Maryland Higher Education Commission
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1: Important Agency Information to Note
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.
2: Types of Educational Providers Authorized
__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
____ Institution _____ Program ___X__ Both
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.
3: Accreditation
Yes
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
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.
4: Exemptions
Yes
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.
Religious Exemption:
Military Exemption
Online Registration:
N/A
5: Authorization of Distance Education
No
Yes
No
The physical presence standard is used to determine what type of authorization is required for an out-of-state institution.
6: Physical Presence Policy
Maryland regulations (COMAR) provide the following definition for Out-of-State Degree-Granting Institutions:
(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.
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7: Student Complaints - SARA Participating Institutions
Once a Maryland resident (student) has exhausted the complaint options at their institution they may file a complaint with MHEC.
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.
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/Documents/MHEC%20Complaint%20Process%20for%20all%20insitutions%205-12.pdf
Complaint Portal - https://onestop.md.gov/forms/mhec-student-complaint-portal-5f74bfc0ab0f9d00fc796766
N/A
8: Student Complaints - Non-SARA Participating Institutions
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.
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.
N/A
Contact Name: Alexandra Chaillou
Title: Associate Director, Institution Review
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
N/A
9: Surety Bonds
Yes
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):
Any for-profit institution (either online registered or operating in Maryland; for-profit NC-SARA institutions exempt from this requirement):
https://dsd.maryland.gov/regulations/Pages/13B.02.06.00.aspx
N/A
10: Tuition Refund Policy
Yes
Out-of-state institutions of higher education offering online education
Non-degree granting institutions
Any institution that meets the statutory definition of “disorderly closure”
Online registration:
Non-degree granting institutions:
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.
11: Student Tuition Recovery Fund
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
For-profit degree granting and non-degree granting institutions.
MHEC develops a unique page for each school closure.
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.
12: Reporting
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.
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.
Applications to continue operating in Maryland are publicly circulated and posted on our website for a 30-day comment period.
Institutions submit application materials through our academic proposal email (Academic Program Mailbox).
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13: Enforcement
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.
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14: Application Process
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.
Out-of-State Authorization to Operate in Maryland:
Online Registration:
N/A
15: Fees Associated with Authorization
Yes
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.
Program Fees:
https://dsd.maryland.gov/regulations/Pages/13B.02.03.02-1.aspx
Out-of-State Authorization to Operate in Maryland:
Online Registration:
https://dsd.maryland.gov/regulations/Pages/13B.05.01.06.aspx
N/A
16: Records Retention
MHEC obtains and stores student records for all in-state closed schools, both degree-granting and non-degree granting institutions.
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
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17: Additional Information
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.