Maryland HBCUs sue the state / *After 15 years, settled /*still duplication of programs

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They brought the case in 2006.
=======
video from 2017 explains more about the case


=====
article from today details the most recent development.
September 6, 2019

Court-Ordered Mediation In Maryland HBCU Case Ends Without Agreement
Posted on Sep 4 2019 - 7:27am by Seattle Medium
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Morgan State University / Morgan State University News Service

By Stacy M. Brown
NNPA Correspondent

Court-ordered mediation of a 13-year old case brought by a coalition of historically black colleges and universities (HBCUs) has ended without a resolution.

The passing of the deadline without a deal has further frustrated efforts for fair funding that the coalition is seeking to help level the playing field with non-black institutions in Maryland.

The U.S. Fourth Circuit Court of Appeals had imposed a July 31 deadline for the Coalition for Equity and Excellence in Maryland Higher Education to settle the case with the state.

“There was no resolution,” said Jon Greenbaum, the chief counsel for the Lawyers’ Committee for Civil Rights, which represents the coalition of HBCUs, which includes the universities of Coppin State, Morgan State, Bowie State, and Maryland Eastern Shore.

The case was initially filed in 2006 when the coalition alleged the state practiced discrimination against its HBCUs by deliberately underfunding the universities and by allowing traditional state schools to continue to create new degree programs that were duplicative of those at the historically black institutions.

The coalition also argue that the state’s actions have placed pressure on enrollment at HBCUs.

They have demanded increased funding and, to achieve parity, they’ve asked the state to merge the University of Baltimore with Morgan State, which is Maryland’s largest public historically black university.

In 2013, Judge Catherine Blake of the U.S. District Court of Maryland, found the state in violation of the 14th Amendment rights of its HBCU students and alumni.

Her ruling said Maryland continues to “operate vestiges of a de jure system of segregation,” specifically by continuing a longstanding practice of duplicating academic programs offered at HBCU’s, rather than investing in making the HBCU programs attractive to a diverse range of students.

In 2017, after initial failed mediation between HBCU advocates and the state of Maryland, Blake ordered parties back into court.

Blake then ordered the state to remedy the lack of investment in Maryland’s HBCUs, and mandated that Maryland officials establish a set of new, unique and high-demand programs at each HBCU.

“The Plan should propose a set of new unique and/or high demand programs at each HBI, taking into account each HBI’s areas of strength, physical building capacity and the programmatic niches suggested by the plaintiff’s experts,” Blake wrote in a November 2017 ruling.

In January 2019, the court again ordered mediation between the parties and set the July 31 deadline for the parties to resolve the dispute.

“The HBCU coalition leading the lawsuit on behalf our HBCUs is doing a great service for our institutions,” Deborah Powell-Hayman, the president of the UMES National Alumni, said in an earlier interview with NNPA Newswire.

“This case holds more promise than anything I know, for getting the number and mix of academic programs, facilities and funding to make our alma mater as competitive as traditionally white institutions in attracting quality students, faculty and staff and federal grants and contracts,” she said.

The Maryland Attorney General’s Office has declined to comment.

“What we’re hoping for is that this case can get resolved not too long from now and that the HBCUs will be in a more competitive place,” Greenbaum told Maryland Matters, a website that focuses on Maryland government
 

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Coalition of Maryland HBCUs seeks $577 million to drop lawsuit, avoid ‘litigating for the next 10 years’

Baltimore Sun |
Sep 10, 2019 | 6:29 PM

PHMZYPJZVZGPJKB2FXWPE45FEA.jpg


Coppin State University in Baltimore is one of four historically black colleges and universities in Maryland that stands to benefit if a coalition of advocates working on their behalf and Gov. Larry Hogan's administration can reach a financial settlement to a court case that has dragged on for years.



A coalition advocating for Maryland’s four historically black universities sent a letter to elected officials Tuesday offering to settle its 13-year-old lawsuit against the state for $577 million — more than five times the governor’s last public offer.

That figure is less than Mississippi paid in a similar lawsuit, when accounting for inflation, coalition attorney Mike Jones said. In 2002, Mississippi paid more than $500 million to settle its landmark Ayers case, which successfully argued the state had denied black residents equal education opportunities by discriminating against its three HBCUs.

