MARYLAND HIGHER

EDUCATION COMMISSION

MEETING BOOKLET

Time: 1:00 PM December 14, 2016 Place: Maryland Higher Education Commission 7th Floor Board Room 6 N. Liberty Street Baltimore, MD 21201

Maryland Higher Education Commission

Anwer Hasan, Chairman

Sandra L. Jimenez, Vice-Chair

Vivian S. Boyd

Joseph DeMattos, Jr.

John Holaday

Russell V. Kelley

Peri J. Kelsey, Student Commissioner

Ian MacFarlane

Donna M. Mitchell

Joel Packer

Rizwan A. Siddiqi

John W. Yaeger

James D. Fielder, Jr., Ph.D. Secretary

Lawrence J. Hogan, Jr. Boyd K. Rutherford Governor Lt. Governor

Larry Hogan Governor

Boyd K. Rutherford

Lt. Governor

Anwer Hasan Chairperson

James D. Fielder, Jr., Ph. D.

Secretary

MARYLAND HIGHER EDUCATION COMMISSION 6 N. Liberty Street • 10th Floor • Baltimore, MD 21201

T 410.767.3300 • 800.974.0203 • F 410.332.0270 • TTY for the Deaf 800.735.2258 www.mhec.maryland.gov

Maryland Higher Education Commission Meeting Agenda

TIME: 1:00 p.m.-4:00 p.m.

Wednesday December 14, 2016

PLACE: Maryland Higher Education Commission 6 N. Liberty Street, 7th FL BR Baltimore, MD 21201

Action Page Item Call to Order Commission Minutes Approval…………………………………………………….. 1 *

• November 16, 2016

Chairman’s and Secretary’s Remarks Regina Lightfoot Award

• Favour Nerrise-Njunkeng Faculty Advisory Council Student Advisory Council Commission Committee Updates Office of the Secretary- Secretary James D. Fielder, Jr., Ph.D.

• Proposed Publication on Regulations o Tuition Waivers- Foster Care Recipients and Unaccompanied

Homeless Youth under COMAR 13B.02.02.23………………………. 7 * Office of Research and Policy Analysis– Jon Enriquez

• 2016 Opening Fall Enrollment………………………………………………… 13 2017 Commission Meeting Dates Adjournment

Maryland Higher Education Commission Regular Session Meeting Minutes

November 16, 2016

9:00 a.m. The Maryland Higher Education Commission (MHEC) met on Wednesday, November 16, 2016 at 6 N. Liberty Street, 7th Floor Board Room, Baltimore, MD 21201. Commission members present:

Anwer Hasan, Chairman Sandra L. Jimenez, Vice Chairperson Vivian S. Boyd, Ph.D Russell V. Kelley, Ph.D Peri Kelsey (Phone) Ian D. MacFarlane Donna M. Mitchell Joel C. Packer

Commission members not present:

Joseph DeMattos, Jr. John W. Holaday, Ph.D Rizwan A. Siddiqi John W. Yaeger, Ed.D

Staff members present:

James D. Fielder, Jr. Ph.D Dr. Emily Dow Geoff Newman Dr. Maria Torres

David Beard Mark Blom Monica Wheatley Dr. Michael Kiphart

Alan Gallegos Trish Gordon-McCown Christine Wellons

Call to Order The meeting was called to order by Chairman Hasan at approximately 9:08 a.m. A meeting quorum was established with eight out of twelve members present. Commissioner Kelsey was present via telephone. Approval of Minutes – Action Item There was a motion by Commissioner MacFarlane and a second by Commissioner Mitchell for approval of the revised June meeting minutes. The motion was approved unanimously.

