Maryland Education Section 16-106

Article - Education

§ 16-106.

      (a)      Any full-time classified employee of a community college who enrolls, during his nonworking hours, in any class at the community college that has at least ten regularly enrolled students:

            (1)      Is exempt from payment of tuition; and

            (2)      May not be counted in computing full-time equivalent enrollment at the community college under § 16-305 of this title.

      (b)      (1)      (i)      In this subsection, "tuition" means the basic instructional charge for courses offered at a community college.

                  (ii)      "Tuition" does not include:

                        1.      Any fees or costs associated with a self-supporting program; or

                        2.      Any fees for:

                        A.      Registration;

                        B.      Application;

                        C.      Administration; or

                        D.      Laboratory work.

            (2)      Except as provided in paragraph (3) of this subsection, any resident of this State who is 60 years old or older and who enrolls in any class, which is eligible under § 16-305 of this title for State support, at the community college:

                  (i)      Shall be exempt from payment of tuition; and

                  (ii)      Shall be counted in computing full-time equivalent enrollment under § 16-305 of this title if enrolled in any class that is eligible for State support.

            (3)      A community college is required to waive the tuition for a course for senior citizens under this subsection only when course space is available.

            (4)      This subsection may not be construed to prohibit a community college board of trustees from offering senior citizens other educational opportunities free of charge, provided that the senior citizen is not counted in computing full-time equivalent enrollment for the purpose of receiving State support.

      (c)      (1)      Any resident of this State who is retired from the work force by reason of total and permanent disability who enrolls at a community college in a class that has at least 10 regularly enrolled students:

                  (i)      Is exempt from payment of tuition; and

                  (ii)      Shall be counted in computing full-time equivalent enrollment under § 16-305 of this title.

            (2)      In order to receive this exemption, an individual who meets the requirements of paragraph (1) of this subsection shall obtain certification from the Social Security Administration or the Railroad Retirement Board that the individual receives disability or retirement benefits under the Social Security Act or the Railroad Retirement Act.

            (3)      In order to obtain this exemption, an individual who meets the requirements of paragraph (1) of this subsection, who was a federal employee, and who does not receive disability or retirement benefits under the Social Security Act or the Railroad Retirement Act shall obtain certification from the individual's federal retirement or pension authority of the employee's:

                  (i)      Total and permanent disability; and

                  (ii)      Receipt of disability benefits based on a standard that is at least as stringent as the standard applied by the Social Security Act.

      (d)      (1)      For purposes of this subsection, "displaced homemaker" is an individual who:

                  (i)      Is 30 years of age or older;

                  (ii)      Has worked for the family in the family home;

                  (iii)      Is not gainfully employed;

                  (iv)      Has had, or would have, difficulty finding employment;

                  (v)      1.      Has depended on the income of a family member and has lost that income as the result of separation, divorce, or the death or disability of that family member; or

                        2.      Has depended on government assistance as the parent of dependent children and is no longer eligible for such assistance; and

                  (vi)      Has an annual income that does not exceed:

                        1.      The federal Office of Management and Budget poverty income guidelines; or

                        2.      The United States Department of Labor, Bureau of Labor Statistics, 70 percent lower living standard income level.

            (2)      (i)      Any resident of this State who is a displaced homemaker and who enrolls in any class which is eligible under § 16-305 of this title for State support at the community college:

                        1.      Shall be exempt from payment of tuition; and

                        2.      Shall be counted in computing full-time equivalent enrollment under § 16-305 of this title if enrolled in any class that is eligible for State support.

                  (ii)      The exemption of tuition under this section is contingent on the availability of funds under the federal Workforce Investment Act.

            (3)      The Department of Labor, Licensing, and Regulation shall coordinate funds for this Displaced Homemakers Program according to the provisions of Title II of the federal Workforce Investment Act, with the funds to be provided by service delivery areas.

            (4)      The Secretary of Higher Education shall:

                  (i)      Allocate a minimum of 200 positions for the Displaced Homemakers Program among the community colleges of the State that are located in geographic areas that have been designated by the Governor as service delivery areas in accordance with Section 101 of the federal Workforce Investment Act; and

                  (ii)      Base the allocation of positions on the number of displaced homemakers in the service delivery area.

            (5)      Before January 1 of each year, the State Council for the Maryland Workforce Investment Act shall prepare a report on the Program for the General Assembly.



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