Advocates call Maryland’s drawn-out legal battle the most important higher education desegregation case in decades. It hinges on the claim that state’s university system long fostered segregation by allowing well-funded academic programs at traditionally white universities to undermine similar ones at Morgan State University and Coppin State University in Baltimore, Bowie State University and the University of Maryland, Eastern Shore.

Despite a 2013 court decision finding that Maryland’s actions indeed perpetuated segregation — and a 4th U.S. Circuit Court of Appeals ruling that stated the case “can and should be settled” — the two sides have struggled to reach a remedy. The latest round of court-ordered mediation ended in July, without a resolution.

Related: Mediation fails again in case seeking to force Maryland to better fund and strengthen HBCU programs »
The coalition sent a letter Tuesday to members of the Maryland General Assembly and the state’s congressional delegation, proposing the state pay $577 million, “spread over a reasonable time period."

“Hopefully, this will start up the discussion again,” Jones said.

If the parties can’t reach an agreement, the case’s future lies with the federal appeals court.

Del. Darryl Barnes, chairman of the Legislative Black Caucus, called the coalition’s proposal both “doable” and “fair.”

Related: Hogan willing to spend $100 million to settle HBCU lawsuit »
The Prince George’s County Democrat says he will ask members of his caucus, the state Senate president, state House speaker and representatives from the governor’s office to gather and “figure out how we’re going to come to this number and settle it."

The coalition of HBCU advocates believe past offers to be insufficient, saying it would take several hundred million dollars to make substantial change.

The money would enable HBCUs to develop unique, in-demand academic programs at each of the four HBCUs and to hire quality faculty members to run those programs. Only then, lawyers argue, will these schools be able to fairly compete with traditionally white schools and attract students of all races. In addition, the letter states, the money would be devoted to providing more scholarships and ramping up marketing efforts “to offset the state’s decades of stigmatization of the HBCUs.”

“Now is the time to bring justice to Maryland’s black colleges,” Jones wrote.

Gov. Larry Hogan, a Republican, indicated last year he’s open to spending up to $100 million over a 10-year period to settle the lawsuit.

Robert Scholz, the governor’s legal counsel, wrote in a February 2018 letter to the Legislative Black Caucus that that offer represented “a serious, multiyear commitment which we believes goes well beyond what the law requires.”

“Governor Hogan wants to bring this litigation to an end in a manner satisfactory to all parties, and in the best interests of all Marylanders, especially current and future HBI students," Scholz wrote.

Any other offers from the state would have been made during confidential mediation sessions.

"We negotiated in good faith, making a generous offer and dramatically increasing that offer,” Hogan spokesman Michael Ricci said in a statement, noting that the governor has dedicated $1.15 billion in funding toward Maryland HBCUs.

A panel of 4th Circuit judges determined earlier this year the case ought to be settled. If not, they wrote, “the parties will likely condemn themselves to endless years of acrimonious, divisive and expensive litigation that will only work to the detriment of higher education in Maryland.”

That’s part of why Jones said his firm wanted to send Tuesday’s letter. He hopes to bring discussions out into the open, and propel the debate forward publicly.

“Litigating for the next 10 years is not in the schools’ interests,” Jones said. “It’s in their interests to get the resources and programs that can make a difference
 

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https://www.washingtonpost.com/?tid=nb_home-page
Maryland House Speaker Jones pushes bill to force settlement of HBCU lawsuit

imrs.php

Maryland House Speaker Adrienne A. Jones (D-Baltimore County) is introducing a bill aimed at ending a lawsuit between the state and its historically black colleges and universities. (Julio Cortez/AP)
By
Ovetta Wiggins
Feb. 7, 2020 at 6:00 a.m. EST
Maryland House Speaker Adrienne A. Jones is introducing a bill aimed at ending a protracted legal battle between the state and its historically black colleges and universities, attempting to exert political muscle to force a settlement.

The Maryland Legislative Black Caucus has pushed for years for Gov. Larry Hogan (R) and his predecessors to end the 13-year-old lawsuit over inequitable funding at Morgan State University, Coppin State University, Bowie State University and the University of Maryland Eastern Shore.

A coalition of college graduates filed a lawsuit in 2006, alleging that the state caused damage to the HBCUs’ enrollment by letting other state colleges duplicate programs that once attracted a diverse student body to the historically black institutions.

