105
§ 11-105. Powers and duties of Commission
(a) In addition to any other powers granted and duties imposed by this title and subject to any restrictions imposed by law, the Commission has the powers and duties set forth in this section.
(b)(1) The Commission shall coordinate the overall growth and development of postsecondary education in the State.
(ii) The Commission shall ensure that the State Plan for Higher Education complies with the State's equal educational opportunity obligations under State and federal law, including Title VI of the Civil Rights Act.1
(4) In the year immediately following the quadrennial review of the State Plan for Higher Education and in accordance with Subtitle 3 of this title, the Commission shall review, negotiate as necessary, and approve the appropriate role, function, and mission of each public institution of postsecondary education in the State.
(5)(i) With respect to the College Park Campus of the University of Maryland, the Commission shall direct the Board of Regents of the University System of Maryland to develop and implement a plan for the enhancement of that campus as the State's flagship campus with programs and faculty nationally and internationally recognized for excellence in research and the advancement of knowledge.
(ii) With respect to the constituent institutions of the University System of Maryland in the Baltimore region, the Commission shall direct the Board of Regents of the University System of Maryland to maintain and enhance a coordinated Higher Education Center for Research and Graduate and Professional Study in the Baltimore area.
(iii) With respect to Morgan State University, the Commission shall direct the Board of Regents of Morgan State University to develop and implement a plan for the enhancement of that institution and designation as the State's preeminent public urban research university with the appropriate programs, faculty, and facilities.
(c) With respect to the community colleges, the Commission:
(d)(1) A regional higher education center must be approved by the Commission before the center is authorized to operate in the State.
(e)(1) The Commission is the State Postsecondary Education Commission under Title XII of the Higher Education Act of 1965.
(f)(1) The Commission is responsible for:
(g) The Commission shall:
(h) The Commission:
(i)(1) On or before a date set by the Commission, each of the following governing boards and agencies shall submit to the Commission its annual operating budget requests and proposals for capital projects, by constituent institutions and affiliated regional higher education centers for the next fiscal year:
(2) In consultation with the Department of Budget and Management, the Commission shall present to the Governor, on or before a date set by the Governor, and simultaneously submit a copy to the General Assembly, a consolidated operating and capital budget for higher education that includes the operating and capital budget requests of the governing boards and institutions listed in paragraph (1) of this subsection, the operating budget request of the Commission, a report on the current funding of the adopted sets of peer institutions, and recommendations regarding the funding of higher education.
(4) In submitting recommendations pursuant to paragraph (2) of this subsection, the Commission shall comment on the overall level of funding for higher education in order to achieve the goals established in the State Plan for Higher Education, and may comment regarding funding priorities among segments of higher education and, within public senior higher education, among institutions. In reviewing the various budgets and submitting recommendations thereon, the Commission:
B. The Senator John A. Cade Funding Formula;2
(ii) It is the intent of the General Assembly that, barring unforeseen economic conditions, the Governor shall include in the annual budget submission for fiscal year 2000 and each year thereafter, an amount of General Fund State support for higher education equal to or greater than the amount appropriated in the prior year.
(j)(1) In this subsection, “community college” includes the Carroll County Community College and the Calvert County and St. Mary's County branch campuses of the College of Southern Maryland established under the authority granted by § 16-103(l) of this article, and does not include the Baltimore City Community College.
(3)(i) Whenever a county desires, or whenever the counties that support a regional community college desire, to participate in the financial assistance provided by the State for the general public junior or community college and regional community college construction program, the jurisdiction or jurisdictions shall file with the Commission a petition and such information as the Commission requires, together with a complete proposal for each project for which financial assistance is desired.
(4) On receipt of the recommendations of the Department of Budget and Management on each petition and project proposal, the Commission shall make a written report to the Board of Public Works describing the request or requests for financial assistance received and recommending a disposition for each request.
(5) The Board of Public Works shall approve each grant and shall certify the amount of the grant to the Treasurer and the Comptroller. The Comptroller shall issue a warrant to the Treasurer to pay the grant to or on behalf of the petitioning jurisdiction or jurisdictions, when needed, for design and construction or the acquisition of real property or interests in land. The decision of the Board of Public Works shall be in such form as the Board deems advisable and shall be final and conclusive.
(k) Subject to the provisions in Subtitle 2 of this title, the Commission may:
(l) Subject to the provisions of Title 18 of this article, the Commission shall administer the various scholarship, grant-in-aid, and tuition assistance programs established by law.
(m)(1) Subject to paragraph (2) of this subsection, the Commission shall administer existing programs for interstate and regional cooperation, including reciprocity agreements on matters that affect postsecondary education, and may propose such new programs as it deems appropriate to the educational needs of the State.
(ii) In order to provide higher educational opportunities at minimum cost to students and the State, the Commission is authorized to participate in the Southern Regional Education Board Interstate Agreement, also known as the Academic Common Market, to provide an opportunity for qualified nonresident students to enroll in selected programs and curricula on a resident tuition and fee charge basis.
