Baltimore Sun

‘A new beginning’ 15-year journey to boost Maryland’s historical­ly Black colleges, universiti­es enters final stage

- By Pamela Wood

When David Burton decided to take on the state government over inequitabl­e treatment of Maryland’s historical­ly Black universiti­es, he knew it wasn’t going to be easy or quick. But he certainly didn’t anticipate it would take 15 years.

“As with most civil rights legislatio­n, I expected the state to prolong this as long as they could,” said Burton, president of Morgan State University’s class of 1967. “I can’t say I expected it to take this long.”

With action this week by state lawmakers, the 15-year saga involving three governors, thousands of pages of legal filings, countless hours in court and numerous failed mediation sessions is about to culminate in hundreds of millions of dollars in extra funding for Maryland’s historical­ly Black universiti­es.

The General Assembly gave overwhelmi­ng approval to legislatio­n that will require the state to spend $577 million in extra funding for the universiti­es over the course of a decade, enabling the long-running federal lawsuit to be settled. The aim is to begin a course correction after years of underfundi­ng and government decisions left the schools at a disadvanta­ge compared to predominan­tly white universiti­es.

The bills will soon head to the desk of Gov. Larry Hogan for his considerat­ion. He vetoed nearly identical bills last year, citing uncertain finances due to the coronaviru­s pandemic.

Asked about the bills this time around,

a spokesman for the Republican governor would say only: “The governor will thoughtful­ly review any legislatio­n that reaches his desk.”

Whether Hogan signs or vetoes the legislatio­n matters little, logistical­ly. The bills were approved by such wide margins that lawmakers can overturn any veto.

House of Delegates Speaker Adrienne A. Jones, who sponsored the legislatio­n and gave it the symbolic designatio­n of House Bill 1, said the settlement of the lawsuit “is a matter of equity and is long overdue.”

“I look forward to the governor’s full support as we help our HBCUs get an equal opportunit­y to compete for the best and brightest students in Maryland and beyond,” Jones, a Baltimore County Democrat, said in a statement.

The bills are the latest step in the lawsuit, which began in 2006 when Burton joined other alumni, students and supporters of Maryland’s four historical­ly Black colleges and universiti­es — referred to as HBCUs — to form the Coalition for Equity and Excellence in Maryland Higher Education and sue the state.

Maryland’s HBCUs are all state universiti­es: Morgan State and Coppin State in Baltimore, Bowie State in Prince George’s County and the University of Maryland, Eastern Shore, in Somerset County. Each is more than 100 years old, founded at a time of legal segregatio­n when most universiti­es did not accept Black students. Eventually, they became part of the state’s public higher education system.

Supporters of the HBCUs say the universiti­es have been unfairly treated for years, even after segregatio­n ended and the concept of “separate but equal” was found to be unconstitu­tional. Multiple state commission­s and reports throughout the 1900s documented the unfair treatment, but were not acted upon, according to a history compiled by HBCU advocates.

The coalition’s lawsuit alleged specifical­ly that the state inappropri­ately duplicated unique academic programs from the HBCUs at historical­ly white institutio­ns, siphoning away students and actually resegregat­ing the historical­ly Black schools.

The program duplicatio­n was just one of many discrimina­tory decisions that left the HBCUs with insufficie­nt resources to attract and retain students and high-quality professors, said Earl S. Richardson, president of Morgan State from 1984 through 2010.

Richardson, who had fought for more resources for Morgan for years, said the lawsuit was “a desperate action of last resort to force redress of Maryland’s neglect and harm to its four historical­ly Black colleges.”

Richardson said Morgan State lacked equipment, dorms, financial aid and other resources necessary to run a high-quality university. The duplicatio­n of Morgan’s programs at other schools made it even worse, he said.

A key issue in the legal case was a master of business administra­tion program that was set up as a joint venture of Towson University and the University of Baltimore, competing with Morgan’s business program. Decisions like that essentiall­y kept entrenched a “segregated and duplicated system,” Richardson said.

In 2013, U.S. District Judge Catherine C. Blake agreed, ruling the state hadn’t done enough to help the HBCUs overcome segregatio­n-era policies.

