(a)    (1)    A board of trustees may submit to the Commission a request for proposals for the offering of a baccalaureate degree program not currently offered in the region.

(2)    The Commission shall distribute the request for proposals to public senior higher education institutions and private nonprofit institutions of higher education.

(b)    Before submitting a request for proposals under subsection (a) of this section, the board of trustees shall:

(1)    Seek input from students, workforce development councils, and other civic, educational, community, and business groups when assessing the educational needs of the region;

(2)    Determine the regional or statewide need for graduates of each program for which a request for proposals is submitted;

(3)    Identify the enrollment patterns, special characteristics of students, and other unique circumstances that would require a program to be offered in a particular manner; and

(4)    Determine that the degree program is necessary to meet the academic and economic development needs of the region or State.

(c)    (1)    The board of trustees may submit the request for proposals to out–of–state senior higher education institutions and for–profit institutions of higher education if none of the senior higher education institutions in the State submit an acceptable response to the request for proposals submitted under subsection (a) of this section.

(2)    Notwithstanding § 11–206(b)(2)(ii) of this article, before offering a degree program that is the subject of the request for proposals, an out–of–state senior higher education institution or for–profit institution of higher education shall seek the approval of the Commission under Title 11, Subtitle 2 of this article.

(d)    The Commission shall adopt regulations to implement the requirements of this section.