SB 886
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader
Senate Bill 886 (Senator Elfreth)
Education, Health, and Environmental Affairs Appropriations
Transfer With Success Act
This bill requires the Maryland Higher Education Commission (MHEC) to require a
receiving public institution of higher education that denies the transfer of a credit or course
to an enrolled student to notify the sending public institution and the enrolled student, as
specified, including the rationale for the denial. The transfer coordinator or institutional
designee of the sending institution must conduct a review, in conjunction with the receiving
institution’s designee, within a time period MHEC determines to be appropriate.
Each public institution of higher education must submit an annual report to MHEC listing
any denials of transfer of a credit or a course and the reasons for the denials. The bill takes
effect July 1, 2021.
Fiscal Summary
State Effect: Based on one set of assumptions, public four-year higher education revenues
and expenditures are not materially affected. Based on further assumptions, Baltimore City
Community College (BCCC) revenues and expenditures are not materially affected.
However, higher education operations are affected, as explained below. To the extent
BCCC is required to make changes to courses, BCCC expenditures increase, potentially
significantly.
Local Effect: Based on one set of assumptions, local community college revenues and
expenditures are not materially affected. However, local community college operations are
affected, as explained below. To the extent local community colleges are required to make
changes to courses, local community college expenditures increase, potentially
significantly.
Small Business Effect: None.
Analysis
Current Law:
Statute – Transfer Requirements
MHEC must establish procedures for the transfer of students between public segments of
postsecondary education. MHEC must recommend cooperative programs among segments
of postsecondary education to assure appropriate flexibility in the higher education system.
In conjunction with the governing boards of institutions, MHEC must establish standards
for articulation agreements.
MHEC, in collaboration with the public institutions of higher education, was required to
develop and implement, by July 1, 2016, a statewide transfer agreement whereby at least
60 credits of general education, elective, and major courses that a student earns at any
community college in the State toward an associate of arts or associate of science degree
must be transferable to any public four-year higher education institution in the State for
credit toward a bachelor’s degree.
In addition, MHEC, in collaboration with the public institutions of higher education, was
required to develop and implement, by July 1, 2016, a statewide reverse transfer agreement
whereby at least 30 credits that a student earns at any public four-year institution in the
State toward a bachelor’s degree are transferable to any community college in the State for
credit toward an associate’s degree.
Regulations – Transfer of Courses and Credits
The Code of Maryland Regulations establishes detailed transfer requirements that specify
which types of credits and courses must transfer. In general, credit earned at any public
institution in the State is transferable to any other public institution if (1) the credit is from
a college or university parallel course or program; (2) grades in the block of courses
transferred averaged 2.0 or higher; and (3) acceptance of the credit is consistent with the
policies of the receiving institution governing native students following the same program.
In addition, community college courses taken as part of a recommended transfer program
degree must be applicable to related programs at the receiving public institution granting
the degree if successfully completed in accordance with the receiving institution’s policies
governing native students in the same program.
In general, a completed general education program must transfer (as lower-division credits)
without further review or approval by the receiving institution and without the need for a
course-by-course match. The assignment of credit through a nationally recognized
standardized exam such as the Advanced Placement (known as AP) exam must be
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determined according to the same standards that apply to native students in the receiving
institution and consistent with the State minimum requirements. Other nontraditional
credit, such as technical courses from career programs, must be evaluated on a
course-by-course basis according to the same standards that apply to native students.
Regulations – Student Transfer Responsibilities
According to regulations, a student is held accountable for the loss of credits that (1) result
from changes in the student’s selection of the major program of study; (2) were earned for
remedial course work; or (3) exceed the total course credits accepted in transfer. A student
is also responsible for meeting all requirements of the academic program of the receiving
institution.
Regulations – General Education Courses Transfer Mediation Committee
According to regulations, sending and receiving institutions that disagree on the
transferability of general education courses must submit their disagreements to the
Secretary of Higher Education, who must appoint a Transfer Mediation Committee to
adjudicate the disagreement. Members appointed to the committee must be representative
of the public four-year colleges and universities and the community colleges. The
committee must address general education issues at the course or curricular level, not
individual student cases. As appropriate, the committee must consult with faculty on
curricular issues. The findings of the committee are considered binding on both parties.
