Responses Last Confirmed:

Maryland Higher Education Commission

Agency Contact

Emily A.A. Dow, Ph.D., Assistant Secretary, Academic Affairs
410-767-3041
emily.dow@maryland.gov

Additional Contact

Trish Gordon McCown, Director of Academic Affairs
410-767-3098

Secretary of State Contact

Susan C. Lee
410-974-5521
dlmdsos_sos@maryland.gov
Topic

1: Important Agency Information to Note

a.
Provide any important information about your agency.

MHEC is the State of Maryland's higher education coordinating board responsible for establishing statewide policies for Maryland public and private colleges and universities and for-profit career schools. MHEC also administers state financial aid programs that affect students on a statewide basis.

Topic

2: Types of Educational Providers Authorized

a.
Indicate the types of institutions that your agency authorizes. Please provide a short explanation of any ambiguity in the comment section below.

__X__  Public, in-state degree granting institutions
__X__  Public, out-of-state degree granting institutions        
__X__  Private, in-state, not-for-profit degree granting institutions 
__X__  Private, out-of-state, not-for-profit degree granting institutions    
__X__  Private, in-state, for-profit degree granting institutions
__X__  Private, out-of-state, for-profit degree granting institutions
__X__  Public, in-state, non-degree granting institutions
__X__  Public, out-of-state, non-degree granting institutions
__X__  Non-degree, not-for profit institutions
__X__  Non-degree, for-profit institutions
__X__  Religious institutions
_____  Tribally-controlled institutions
_____  Federal Institutions
__X__  Municipal institutions

b.
Does your agency authorize specific academic programs offered by institutions, only institutions themselves, or both?

____ Institution   _____ Program   ___X__ Both

c.
Clarifying comments:

There are no tribally-controlled institutions operating in Maryland. Community colleges in Maryland are public institutions with some local/county oversight. There is one federal institution operating in Maryland (The United States Naval Academy); however MHEC does not authorize or have oversight over this entity.

Topic

3: Accreditation

a.
Is accreditation required for an institution to be authorized in your state?

Yes

b.
If yes, please check all that apply as appropriate.

Accreditation Required for:
__X__ Public, out-of-state degree granting institutions
__X__ Private, in-state, not-for-profit degree granting institutions
__X__ Private, out-of-state, not-for-profit degree granting institutions
__X__ Private, in-state, for-profit degree granting institutions
__X__ Private, out-of-state, for-profit degree granting institutions
__X__ Public, in-state, non-degree granting institutions
__X__ Public, out-of-state, non-degree granting institutions
_____ Non-degree, not-for profit institutions
_____ Non-degree, for-profit institutions
_____ Religious institutions
__X__ Tribally-controlled institutions
_____ Federal Institutions
__X__ Municipal institutions

c.
Clarifying comments:

A religious institution that is not accredited may seek religious exemption to offer religious instruction in Maryland. If a religious institution intends to seek accreditation or has accreditation, the institution is ineligible for the religious exemption and a full approval to operate in Maryland is required. While MHEC has authority over non-degree institutions (both for profit and not-for-profit institutions), accreditation is not required for approval for non-degree institutions.

Topic

4: Exemptions

a.
Are certain institutions or programs exempt by law or policy from your state authorization requirements?

Yes

b.
If yes, for what types of institutions? Which types of programs?

An institution of postsecondary education may obtain an exemption as a “religious educational institution” and operate without a certificate of approval from the Commission if the institution: (1) Is established for religious educational purposes; (2) Provides educational programs only for religious vocations or purposes; (3) Offers only sectarian instruction designed for and aimed at individuals who hold or seek to learn the particular religious faiths or beliefs taught by the institution; and (4) States on the certificate or diploma the religious nature of the award. A religiously exemption institution cannot be accredited by an accrediting body recognized by the United States Department of Education. Any institution (religious or otherwise) with accreditation must receive a certificate of approval to operate in Maryland or be approved through the online registration process.