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There was a motion by Commissioner Boyd and a second by Commissioner Mitchell for approval of the October meeting minutes. The motion was approved unanimously. Secretary’s Remarks Secretary Fielder reported an agreement for a collaborative hospitality program between Notre Dame, UMES and Morgan State University is moving forward. Secretary Fielder noted this is the first collaboration between private and public 4- year institutions. Secretary Fielder applauded the effort and leadership of these institutions. Secretary Fielder further reported the agency has internally developed a state plan planning document which will be discussed later in the meeting. Secretary Fielder indicated the new state plan will be more innovative and collaborative. Chairman’s Remarks Chairman Hasan applauded the efforts of Notre Dame, UMES and Morgan State in developing the collaborative hospitality program. Chairman Hasan noted there will be discussion later in the meeting regarding Commissioner input and participation in updating the state plan. Office of the Secretary – Commission Committee Updates –Information Item Chairman Hasan requested brief updates from the commission committees. Committee members provided brief updates. Program Review Committee: Dr. Emily Dow reported the committee is planning to meet in the near future. Commissioner Boyd reported there is a need to review the membership for the Program Review Committee in order for committee to move forward. Commissioner Boyd further reported the committee had a productive initial meeting where the three goals were established. Finance and Operations Committee: Commissioner MacFarlane reported the committee is making progress. The committee has established three goals. The next meeting is planned prior to next commission meeting. Outreach, Grants, and Financial Assistance: Commissioner Packer reported the committee has been very active. The committee has had three meetings. Commissioner Packer reported the committee has been focused on fact finding and receiving input from external stakeholders. Commissioner Packer further reported the next meeting is scheduled for December and they are working on finalizing the three goals. Faculty Advisory Council – Information Item Chairman Hasan recognized Dr. Kenneth Kerr, Frederick Community College. Dr. Kerr provided the commission updates on the council’s four workgroups. Dr. Kerr reported the credit for prior learning workgroup is focusing on how credit for prior learning is awarded and portability, the adjunct faculty workgroup is focusing on how the council’s recommendations are being implemented at institutions and salary equivalencies across the state and in neighboring states, the dual enrollment workgroup is focusing on dual enrollment models and best practice recommendations, and the online vs face-to-face workgroup is focusing on differences in retention, completion and student

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debt. Dr. Kerr reported they would like to present a report to the commission by the end of the academic year. Student Advisory Council- Information Item Chairman Hasan recognized Ms. Monica Wheatley. Ms. Wheatley reported the Student Advisory Council met in late October. The group is in the process of forming an ad hoc group related to social justice. Ms. Wheatley further reported the next Student Advisory Council meeting is scheduled for Saturday, November 19th at 10 a.m. at Salisbury University. Department of Finance and Administration – FY 2018 Operating Budget Recommendations – Action Item Chairman Hasan recognized Mr. Geoffrey Newman. Mr. Newman provided an overview of the operating budget recommendations. Commissioner Boyd motioned that the Maryland Higher Education Commission adopt the following funding priorities for Fiscal Year 2018:

• Funding to support the continued recruitment and hiring of staff to fill remaining vacancies in the agency to strengthen the Maryland Higher Education Commission as the State coordinating agency responsible for postsecondary education under the Acting Secretary’s restructuring efforts.

• Funding to continue efforts to make higher education more affordable by providing an appropriate balance across the following to ensure the needs of all students are met.

o Increased focus and analysis on funding to support programs of student financial assistance for students with need, particularly to the Howard P. Rawlings Program of Education Excellence.

o If possible, continued funding to support moderate increases in resident undergraduate tuition rates at public colleges and universities.

• Funding to assist higher education institutions implement programs and policies to support increased student success in attaining a postsecondary education credential.

o Funding to help Historically Black Colleges and Universities implement and modify proven programs to improve undergraduate retention and graduation.

o Funding to support grant programs and initiatives at MHEC to assist colleges and universities implement best practices to increase the attainment rate for all students, particularly for students with academic preparedness needs.

• Continued support to formula-funded institutions and segments in accordance with the calculation methodology provided in statute.

The motion was seconded by Commissioner Mitchell. The motion was approved unanimously with amendments to change the language as follows:

• Page 31, 1st Bullet, to read as follows: o Funding to support the continued recruitment and hiring of staff to fill

remaining vacancies in the agency to strengthen the Maryland Higher

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Education Commission as the State coordinating agency responsible for postsecondary education.

