A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) Academic Credit.
(a) "Academic credit" means the certification of a student's successful completion of a unit of a course of study leading to a formal award granted by an out-of-State institution approved to offer a collegiate degree, such as an associate or higher degree.
(b) "Academic credit" does not include credit that may be awarded for remedial education.
(2) "Associate degree-granting institution" means an institution that awards a degree at the associate level in two or more instructional programs and does not award a higher degree.
(3) Classroom Instruction.
(a) "Classroom instruction" means live instruction for academic credit that allows immediate interaction between student and instructor, such as lectures, laboratory instruction, seminars, colloquia, interactive instructional television, and, if immediate live feedback is available from an instructor, independent study and computer-aided instruction.
(b) "Classroom instruction" does not include instruction through correspondence, non-interactive learning, credit for prior learning, cooperative education activities, practica, internships, externships, apprenticeships, portfolio review, departmental examinations, or challenge examinations.
(4) "Closed site" means a business, organization, educational entity, or government site that offers courses solely for its own employees.
(5) "Commission" means the Maryland Higher Education Commission.
(6) "Credit for prior learning" means credit granted toward the award of a certificate or degree for experiential learning that can be shown through various means of assessment to be the equivalent of learning gained through formal collegiate instruction.
(7) "Degree-granting institution" means an associate degree-granting institution or an institution offering baccalaureate or higher degrees.
(8) Distance Education.
(a) "Distance education" means course work for academic credit delivered by telecommunicated instruction to a physical space specifically reserved for the purpose of receiving the instruction, for example, a teleclassroom, and requires the payment of tuition or fees for the instruction.
(b) "Distance education" does not include telecommunicated instruction at the student's initiation via an individual personal computer.
(9) "Formal award" means a certificate or degree that is conferred by the faculty and ratified by the out-of-State institution's governing board in recognition of successful completion of the requirements of a program.
(10) "Full-time faculty member" means an employee:
(a) Whose primary professional responsibility is instruction, research, scholarship, or service;
(b) Who performs those functions normally expected of a full-time faculty member at an institution of higher education, including curriculum development, student advising, and institutional service;
(c) Who is employed on an annual or renewable contract of at least 9 months long that stipulates an annual salary; and
(d) Who is not employed full-time by another employer.
(11) "New degree" means a degree level not specified in an out-of-state institution's certificate of approval such as an associate level, bachelor's level, master's level, doctoral level, or first professional level.
(12) Operate in Maryland.
(a) "Operate in Maryland" means:
(i) 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 or a computer laboratory, or both, recruiting office, administrative office, or any other instructional space either through a lease or purchase of space;
(ii) The recurring use of space for instruction in Maryland provided by another educational entity or any organization, whether or not a lease or purchase occurs; or
(iii) The maintenance in Maryland by a nonaccredited out-of-State institution or organization of any ongoing administrative or instructional activity that purports to contribute to the granting of degrees or postsecondary certificates or course credits.
(b) "Operate in Maryland" does not include the noninstructional activities of an out-of-State institution which is accredited by an organization recognized as an accrediting agency by the U.S. Department of Education to grant institutional accreditation, that:
(i) Maintains in Maryland space for noninstructional purposes, such as recruiting, registration, or other administrative purposes;
(ii) Conducts periodic and temporary visits to Maryland for the purposes of student recruitment or contact with an institution's alumni; or
(iii) Maintains in Maryland a mailing address or a telephone answering or relay service, or advertises such a presence.
(c) "Operate in Maryland" does not include distance education that originates outside of Maryland.
(13) "Out-of-State institution" means a degree-granting institution whose primary campus exists outside of Maryland and the authority to grant degrees is conferred by another state.
(14) "Program" means a structured and coherent course of study with clearly defined objectives and intended student learning outcomes, requiring the completion of a specified number of course credits from among a prescribed group of courses, which leads to the award of a certificate or degree.
(15) "Regional higher education center" has the meaning stated in Education Article, §10-101(k), Annotated Code of Maryland.
(16) "Remedial education" means a course or series of courses or services, or both, designed to remedy deficiencies in preparation for college-level work, especially in reading, writing, mathematics, and study skills that cannot be applied to credit for a degree or certificate.
(17) "Secretary" means the Secretary of Higher Education.
(18) "Segment of higher education" means:
(a) The University System of Maryland;
(b) Morgan State University;
(c) St. Mary's College of Maryland;
(d) The Maryland community colleges;
(e) The Maryland Independent College and University Association; and
(f) The Maryland Association of Private Colleges and Career Schools.