“The issue of program duplication has lingered for far too long and is a blemish on our state’s strong system of higher education,” Jones (D-Baltimore County) said in a statement.

The bill, which was not available for review Thursday, would require Hogan to spend $580 million over 10 years on the four colleges and universities. The Coalition for Equity and Excellence in Maryland Higher Education, which includes alumni from the HBCUs, had proposed a $577 million settlement to lawmakers last year.

The proposed funding in Jones’s bill is almost three times as much as Hogan has offered to settle the lawsuit. An attorney for the governor said the $200 million counter offer, which was substantially more than his predecessor made, was a final offer. The black caucus called the offer low ball.

Jones’s legislation is the latest attempt to force a settlement. Earlier this year, advocates for the colleges, including black churches and fraternities and sororities, launched a public campaign to draw attention to the lawsuit.

Jones is the first African American to serve as Maryland House speaker.
 

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Md. Lawmakers Pressed to Fully Fund HBCUs
February 25, 2020
image-130.jpg

Dozens pack the House Appropriations Committee room in Annapolis on Feb. 25 to testify and show support of legislation that proposes to include $57.7 million annually to Maryland's four historically Black colleges and universities. (William J. Ford/The Washington Informer)


ANNAPOLIS – Kayla Moore testified Tuesday in Annapolis on how she participated in an exchange program while at Coppin State University in Baltimore with students at Frostburg State University.

Moore recalled that the state distributed more money to Frostburg to deal with pregnancy and opioid challenges in their respective communities.

“Our state is struggling to fill our schools with qualified, diverse educators, but we will never meet this need if we continue to essentially divest from our four [historically Black colleges and universities],” said Moore, 23, a second grade teacher at University Park Elementary in Prince George’s County. “Doing so poses a negative impact on graduating high school seniors who want to be educators in Maryland, ultimately stunting the recruitment of diverse educators from our state, for our state.”

Moore joined dozens of other alumni, students and other supporters to tell the House Appropriations Committee to fund Maryland’s four historically Black colleges and universities (HBCUs). Specifically, the group called for the committee to recommend legislation sponsored by House Speaker Adrienne Jones for the governor to include $57.7 million in the state’s operating budget beginning in fiscal 2022 for the state’s HBCUs.

image-132.jpg

LaTasha Ward of Prince George’s County shows off her Bowie State University sweatshirt after a Feb. 25 public hearing in Annapolis on a proposed bill to help fund Maryland’s four historically Black colleges and universities. (William J. Ford/The Washington Informer)


Before testimony continued at the hearing, Del. Maggie McIntosh (D-Baltimore City), who chairs the Appropriations Committee, praised Moore.

“You are an example of what we want to move toward in Maryland,” she said to rousing applause.

The bill is one of the top priorities of the Legislative Black Caucus of Maryland, which seeks to end the ongoing 13-year HBCU lawsuit.


The money would be designated this way: $24 million for Morgan State University, $16.7 million for Bowie State University, $9.6 million for the University of Maryland Eastern Shore and $7.2 million for Coppin State University.


According to the bill, money would be used to pay for scholarships and support services, recruit faculty, expand existing programs and implement new ones, academic support and marketing.

The bill also requires the state Higher Education Commission, a defendant in the suit, to study and review its current policies and practices “with respect to academic program review.” A report would be issued to the governor, Jones and Senate President Bill Ferguson by Dec. 1.

The bill was partly spurred by a court decision ruling that the state failed to eliminate a “policy of unnecessary duplication of programs at historically Black colleges and universities in the state that has exacerbated the racial identifiability of Maryland’s [HBCUs].”

The annual amount would continue through until 2030 and is estimated to equal $577 million, a settlement figure agreed to by the plaintiffs, Maryland HBCUs Matters Coalition, alumni and other advocates in the suit.

Gov. Larry Hogan offered to settle for $200 million, which the Black Caucus called “unacceptable.”

image-131.jpg

Semaj Fielding (left) and Ewa Okulate, who attend the University of Maryland Eastern Shore, traveled to Annapolis on Feb. 25 to support legislation that would budget an estimated $57.7 million for the state’s four historically Black colleges and universities. (William J. Ford/The Washington Informer)


Ewa Okulate, 20, who attends the University of Maryland Eastern Shore, agreed.