• Page 31, 2nd Bullet, to read as follows: o If possible, continued funding to limit increases in resident undergraduate

tuition rates at public colleges and universities. Department of Finance and Administration – FY 2018 Consolidated Capital Budget Recommendations – Action Item Chairman Hasan recognized Mr. David Beard. Mr. Beard provided an overview of the consolidated capital budget recommendations. Commissioner Mitchell motioned that the Maryland Higher Education Commission approve the fiscal 2018 consolidated capital budget recommendation of $448,213,000 for higher education. It is further recommended that, should cost estimates for projects within this year’s capital budget requests be revised to provide cost savings for these projects, funding be reduced or additional projects be funded. Commissioner MacFarlane seconded the motion. The motion was approved unanimously. Department of Finance and Administration - Final Adoption on Regulations - Community Colleges under COMAR 13B.07.04 and COMAR 13B.07.05 – Action Item Chairman Hasan recognized Mr. David Beard. Mr. Beard reported that the Commission already approved the publication of the proposed regulations. Mr. Beard further reported there were no public comments received. These amendments would align community college construction procedures and space guidelines with current practices. Commissioner Boyd motioned that the Commission approves for final adoption and publication in the Maryland Register the attached regulations regarding community college construction procedures and space guidelines, and authorizes MHEC’s attorneys to approve non-substantive revisions as necessary to conform the proposed regulations to the stylistic and formatting requirements of the Division of State Documents. Commissioner Packer seconded the motion. The motion was approved unanimously.

Department of Academic Affairs – Proposed Publication on Regulations – Religious Institutions under COMAR 13B.02.04.02 – Action Item Chairman Hasan recognized Dr. Emily Dow. Dr. Dow reported the amendments would change the criteria that a “religious educational institution” must meet in order to obtain an exemption from the requirement to obtain a certificate of approval (COA) from the Commission. Dr. Dow further reported these amendments would no longer restrict religious institutions from offering general education coursework and would align COMAR with new statutory requirements.

Commissioner Boyd motioned that the Commission approves for publication the attached regulations regarding religious educational institutions, and authorizes MHEC’s attorneys to approve non-substantive revisions as necessary to conform the proposed regulations to the stylistic and formatting requirements of AELR and of the Division of

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State Documents. Commissioner Mitchell seconded the motion. The motion was approved unanimously.

Department of Academic Affairs – Proposed Withdrawal and Publication on Regulations – Transfer and Reverse Transfer under COMAR 13B.06.01.02,.02-1,.04.-.08– Action Item Chairman Hasan recognized Dr. Emily Dow. Dr. Dow reported that the withdraw of previously published regulations and publication of new regulations related to transfer and reverse transfer would improve and update the attached regulations. Dr. Dow further reported the revisions to the previously published regulations include:

• Transfer of either an Associate’s Degree or 60 credits earned towards a degree at a community college to a public 4-year institution, as noted in the CCRCCA

• Reverse transfer definition, student eligibility, and process, as noted in the STAC report to the General Assembly

• Expanded and clarified definitions • General and organizational edits to the current regulations for readability

Commissioner MacFarlane motioned that the Commission:

• withdraws proposed regulation 13B.06.01.02, .02-1, .04--.08 that was published in the August 5, 2016 Maryland Register;

• approves for publication the attached regulations 13B.06.01.02, .02-1, .04--.08 regarding transfer regulations; and

• authorizes MHEC’s attorneys to approve nonsubstantive revisions as necessary to conform the proposed regulations to the stylistic and formatting requirements of AELR and of the Division of State Documents.

Commissioner Boyd seconded the motion. The motion was approved unanimously.