Out-of-state institutions operating at a military site: Under COMAR 13B.02.01.04, the requirements for a Certificate of Approval do not apply to an out-of-state institution offering a course or a program on a military installation if: (1) The recruitment and enrollment of students is limited to active duty military personnel, dependents of active duty military personnel, or civilians employed at the installation; (2) The institution waives its right to claim veterans’ benefits for enrollees; and (3) The institution applies for and is granted an exemption for this regulation.

Online registration (authorization) does not apply to an online program that is subject to program review by the Commission under COMAR 13B.02.03 (i.e., program review for in-state institutions), participates in the Southern Regional Education Board’s Electronic Campus, or is offered by an institution approved by its state authority to participate in SARA.

d.
Clarifying comments:

N/A

Topic

5: Authorization of Distance Education

a.
Does your agency require purely online programs offered by out-of-state institutions to be authorized without regard to physical presence?

No

b.
If not, does your agency determine whether an institution must be authorized based on a physical presence (“operating”) standard?

Yes

c.
Does your agency require correspondence study programs to be authorized without regard to physical presence?

No

d.
Clarifying comments:

The physical presence standard is used to determine what type of authorization is required for an out-of-state institution.

Topic

6: Physical Presence Policy

a.
If your agency uses a physical presence standard, how does your agency define physical presence?

Maryland regulations (COMAR) provide the following definition for Out-of-State Degree-Granting Institutions:

COMAR 13B.02.01.03

(12) “Operate in Maryland” means to:

(a) Establish or provide a physical location in the State for students to receive synchronous or asynchronous instruction for credit leading to a degree or certificate;

(b) Require students to physically meet in a location in the State for instructional purposes more than twice during a full-term (quarter or semester) course for a total of more than 6 hours; or

(c) Have more than ten students, in a single program, placed simultaneously at one site in the State in a supervised internship, practicum, or field experience as a required part of a degree or certificate program, unless the internship, practicum, or field experience:

  • (i) Is arranged and administered by a national placement center;
  • (ii) Occurs at the National Institutes of Health, the U.S. Food and Drug Administration, or another federal agency that, in the determination of the Secretary, recruits students nationwide from eligible academic programs, regardless of the student’s specific institution of higher education; or
  • (iii) In the determination of the Secretary, has de minimus contacts with Maryland and is subject to the sufficient oversight of another regulatory body or government agency.
c.
Clarifying comments:

N/A

Topic

7: Student Complaints - SARA Participating Institutions

a.
Please describe the process for handling complaints about SARA participating Institutions.

Once a Maryland resident (student) has exhausted the complaint options at their institution they may file a complaint with MHEC.

b.
Is the process handled all within your agency or do you divide consumer protection and student complaint duties dependent on the type of institution (Public, Private, Technical, etc.)?

A student may submit a complaint in writing to MHEC when it involves an alleged violation of the Education Article, COMAR, or college or university policy, but only after the student has first exhausted the complaint/ grievance procedures established by the institution. If the complaint is specific to an issue outside of our regulatory or statutory authority, or is a federal complaint, we refer the student to the appropriate agency/organization.

c.
Web link for student complaints – SARA participating institutions.
d.
Who is the contact person at your agency for receiving complaints?

Contact Name: Trish Gordon McCown
Title: Director of Academic Affairs
Agency: Maryland Higher Education Commission
Address: 6 N. Liberty Street Baltimore, MD 21201
Email: collegiatecomplaint.mhec@maryland.gov
Phone: 410-767-3301
URL: https://mhec.maryland.gov/institutions_training/SiteAssets/Pages/colleges_universities/index/MHEC%20Complaint%20Process.pdf

Complaint Portal - https://onestop.md.gov/forms/student-complaints-mhec-5f74bfc0ab0f9d00fc796766

e.
Clarifying comments:

N/A

Topic

8: Student Complaints - Non-SARA Participating Institutions

a.
Please describe the process for handling complaints about out-of-state postsecondary institutions or programs?