“As we see with our other counterparts, we do not receive as much funding and we’re here to say, ‘That’s not OK,'” said the 20-year-old senior, who is double-majoring in English and marketing. “We need to fund for our first-generation students and people who need more opportunities at HBCUs.”

Inside the packed hearing room, a few people offered support of the bill with a few amendments.

One of them would be to ensure each school receives at least $10 million annually. The legislation proposes the two smaller schools, Coppin State and Eastern Shore, receive less at $7.2 million and $9.6 million, respectively.

Michael D. Jones, an attorney with Kirkland Ellis and lead counsel for the plaintiffs, said each school should be allowed to hire its own consultant. The bill calls for a consultant to assist the institutions “as a collective with programmatic development.”

If the bill gets approved with the amendments, Jones said his clients would dismiss the suit.

He still thanked the legislators for being “on the verge of making history.”
 

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These Republicans waste no time trying to refund HBCUs :snoop:
 

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Separate but related story. HBCU presidents from MD met with their congressional delegation to discuss FEDERAL money.



March 4, 2020

Congressman John Sarbanes (D-Md.) today joined U.S. Senators Ben Cardin and Chris Van Hollen, along with Congressmen Steny H. Hoyer and David Trone (all D-Md.), for a roundtable discussion about public education with the presidents of Maryland’s four Historically Black Colleges and Universities (HBCUs).

Participating in the roundtable were Morgan State University President Dr. David Wilson, Bowie State University President Dr. Aminta Breaux, University of Maryland Eastern Shore President Dr. Heidi Anderson and Coppin State University incoming President Anthony Jenkins. The meeting focused on the unique role of HBCUs and their collective mission of educating Maryland students. The Maryland lawmakers highlighted their ongoing work and support for these leading institutions of higher education.


 

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Md. Lawmakers Pressed to Fully Fund HBCUs
February 25, 2020
image-130.jpg

Dozens pack the House Appropriations Committee room in Annapolis on Feb. 25 to testify and show support of legislation that proposes to include $57.7 million annually to Maryland's four historically Black colleges and universities. (William J. Ford/The Washington Informer)


ANNAPOLIS – Kayla Moore testified Tuesday in Annapolis on how she participated in an exchange program while at Coppin State University in Baltimore with students at Frostburg State University.

Moore recalled that the state distributed more money to Frostburg to deal with pregnancy and opioid challenges in their respective communities.

“Our state is struggling to fill our schools with qualified, diverse educators, but we will never meet this need if we continue to essentially divest from our four [historically Black colleges and universities],” said Moore, 23, a second grade teacher at University Park Elementary in Prince George’s County. “Doing so poses a negative impact on graduating high school seniors who want to be educators in Maryland, ultimately stunting the recruitment of diverse educators from our state, for our state.”

Moore joined dozens of other alumni, students and other supporters to tell the House Appropriations Committee to fund Maryland’s four historically Black colleges and universities (HBCUs). Specifically, the group called for the committee to recommend legislation sponsored by House Speaker Adrienne Jones for the governor to include $57.7 million in the state’s operating budget beginning in fiscal 2022 for the state’s HBCUs.

image-132.jpg

LaTasha Ward of Prince George’s County shows off her Bowie State University sweatshirt after a Feb. 25 public hearing in Annapolis on a proposed bill to help fund Maryland’s four historically Black colleges and universities. (William J. Ford/The Washington Informer)


Before testimony continued at the hearing, Del. Maggie McIntosh (D-Baltimore City), who chairs the Appropriations Committee, praised Moore.

“You are an example of what we want to move toward in Maryland,” she said to rousing applause.

The bill is one of the top priorities of the Legislative Black Caucus of Maryland, which seeks to end the ongoing 13-year HBCU lawsuit.


The money would be designated this way: $24 million for Morgan State University, $16.7 million for Bowie State University, $9.6 million for the University of Maryland Eastern Shore and $7.2 million for Coppin State University.


According to the bill, money would be used to pay for scholarships and support services, recruit faculty, expand existing programs and implement new ones, academic support and marketing.

The bill also requires the state Higher Education Commission, a defendant in the suit, to study and review its current policies and practices “with respect to academic program review.” A report would be issued to the governor, Jones and Senate President Bill Ferguson by Dec. 1.