Department of Academic Affairs – Collegiate Quarterly Report – Information Item Chairman Hasan recognized Monica Wheatley. Ms. Wheatley provided an overview of the Secretary’s 2nd quarter actions concerning degree programs, certificate programs, area of concentration, out-of-state institutions, proposals withdrawn, programs denied, proposals discontinued/suspended, and partnerships. Department of Academic Affairs – PCS Quarterly Report – Information Item Chairman Hasan recognized Alan Gallegos. Mr. Gallegos provided an overview of the Secretary’s 2nd quarter actions concerning approval of new schools, new programs reviewed and approved, approval of changes of location, approval of name change, approval of change of ownership, approval of separate classrooms, other business, certificate renewals, other approvals, cease and desist orders, notices of deficiencies, program approval withdrawn, and school approval withdrawn. Office of Research and Policy Analysis- Information Item Chairman Hasan recognized Geoff Newman. Mr. Newman presented to the commission data on the ratio of students to faculty, to non-faculty employees, and to all employees. Chairman Hasan recognized Alexia VanOrden. Ms. VanOrden provided a

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brief overview of opening fall enrollment. Ms. VanOrden indicated there would be a full report at the December meeting. Office of the Secretary- State Plan- Information Item Secretary Fielder reported the agency has reviewed the previous three state plans and there has been much internal discussion regarding the new state plan. The results of these efforts are three goals which include: access, innovation and success with an overarching goal of paying close attention to HBCU’s. Secretary Fielder recognized Dr. Emily Dow and Geoff Newman state plan. Dr. Dow reported there would be one writing group for each goal which will include various stakeholders. Each writing group will include two co-chairs, two commissioners and an MHEC liaison. The writing groups would be tasked with answering six questions. Mr. Newman reported this is a planning document and there could potentially be revisions based on input. Dr. Dow reported the state plan is due to the General Assembly on July 1st. The kick off meeting is scheduled for late November. Chairman Hasan requested each Commissioner email which writing groups they are interested in joining. Adjournment The meeting adjourned at approximately 11:08 a.m.

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Larry Hogan Governor

Boyd K. Rutherford

Lt. Governor

Anwer Hasan Chairperson

James D. Fielder, Jr., Ph. D.

Secretary

MARYLAND HIGHER EDUCATION COMMISSION 6 N. Liberty Street • 10th Floor • Baltimore, MD 21201

T 410.767.3300 • 800.974.0203 • F 410.332.0270 • TTY for the Deaf 800.735.2258 www.mhec.maryland.gov

MEMORANDUM

DATE: December 14, 2016 TO: Maryland Higher Education Commissioners FROM: Mark C. Blom Principal Counsel SUBJECT: Proposed Regulations 13B.02.02.23 Tuition Waivers --Foster Care Recipients and Unaccompanied Homeless Youth The purpose of this memorandum is to request your approval to publish for public comment in the Maryland Register the attached proposed amendments to the Code of Maryland Regulations. The Maryland General Assembly passed House bill 400 (Chapter 263) and House Bill 1288 (Chapter 306) last year, which amended the State law that requires public institutions of higher education to provide tuition waivers for foster care recipients and unaccompanied homeless youth. The Commission now needs to make changes to its regulation (COMAR 13B.02.02.23) to parallel the changes made by the General Assembly. The changes made by the General Assembly, and incorporated into the attached amendments to the regulation, include the following:

• Amending the definition of foster care recipient • Amending the definition of vocational certificate • Adding a new reporting requirement on institutions and MHEC

RECOMMENDATION: It is recommended that the Commission approves for publication in the Maryland Register the attached regulation 13B.02.02.23 regarding tuition waivers for foster care recipients and unaccompanied homeless youth, and authorizes MHEC’s attorneys to approve non-substantive revisions as necessary to conform the proposed regulations to the stylistic and formatting requirements of AELR and of the Division of State Documents.

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Title 13B

MARYLAND HIGHER EDUCATION COMMISSION

Subtitle 02 ACADEMIC REGULATIONS

Chapter 02 Minimum Requirements for in-State Degree-Granting Institutions

Authority: Education Article, §§11-105(u) and 15-106.1 Annotated Code of Maryland

.23 Tuition Exemption for Foster Care Recipients and Unaccompanied Homeless Youth.

A. In this regulation, the following terms have the meaning indicated:

(1) Foster Care Recipient.