Once a Maryland resident (student) has exhausted the complaint options at their institution, they may file a complaint with MHEC. Students may also file a complaint with the Consumer Protection Division of the Office of the Maryland Attorney General.

b.
Is the process handled all within your agency or do you divide consumer protection and student complaint duties dependent on the type of institution (Public, Private, Technical, etc.)?

A student may submit a complaint in writing to MHEC when it involves an alleged violation of the Education Article, COMAR, or college or university policy, but only after the student has first exhausted the complaint/ grievance procedures established by the institution. If the complaint is specific to an issue outside of our regulatory or statutory authority, or is a federal complaint, we refer the student to the appropriate agency/organization.

c.
Does this complaint process extend to institutions not authorized by the agency that may enroll residents of the state (such as explicitly distance education programs with no physical presence or exempt institutions)?

N/A

d.
Who is the contact person at your agency for receiving complaints?

Contact Name: Trish Gordon McCown
Title: Director of Academic Affairs
Agency: Maryland Higher Education Commission
Address: 6 N. Liberty Street Baltimore, MD 21201
Email: collegiatecomplaint.mhec@maryland.gov
Phone: 410-767-3301
URL: https://mhec.maryland.gov/institutions_training/SiteAssets/Pages/colleges_universities/index/MHEC%20Complaint%20Process.pdf

f.
Clarifying comments:

N/A

Topic

9: Surety Bonds

a.
Does your state require a Surety Bond for authorized out-of-state institutions?

Yes

b.
Web link for surety bonds.

Out-of-state institutions of higher education offering online education (non-profit institutions must hold a bond if their registration is under review and they have Maryland residents enrolled during the review of their registration):

https://mhec.maryland.gov/institutions_training/Pages/acadaff/oos_online/oos_online_registration.aspx

Any for-profit institution (either online registered or operating in Maryland; for-profit NC-SARA institutions exempt from this requirement):

http://www.dsd.state.md.us/COMAR/SubtitleSearch.aspx?search=13B.02.06.*

c.
Clarifying comments:

N/A

Topic

10: Tuition Refund Policy

a.
Does your state have a Tuition Refund Policy Requirement?

Yes

b.
If yes, for what types of institutions?

Out-of-state institutions of higher education offering online education

Non-degree granting institutions

Any institution that meets the statutory definition of “disorderly closure”

c.
Web link for surety bonds.
d.
Clarifying comments:

Legislation recently passed (SB446, 2020 legislative session - Maryland Education Article § 11-203(e)) that creates a specific process for the closure of a school, which includes details regarding refunds when a school closes.  MHEC is developing regulations and working though the details of implementing that legislation.

Topic

11: Student Tuition Recovery Fund

a.
Does your state have a Student Tuition Recovery Fund (or similar fund for school closure)?

For for-profit institutions, Maryland uses either the bond or letter of credit to provide tuition refunds when a school closes. The Secretary may also require an annual assessment, to be based on a percentage of a school’s tuition and fees, for a school year as determined by the Secretary.

Private Career Schools are expected to hold a bond as well; The Guaranty Student Tuition Fund is a separate fund for private career schools (i.e., non-degree granting institutions). See COMAR 13B.01.01.18C

b.
If yes, for what types of institutions?

For-profit degree granting and non-degree granting institutions.

c.
Web link for student tuition recovery fund.

MHEC develops a unique page for each school closure.

d.
Clarifying comments:

Code of Maryland Regulations allow the Secretary to require for-profit institutions to pay an assessment into the Guaranty Fund, notwithstanding the requirements for the financial guarantees for disorderly closure and teach-out, as noted above. Currently, MHEC does not require an assessment.

Topic

12: Reporting

a.
What kinds of information or data must an institution report to your agency as a condition for continued out-of-state authorization?

