(a) The Maryland Higher Education Commission shall determine which institutions are eligible for aid under this subtitle.
(b) To qualify for State aid under this subtitle, an institution of higher education shall:
(1) Be:
(i) A nonprofit private college or university that was established in the State before July 1, 1970;
(ii) A nonprofit private institution of higher education that formerly received State aid as a component of a private college or university that was established in this State before July 1, 1970; or
(iii) A private nonprofit institution of higher education that is established in this State and grants an associate of arts degree;
(2) Be approved by the Maryland Higher Education Commission;
(3) Be accredited by the Commission on Higher Education of the Middle States Association of Colleges and Schools;
(4) Have awarded the associate of arts or baccalaureate degrees to at least one graduating class;
(5) Maintain one or more earned degree programs, other than seminarian or theological programs, leading to an associate of arts or baccalaureate degree; and
(6) Submit each new program and each major modification of an existing program to the Maryland Higher Education Commission for its review and recommendation as to the initiation of the new or modified program.