(a) “Foster care recipient” means an individual who was placed in an out-of-home placement by the Maryland Department of Human Resources and:

(i) Resided in an out-of-home placement [in the State at the time the individual graduated from high school or successfully completed a general equivalency development examination (GED)] on the individual’s 18th birthday;[ or]

(ii) Resided in an out-of-home placement [in the State] on the individual’s 13th birthday and was placed into guardianship or adopted out of an out-of-home placement after the individual’s 13th birthday[.]; or

(iii) Resided in an out-of-home placement in the State for at least 1 year on or after the individual’s 13th birthday and returned to live with the individual’s parents after the out-of-home placement ended.

(b) “Foster care recipient” includes a younger sibling of an individual described in §A(1)(a) of this regulation if the younger sibling is concurrently placed into guardianship or adopted out of an out-of-home placement by the same guardianship or adoptive family.

(2) “Out-of-home placement” has the meaning stated in Family Law Article, §5-501, Annotated Code of Maryland.

(3) Tuition.

(a) “Tuition” means the charges imposed by a public institution of higher education for enrollment at the institution.

(b) “Tuition” includes charges for registration and all fees required as a condition of enrollment.

(4) “Unaccompanied homeless youth” means a child or youth who:

(a) Has had a consistent presence in the State for at least 1 year before enrollment in a public institution of higher education that is documented by school, employment, or other records;

(b) Is not in the physical custody of a parent or guardian;

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(c) Is a homeless child or youth, as defined by the McKinney-Vento Homeless Assistance Act; and

(d) Was determined to be a homeless child or youth by:

(i) A Maryland local school system homeless liaison, as defined by the McKinney-Vento Homeless Assistance Act;

(ii) A director or a designee of the director of a Maryland-based program funded under the Runaway and Homeless Youth Act;

(iii) A director or a designee of the director of a Maryland-based program funded under Title IV, Subtitle B of the McKinney-Vento Homeless Assistance Act; or

(iv) The financial aid director at the public institution of higher education in which the youth seeks to enroll.

(5) “Vocational certificate” means a [certification or licensure program offered by a public institution of higher education:

(a) Through courses for credit; or

(b) Through noncredit courses if the Commission approves the courses for State funding.] certificate or license awarded by a public institution of higher education on completion of a course of study that prepares an individual to work in a career field by taking credit-bearing courses or noncredit courses.

B. When determining whether a youth is an unaccompanied homeless youth, a financial aid administrator shall verify annually that the youth qualifies as an independent student under the federal College Cost Reduction and Access Act, 20 U.S.C. §1087vv(d)(1)(H).

C. A foster care recipient or an unaccompanied homeless youth is exempt from paying any tuition at a public institution of higher education, regardless of that foster care recipient’s or unaccompanied homeless youth’s receipt of any scholarship or grant if:

(1) The foster care recipient or unaccompanied homeless youth is enrolled at the institution on or before the date that the foster care recipient or unaccompanied homeless youth reaches the age of 25 years;

(2) The foster care recipient or unaccompanied homeless youth is enrolled as a candidate for a vocational certificate, an associate’s degree, or a bachelor’s degree; and

(3) The foster care recipient or unaccompanied homeless youth has filed for federal and State financial aid [by March 1 each year].

D. If a foster care recipient or an unaccompanied homeless youth receives a scholarship or grant for postsecondary study and is enrolled before the recipient’s 25th birthday as a candidate for a vocational certificate, an associate’s degree, or bachelor’s degree at a public institution of higher education, the scholarship or grant may not be applied to the tuition for the foster care recipient or unaccompanied homeless youth.

E. A foster care recipient or an unaccompanied homeless youth who is exempt from tuition under this section continues to be exempt until the earlier of:

(1) 5 years after first enrolling as a candidate for an associate’s degree or a bachelor’s degree at a public institution of higher education in the State; or

(2) The date that the foster care recipient or unaccompanied homeless youth is awarded a bachelor’s degree.

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F. Reporting.