An out-of-state institution must submit renewal application materials every year to continue operating in Maryland. During or after the fifth year of operation in Maryland and during any subsequent renewal cycle, an out-of-State institution may apply for approval to operate in Maryland for an extended period of time up to 5 years.

b.
How frequently do institutions report data?

Once a year until the institution is approved for extended approval. An institution under extended approval is granted conditional approval predicated on the annual submission of student enrollment data and faculty compliance reports to ensure the conditions of COMAR continue to be met.

c.
Is this information published or shared publicly?

Applications to continue operating in Maryland are publicly circulated and posted on our website for a 30-day comment period.

d.
Web link for reporting.

Institutions submit application materials through our academic proposal email (Academic Program Mailbox).

e.
Clarifying comments:

N/A

Topic

13: Enforcement

a.
What are possible consequences of institutional non-compliance?

MHEC can impose fines on an institution that operates without approval or does not meet the standards set in Maryland regulations. Additionally, MHEC can revoke a certificate of approval to operate in Maryland.

b.
Web link for enforcement information.
c.
Clarifying comments:

N/A

Topic

14: Application Process

a.
Please provide a short description of the application process to obtain state authorization.

Out-of-State Authorization to Operate in Maryland: An out-of-state institution seeking to operate in Maryland must submit an application at least five months before the institution proposes to begin operations. The institution must submit an application, a non-refundable application fee; offer programs in Maryland that are offered at their main or primary campus; and demonstrate that the proposed program meets a critical and compelling regional or statewide need in Maryland. Approval to operate is renewed annually. During or after the fifth year of operation, and during any subsequent renewal cycle, an out-of-State institution may apply for Extended Operation for up to five years.

Online Registration for non-NC-SARA institutions: An institution that enrolls a Maryland student in an online program shall file an application for registration with the Commission before or within 3 months of enrolling the first Maryland student. Institutions must register their online programs with MHEC annually.

c.
Clarifying comments:

N/A

Topic

15: Fees Associated with Authorization

a.
Is there an application fee associated with the authorization process?

Yes

b.
If yes, what is the fee or fee schedule?

Out-of-State Authorization to Operate in Maryland: There is a non-refundable application fee of $7,500 for up to two degree programs and an additional $850 for each additional degree program; these fees apply to both initial and renewal applicants.

Online Registration: For an institution having an enrollment of no more than 20 Maryland students, $500; and for an institution having an enrollment of more than 20 Maryland students, $1,000.

d.
Clarifying comments:

N/A

Topic

16: Records Retention

a.
When a school closes, what is the process your state uses to ensure that transcripts/records are kept available?

MHEC obtains and stores student records for all in-state closed schools, both degree-granting and non-degree granting institutions.

b.
From what agency do students request their transcripts/records from a closed school?

Students can request a transcript from MHEC for a closed school.  MHEC recently transitioned to a Student Transcript Request Online Portal  to requests transcripts.  More information can be found on our website:

For all closed post-secondary institutions: https://mhec.maryland.gov/institutions_training/Pages/career/pcs/closures.aspx

Agency Name: Maryland Higher Education Commission
Contact Person: Director of Academic Affairs
Contact Phone: 410-767-3098
Contact Address: 6 N. Liberty Street Baltimore, MD 21201
Contact Email: transcripts.mhec@maryland.gov
Contact Website: https://mhec.maryland.gov/institutions_training/Pages/career/pcs/closures.aspx

c.
Clarifying comments:

N/A

Topic

17: Additional Information

a.
Is there anything else about the authorization process in your state that we and others ought to know about?

Regulations regarding online registration authorization may be found here.

Regulations regarding approval for an out-of-state institution to operate in Maryland may be found here.

Regulations regarding for-profit bonds can be found here.

Regulations regarding private career schools (non-degree granting institutions) can be found here.

Regulations regarding religious exemption can be found here. Statue (Annotated Code of Maryland, Education Article §11–202.1) governing religious exemption can be found here.

Regulations regarding military exemption can be found here.