A thirteen year-long legal battle between Maryland’s Historically Black Colleges and Universities (HBCU) and the Maryland Higher Education Commission (MHEC) may soon come to an end.[1] For years, HBCU have categorically received less resources than their counterparts, Traditionally White Colleges (TWI).[2] Also, TWI’s have continued to unnecessarily duplicate unique programs only offered at HBCUs.[3] The passage of Bill 1260 Historically Black Colleges and Universities – Funding signals a victory for both parties to the litigation.[4] House Speaker, Adrienne A. Jones, the first African American to serve as the speaker of the House, sponsored and introduced the bill to settle the lawsuit through the legislator.[5]
In 2013, HBCU’s in Maryland bought suit against MHEC alleging the state violated the 14th Amendment and Title VI of the Civil Rights Act.[6] In Coalition for Equity and Excellence in Maryland Higher Education v. Maryland Higher Education Commission, Federal District Court Judge Catherine Blake, concluded, “this case is not about institutions but about the constitutional right of students to attend any public college or university for which they are qualified without being required to accept racial segregation at that institution.”[7]
The federal district court found in favor of HBCU’s on claims of segregative de jure practices in Maryland higher education such as unnecessary program duplication.[8] However, the court did not prescribe a remedy to dismantle the formidable segregative practices in Maryland.[9]
The Coalition for Equity and Excellence in Maryland Higher Education (“Coalition”) squared off against TWIs in Maryland after the state refused to end de jure segregation practices such as unnecessary program duplication and policies in higher education.[10] The Coalition argued that Maryland failed to properly desegregate higher education and the Commission failed to carry out its duties.[11] The court ordered the parties to reach a resolution, and after an extension the parties were still unable to reach an mutual agreement.[12]
On March 15, 2020, the Maryland General Assembly passed legislation that would grant funding specifically to Maryland HBCUs as remedy.[13] The bill would provide approximately $580 million dollars over a ten-year period to each HBCU in Maryland which include Bowie State University, Coppin State University, Morgan State University, and University of Maryland at Eastern Shore.[14] Specifically, the funding is for HBCU’s to improve their facilities, enhance program offerings, and marketing efforts.[15]
Bill 1260 signifies a momentous moment in Maryland’s history. De jure practices in higher education have had deep roots in Maryland, and finally theses practices have been uprooted and a remedy has been awarded to the victims, HBCUs. With these additional funds HBCU’s long-term goals of diverse student bodies and modern facilities can be achieved. The additional resources will enable HBCUs to raise their profiles and pedigree. However, it is still unclear whether the funds will be able to undo the past harms inflicted upon HBCUs due to Maryland’s formidable de jure practices. Now HBCU’s have the opportunity to write a new narrative for themselves with additional resources and support from Maryland.
Parker Imani Payne is a second-year evening student at the University of Baltimore School of Law, where she serves as a staff editor for the Law Forum and a scholar of the Royal Graham Shannonhouse III Honor Society and Fannie Angelos Scholars Program for Academic Excellence. Since 2017, Parker has served as a civil servant at the Department of Defense in the area of government contracts. Also, she is the Law Scholar for Professor Charles Tiefer’s contract law II class. This summer she will continue her career in acquisition with the Headquarters Air Force District of Washington.
[1] Danielle Douglas, Maryland General Assembly authorizes $580 million for state’s historically black colleges and universities, the wash. post (Mar. 16, 2020, 08:18 PM), https://www.washingtonpost.com/education/2020/03/16/maryland-general-assembly-authorizes-580-million-states-historically-black-colleges-universities/
[2] Coal. for Equity & Excellence in Md. Higher Educ. v. Md. Higher Educ. Comm’n, 977 F.Supp.2d 507, 529–35 (D. Md. 2013).
[3] Coal. for Equity & Excellence in Maryland Higher Educ. v. Maryland Higher Educ. Comm’n, 295 F. Supp. 3d 540, 547 (D. Md. 2017).
[4] Id.
[5] Id.
[6] Md. Higher Educ. Comm’n, 977 F. Supp. 2d at 512.
[7] Id. at 547.
[8] Douglas, supra.
[9] Md. Higher Educ. Comm’n, 977 F. Supp. 2d at 544.
[10] Id. at 510-11.
[11] Id. at 511-12.
[12] Md. Higher Educ. Comm’n, 977 F. Supp. 2d at 513; LaMont Jones, HBCU Lawsuit in Maryland: Mediation Fails Again, Diverse: Issues in Higher Education, Diverse Education (Mar. 16, 2020, 11:35 PM), https://diverseeducation.com/article/151212/.
[13] Douglas, supra.
[14] Id.
[15] Id.
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