(1)On or before June 1 of each year, each public institution of higher education shall report to the Commission on the aggregate and disaggregate number of foster care recipients and unaccompanied homeless youth who:

(a) Received a tuition exemption during the prior academic years;

(b) Received a tuition exemption at any point during their enrollment at the institution; and

(c) Earned a bachelor’s degree, and associate’s degree, or a vocational certificate from the institution during the prior academic year.

(2) On or before September 1 of each year, the Commission shall:

(a) Compile the reports received under subsection (1) of this section; and

(b) Submit the compilation of reports to the General Assembly in accordance with §2-1246 of the State Government Article.

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Larry Hogan Governor

Boyd K. Rutherford

Lt. Governor

Anwer Hasan Chairperson

James D. Fielder, Jr., Ph. D.

Secretary

MARYLAND HIGHER EDUCATION COMMISSION 6 N. Liberty Street • 10th Floor • Baltimore, MD 21201

T 410.767.3300 • 800.974.0203 • F 410.332.0270 • TTY for the Deaf 800.735.2258 www.mhec.maryland.gov

M E M O R A N D U M DATE: December 14, 2016 TO: Maryland Higher Education Commission FROM: Jon Enriquez STAFF: Alexia Van Orden SUBJECT: 2016 Opening Fall Enrollment This report highlights preliminary Fall 2016 enrollment data submitted by the State’s colleges and universities. Final enrollment numbers collected later in the term may vary slightly from the figures presented in this report. Total headcount enrollment at Maryland’s colleges and universities in Fall 2016 is 360,769, an increase of 2,188 (or 0.6%) over last year’s enrollment of 358,581. This suggests that enrollment has stabilized after recovering from the unusual spike in enrollment during the recessionary years of 2009-2012. This year’s headcount enrollment total is 12,590 (or 3.4%) lower than the all-time peak of 373,359 students enrolled in Fall 2011. Undergraduate enrollment declined by 0.2% while graduate enrollment increased by 1.4%. The number of students enrolling at community colleges declined by 3.9%. This is the fifth consecutive year of declining enrollment at community colleges. Enrollment declined at 11 of the 16 community colleges in Fall 2016. Enrollment at public four-year institutions grew by 3.8%. This is due to increases in both the full-time (up 1.2%) and part-time (up 13.6%) undergraduate student populations. Graduate student enrollment decreased slightly at both the full-time (down 0.1%) and part-time (down 0.2%) levels. Enrollment at private and independent institutions increased slightly by 1.1%. Community colleges saw a 1.5% increase in the number of first-time, full-time students, climbing from 13,961 to 14,167. Across all four-year institutions, the number of first-time, full-time students increased from 14,021 to 14,849, a 5.9% increase. RECOMMENDATION: This item is for information only.

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Larry Hogan Governor

Boyd K. Rutherford

Lt. Governor

Anwer Hasan Chairperson

James D. Fielder, Jr., Ph.D. Acting Secretary

MARYLAND HIGHER EDUCATION COMMISSION 6 N. Liberty Street • 10th Floor • Baltimore, MD 21201

T 410.767.3301 • 800.974.0203 • F 410.332.0270 • TTY for the Deaf 800.735.2258 www.mhec.state.md.us

Maryland Higher Education Commission

2017 Meeting Dates

The Maryland Higher Education Commission (MHEC) is Maryland’s higher education coordinating board responsible for the management of statewide financial aid programs and the establishment of statewide policies for public and private colleges and career schools to support

students’ postsecondary pursuits.

Meeting Dates and Locations

January 25, 2017

June 28, 2017

February 22, 2017

September 27, 2017 9:30am to 3:30pm

March 22, 2017

October 25, 2017

April 26, 2017

November 15, 2017

*Please note date change*

May 24, 2017

December 13, 2017 *Please note date change*

All Commission Meetings will be held on the 4th Wednesday of Each Month from 1:00pm to 4:00pm at the Maryland Higher Education Commission in the 7th Floor Board Room

located at 6 N. Liberty Street, Baltimore, MD 21201 unless otherwise noted.

Dates and Times Subject to Change http://www.mhec.state.md.us/higherEd/about/Meetings/mtgsched.asp