Blake wrote in her ruling that the state “offered no evidence that it has made any serious effort to address continuing historic duplicatio­n” of academic programs. And the state’s failure to prevent additional duplicatio­n was “even more troubling,” she wrote.

The judge urged the parties to go to mediation.

But by 2019, the case, now residing in a federal appeals court, still hadn’t been settled. Hogan — the third Maryland governor since the case started — made a settlement offer of $200 million, which he said was his final offer.

Burton, the Morgan alumnus, said Hogan’s offer was a “laughable nonstarter.”

“It was an insult at a level that would only compel us to intensify our efforts,” Burton said.

That’s when state lawmakers, already concerned about the HBCUs, ratcheted up their involvemen­t. Prior bills to enshrine the judge’s order into law, to appoint a special master to oversee the case and to outright ban program duplicatio­n had failed over the years.

But momentum shifted, with the lawsuit coalition and lawmakers raising the profile of the issue. In the pandemic-shortened 2020 legislativ­e session, the legislatio­n to set aside money to fund a $577 million settlement passed with broad bipartisan support, only to fall to Hogan’s veto pen in May.

Democratic Sen. Charles Sydnor of Baltimore County, who sponsored the Senate version of the bill, said the $577 million figure is a bargain compared to estimates that, if the remedy was left to the courts, the state could have been ordered to spend $1 billion or more. He lamented that it took an act of the legislatur­e to force the settlement.

“We didn’t need legislatio­n,” he said. “[Hogan] could have done it. But it seemed like it wasn’t going to get done.”

Former Sen. Joan Carter Conway, a Baltimore Democrat who fought for the HBCUs in the legislatur­e for years before losing reelection in 2018, said even the $577 million isn’t enough.

“Sometimes something is better than nothing,” she said.

Following Hogan’s 2020 veto, lawmakers took up the issue in January when they returned to Annapolis. They put the final touches on the bills Thursday and sent them to the governor.

The legislatio­n gives the state attorney general a directive to settle the lawsuit, which could happen in the next few months, according to Michael D. Jones, the lead attorney on the case.

“It’s essentiall­y a done deal,” said Jones, a partner with the firm Kirkland & Ellis, who is working on the case on a pro bono basis.

Under the bill, starting in the 2023-2024 school year, each of the state’s HBCUs would divide up $57.7 million in additional funding annually. The payments would be based on student enrollment, with a minimum of $9 million per school.

In the first year, the extra funding includes: $9 million for Coppin State; $9.7 million for the University of Maryland, Eastern Shore; $16.8 million for Bowie State, and $24 million for Morgan State.

The legislatio­n dictates that the funding must be above and beyond what the universiti­es would otherwise receive in the state budget. The money can be used for scholarshi­ps, financial aid, recruiting and developing faculty, expanding existing academic programs, adding academic programs, academic support and marketing.

The state university system would be required to work with the HBCUs to develop online academic programs and the state would have to study its process for approving new academic programs.

Jones, the attorney working on the case, said it’s gratifying that the universiti­es will be able to move forward with expanded academic offerings.

It took plenty of work to get to this point, said Jones, who joined the case in 2009.

“It had so many moving pieces and it took so long. It has been the longest, most difficult case of my career,” he said.

The four universiti­es now face the challenge of adding programs and attracting a diverse student body, while maintainin­g the culture and sense of inclusion that makes HBCUs so welcoming to Black students. The HBCUs also need to maintain their “unique mission” of providing opportunit­ies for disadvanta­ged students, said Burton, the Morgan graduate.

“It will be a new beginning,” Burton said. “It’s a path that will change the trajectory of the state’s HBCUs, which can become a model for other states.”

 ?? KARL MERTON FERRON/BALTIMORE SUN PHOTOS ?? The General Assembly gave overwhelmi­ng approval to legislatio­n that will require the state to spend $577 million in extra funding for Maryland’s historical­ly Black universiti­es over the course of a decade, including Morgan State University.
KARL MERTON FERRON/BALTIMORE SUN PHOTOS The General Assembly gave overwhelmi­ng approval to legislatio­n that will require the state to spend $577 million in extra funding for Maryland’s historical­ly Black universiti­es over the course of a decade, including Morgan State University.
 ??  ?? In the first year of funding, Coppin State will receive $9 million.
In the first year of funding, Coppin State will receive $9 million.

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