(iii) Notwithstanding any other provision of this article, the Commission is specifically authorized to create guidelines for the waiver of the collection of nonresident tuition and fee charges for students from other states that are enrolled in programs and curricula approved by the Commission as part of a regional or interstate agreement.
(v) Any interstate reciprocal agreement entered into by the Commission involving the states of Pennsylvania and West Virginia shall supersede the provisions of § 16-310 of this article to the extent that the provisions of § 16-310 of this article are inconsistent with the reciprocal interstate agreement.
(n) Subject to the provisions of § 11-401 of this title, the Commission shall serve as the repository for records of defunct institutions of postsecondary education.
(o)(1) The Commission may require an application or renewal fee from an institution of postsecondary education seeking:
(p) Subject to the provisions of § 11-402 of this title, the Commission shall regulate the solicitation of students by institutions of postsecondary education.
(q) The Commission shall recommend to the Governor and General Assembly appropriate revisions to the Charter.
(r) The Commission shall arbitrate to resolve differences among the segments of higher education in the State.
(s) The Commission shall establish and maintain a higher education information system for planning, coordination, and evaluation purposes.
(t) The Commission shall assist the Maryland Department of Health in implementing the vaccination requirements adopted under § 18-102(c) of the Health-General Article.
(u) The Commission may adopt any rule or regulation necessary to carry out its powers and duties.
(v) The Commission shall perform any other duty delegated to it in accordance with law.
(w)(1) Each open meeting of the Commission shall be made available to the public through live video streaming.
(x)(1) On or before July 1, 2025, the Commission shall design and implement a unified scholarship application that, on completion, will result in the applicant applying for all of the centralized scholarship programs available in the Commission.
Credits
Added by Acts 1988, c. 246, §§ 2, 4, eff. July 1, 1988. Amended by Acts 1989, c. 5, §§ 1, 9; Acts 1989, c. 540, § 1; Acts 1989, c. 655; Acts 1990, c. 6, § 2; Acts 1990, c. 220, § 3; Acts 1991, c. 55, § 6; Acts 1991, c. 464, § 3; Acts 1992, c. 208; Acts 1992, c. 290; Acts 1994, c. 662, § 6, eff. Oct. 1, 1994; Acts 1996, c. 10, § 1, eff. April 9, 1996; Acts 1996, c. 10, § 16, eff. April 9, 1996; Acts 1996, c. 349, § 13, eff. July 1, 1996; Acts 1997, c. 110, § 1, eff. July 1, 1997; Acts 1997, c. 111, § 1, eff. July 1, 1997; Acts 1997, c. 114, § 1, eff. July 1, 1997; Acts 1997, c. 121, § 1, eff. Oct. 1, 1997; Acts 1997, c. 635, § 9, eff. July 1, 1997; Acts 1997, c. 636, § 9, eff. July 1, 1997; Acts 1998, c. 21, § 1, eff. April 14, 1998; Acts 1998, c. 619, § 1, eff. Oct. 1, 1998; Acts 1999, c. 515, § 1, eff. July 1, 1999; Acts 1999, c. 695, § 3, eff. July 1, 2000; Acts 2000, c. 542, § 1, eff. July 1, 2000; Acts 2000, c. 580, §§ 1, 2, eff. June 1, 2000; Acts 2002, c. 288, § 2, eff. July 1, 2003; Acts 2005, c. 59, § 1, eff. July 1, 2005; Acts 2006, c. 78, § 1, eff. July 1, 2006; Acts 2006, c. 255, § 1, eff. July 1, 2006; Acts 2008, c. 157, § 1, eff. Oct. 1, 2008; Acts 2009, c. 60, § 1, eff. April 14, 2009; Acts 2009, c. 460, § 1, eff. May 7, 2009; Acts 2011, c. 277, § 1, eff. June 1, 2011; Acts 2011, c. 397, § 1, eff. June 1, 2011; Acts 2012, c. 710, § 1, eff. July 1, 2012; Acts 2013, c. 14, § 1, eff. July 1, 2013; Acts 2013, c. 533, § 1, eff. July 1, 2013; Acts 2015, c. 175, § 1, eff. July 1, 2015; Acts 2015, c. 176, § 1, eff. July 1, 2015; Acts 2016, c. 25, § 2, eff. Oct. 1, 2016; Acts 2017, c. 62, § 6; Acts 2017, c. 592, § 1, eff. Oct. 1, 2017; Acts 2018, c. 12, § 1, eff. April 5, 2018; Acts 2019, c. 8, § 1, eff. March 27, 2019; Acts 2019, c. 8, § 5; Acts 2022, c. 639, § 1, eff. July 1, 2022; Acts 2022, c. 640, § 1, eff. July 1, 2022.
Footnotes
Pub.L. 88-352, July 2, 1964, 78 Stat. 241, codified at 42 U.S.C.A. § 2000d et seq.
Education, § 11-105 et seq.
MD Code, Education, § 11-105, MD EDUC § 11-105
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document |