Maryland Higher Education Commission

 

Information For Institutions Of Higher Education
Interested In Applying To Operate In The State Of Maryland
As An Out-of-State Institution

• Code of Maryland Regulations (COMAR)
  

• The Application Process
       Initial Application
       Renewal Application
  
• Exemption
       Application for Exemption
  
• Additional Information
  
  The Code of Maryland Regulations (COMAR)
  
  The Code of Maryland Regulations contain the requirements for Out-of-State Institutions of Higher Education.  COMAR Title 13B.02.01 (PDF)
  
  An Out-of-State Institution is a degree-granting institution whose primary campus exists outside of Maryland and whose authority to grant degrees is conferred by another state. COMAR 13B.02.01.03B(13).
  
  Out-of-State degree-granting institutions wishing to operate in Maryland must be: (1) fully accredited by an organization recognized as an accrediting agency by the U.S. Department of Education; (2) make application to the Secretary of Higher Education at the Maryland Higher Education Commission for approval to operate; (3) submit a non-refundable application fee; (4) propose to offer programs in Maryland that are offered at their main or primary campus; (5) demonstrate that the proposed program meets a critical and compelling regional or Statewide need; and (6) be in compliance with State regulations governing out-of-State institutions found in the COMAR 13B.02.01.
  
  Operating in Maryland means the maintenance in Maryland, for the purpose of offering instruction leading to a degree or certificate or any instruction for credit, of a classroom (including a teleclassroom and/or a computer laboratory), recruiting office, administrative office, or any other instructional space either through a lease or the purchase of space.” COMAR !3B.02.01.02.03B(12)(a)(i)
  
  Distance Education. The offering of distance instruction that originates outside of Maryland and which involves no physical presence in the State does not require authorization by the Maryland Higher Education Commission. COMAR 13B.02.01.03B(12)(c)
  
  
  The Application Process
  
  1. First time applicants will use the Initial Application Form:
               Initial Application Form (MS Word Electronic Form) (DOC)
                         Instructions For Completing This Electronic Form (DOC) and (PDF)
               Initial Application Form (PDF)
  
  2. The following applicants will use the Renewal Application Form:
  
  (a.) Currently approved Institutions seeking to continue their approval after their approval expiration date.
  
  (b.) Approved Institutions seeking to apply for a new location or new programs at a currently approved location.
  Renewal Application Form (MS Word Electronic Form) (DOC)
  Instructions For Completing This Electronic Form (DOC) and (PDF)
  Renewal Application Form (PDF)
  
  3. Extended Approval. 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 approval to operate in Maryland for an extended period of time of up to five years. An extended approval still requires the institution to obtain approval to operate any new program or instructional location.
  
  4. Application Fee. The institution must submit per each location, a non-refundable application fee in the amount of (a) $7,500 for up to two degree programs and (b) an additional $850 for each degree program over two programs. COMAR 13B.02.02.07D(2) and 13B.02.01.08B(2)
  
  5. When to Submit the Application. A complete application form must be submitted at least five months prior to the date the institution proposes to begin operations, or in the case of a renewal, its approval expiration date. Only a completed application (along with the supporting documentation) can be acted upon.
  
  6. Approval to operate is site specific. If the institution proposes operating in more than one location a separate application form must be completed for each location. While separate applications are required for each location, the necessary supporting documentation needs to be included only once for the entire package of applications.
  
  7. The 30 Day Comment Period. Once a completed application is received it will be distributed to all higher educational institutions in the State for a thirty day comment period. The Secretary shall consider all comments and objections received prior to making a final decision on the application. The Secretary may ask the applicant for additional information in response to the comments and/or objections. [The 30-day comment period does not apply to a closed site, that is, to instruction at a business, organization, educational entity, or government site in which the courses are offered solely for the employees and not open to the general public]
  
  8. Courses Only. An institution may apply to offer courses only if the full complement of courses comprise not more than 3 courses (or 9 credits) of a degree or certificate program. COMAR 13B.01.01.07D(5)
  
  Exemption
  
  Under COMAR 13B.02.01.04, the requirements for authorization of out-of-State degree granting institutions to operate in Maryland, 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 institutions waives its right to claim veterans’ benefits for enrollees; and
  
  (3) The institution applies for and is granted an exemption for this regulation.
  
  Application For Exemption. At least 30 days before the proposed initiation date of a course of instruction, the chief executive officer of the out-of-State institution shall submit an Application for Exemption. The application form requires the submission of (1) a copy of the agreement or memorandum of understanding that specifies that the out-of-State institution shall not recruit or enroll students unless they are active duty military personnel, dependents of active duty personnel, or civilians employed at the institution; and (2) a statement waiving the institution’s right to claim veterans’ benefits for enrollee.
  Application For Exemption (MS Word Electronic Form) (DOC)
  Instructions For Completing This Electronic Form (DOC) and (PDF)
  Application For Exemption (PDF)
  
  Additional Information and printed copies of the Application forms and regulations can be obtained from:
  
  

  Division of Planning and Academic Affairs
  Maryland Higher Education Commission
  6 N. Liberty Street, 10th Floor
  Baltimore, MD 21201
  410-767-3301
  
  acadprop@mhec.state.md.us (for electronic submissions)