Regulations – Denial of Credit
According to regulations, the receiving institution must inform the student of the denial in
writing no later than the middle of the student’s first semester at the institution, and must
additionally inform the student of their right to appeal the decision. If the student exercises
their right to appeal, the institution must respond within 10 working days, and their decision
must be conveyed to the student in writing and be consistent with the applicable
regulations. If the appeal is denied, the student may, within 10 working days, request that
the transfer coordinator of their sending institution intercede on their behalf.
Representatives of both institutions must affirm, modify, or reverse the initial decision
within 15 working days of the request. This decision is final and must be conveyed to the
student in writing.
Regulations – Transfer Coordinator
A public institution of higher education must designate a transfer coordinator, who serves
as a resource person to transfer students at either the sending or receiving campus. The
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transfer coordinator is responsible for overseeing the application of the policies and
procedures and interpreting transfer policies to the individual student and to the institution.
Student Transfer Advisory Committee
The Student Transfer Advisory Committee (STAC) was codified in statute by
Chapter 327 of 2012 for a 10-year period; thus, it terminates June 30, 2022. According to
regulations, MHEC must establish a permanent STAC. STAC is expected to review and
analyze (1) matriculation and student support services, including admission and advising
practices and (2) any other student transfer-related issues referred to it by MHEC. STAC
is required to report by December 1 in odd-numbered years.
State Fiscal Effect: Based on one set of assumptions, higher education expenditures and
revenues are not materially affected. Specifically, the following assumptions were used in
making this determination.
The bill only applies to transfers between community colleges and public four-year
institutions in the State. Public four-year institutions are the receiving institutions
and public two-year institutions are the sending institutions, as current law refers
to transfer between the public segments of higher education.
Notification by the receiving institution for denial of transfer to an enrolled student
can be done with existing resources within the normal communication with the
student.
Notification by the receiving institution for denial of transfer to the sending
institution and a review must be done only once for each course and not for
each student who has taken the course.
It is sufficient, in most cases, for the coordinator at the receiving institution to send
an email with a list of courses denied transfer with the rationale for denial to the
coordinator at the sending institution.
The rationale for denial can be as simple as stating that the course fits into a set
nontransferable category. For example, denial categories could include
technical/vocational, unacceptable grade, remedial course, personal skills course,
and does not meet gateway requirements.
For cases that require a more extensive review to discover the reason for denial of
transfer, it is assumed that MHEC will allow the reviews to occur in a time period
that allows for the use of existing resources at both the sending and receiving
institutions.
To the extent that these assumptions are not realized, public four-year higher education
expenditures increase, potentially significantly for computer programming costs and
personnel.
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MHEC can coordinate the reporting requirements and any changes to regulations using
existing resources. However, to provide any broader guidance to institutions and students
regarding transfer issues would require additional staff.
Based on further assumptions, BCCC expenditures and revenues are not materially
affected. The following assumptions were used in making this determination.
All of the assumptions listed above for public four-year institutions are followed.
Only one internal review per course is required.
Reviews can simply find that the reason for the denial given by the receiving
institution is correct.
Changes to the courses denied for transfer are not required.
To the extent that these assumptions are not realized, BCCC higher education expenditures
increase, potentially significantly, for computer programing costs and personnel.
Local Fiscal Effect: Based on the assumptions explained above, local community college
revenues and expenditures are not materially affected. However, to the extent local
community colleges are required to make changes to courses, local community college
expenditures increase, potentially significantly. Any such costs cannot be reliably
estimated.
Additional Information
Prior Introductions: HB 1082 of 2020, a similar bill as amended, passed the House and
was referred to the Senate Education, Health, and Environmental Affairs Committee, but
no further action was taken.
Designated Cross File: HB 460 (Delegate Solomon) - Appropriations.
Information Source(s): Maryland Higher Education Commission; Baltimore City
Community College; University System of Maryland; Morgan State University; St. Mary’s
College of Maryland; Department of Legislative Services
Fiscal Note History: First Reader - February 19, 2021
rh/rhh Third Reader - March 29, 2021
Analysis by: Caroline L. Boice Direct Inquiries to:
(410) 946-5510
(301) 970-5510
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Statutes affected: Text - First - Transfer With Success Act: 11-207 Education
Text - Third - Transfer With Success Act: 11-207 Education