The bill was partly spurred by a court decision ruling that the state failed to eliminate a “policy of unnecessary duplication of programs at historically Black colleges and universities in the state that has exacerbated the racial identifiability of Maryland’s [HBCUs].”

The annual amount would continue through until 2030 and is estimated to equal $577 million, a settlement figure agreed to by the plaintiffs, Maryland HBCUs Matters Coalition, alumni and other advocates in the suit.

Gov. Larry Hogan offered to settle for $200 million, which the Black Caucus called “unacceptable.”

image-131.jpg

Semaj Fielding (left) and Ewa Okulate, who attend the University of Maryland Eastern Shore, traveled to Annapolis on Feb. 25 to support legislation that would budget an estimated $57.7 million for the state’s four historically Black colleges and universities. (William J. Ford/The Washington Informer)


Ewa Okulate, 20, who attends the University of Maryland Eastern Shore, agreed.

“As we see with our other counterparts, we do not receive as much funding and we’re here to say, ‘That’s not OK,'” said the 20-year-old senior, who is double-majoring in English and marketing. “We need to fund for our first-generation students and people who need more opportunities at HBCUs.”

Inside the packed hearing room, a few people offered support of the bill with a few amendments.

One of them would be to ensure each school receives at least $10 million annually. The legislation proposes the two smaller schools, Coppin State and Eastern Shore, receive less at $7.2 million and $9.6 million, respectively.

Michael D. Jones, an attorney with Kirkland Ellis and lead counsel for the plaintiffs, said each school should be allowed to hire its own consultant. The bill calls for a consultant to assist the institutions “as a collective with programmatic development.”

If the bill gets approved with the amendments, Jones said his clients would dismiss the suit.

He still thanked the legislators for being “on the verge of making history.”

I’m a personal close acquaintance of Semaj. Glad she was able to represent for our school :salute: If I wasn’t at the Homecoming around that time, I would’ve loved to have joined the UMES delegation.
 

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Maryland General Assembly authorizes $580 million for state’s historically black colleges and universities
imrs.php

The Maryland General Assembly passed legislation to provide the state's historically black colleges and universities $580 million over 10 years in an effort to end a 13-year-old lawsuit. (Jonathan Newton/The Washington Post)


March 16, 2020

The Maryland General Assembly has approved legislation providing $580 million over 10 years to the state’s four historically black colleges and universities, a major step toward ending a 13-year-old lawsuit over inequitable funding of the schools.

In a unanimous vote Sunday, the state Senate passed the bill, which had cleared the House of Delegates by a 129-to-2 vote. The legislation would fund scholarships, faculty, academic programs and marketing at Morgan State University, Coppin State University, Bowie State University and the University of Maryland Eastern Shore.

Funding is contingent on the state finalizing an agreement with the Coalition for Equity and Excellence in Maryland Higher Education, a group of alumni from the historically black institutions.

“The HBCU case has been an ongoing issue and underscored the marked inequity that exists in our higher education system,” House Speaker Adrienne A. Jones (D-Baltimore County), who introduced the bill, said Monday in a statement. “We have taken the necessary action to eliminate the vestiges of program duplication and level the playing field for all students.”


The bill heads to Gov. Larry Hogan (R) for signing.

Michael Ricci, a spokesman for the governor, said Hogan will consider the measure when it reaches his desk.

Hogan and his predecessors have been at odds with the Legislative Black Caucus of Maryland over the protracted legal battle. Jones exerted political muscle to force a settlement, as negotiations between the state and the coalition stalled after several failed rounds of court-ordered mediation.

In September, the coalition sought to resolve the case with a $577 million settlement. An attorney for Hogan countered with what he described as a final offer of $200 million, which would be divided over 10 years among the four schools.

Lawmakers derided Hogan’s proposal as a lowball offer. They said it was far less than the $1 billion estimate of what it would cost to bring parity to the state’s historically black institutions. The alumni coalition asked for less than Mississippi paid — when accounting for inflation — in a similar case that was settled for more than $500 million in 2002, lawmakers said.


Jones urged Hogan in October to accept the coalition’s offer and resolve what she called a “stain on the national reputation of Maryland’s higher education system.”

The governor told the speaker he had to protect Maryland’s finances as the state faces a $5 billion cash shortfall between fiscal 2021 and 2024. In a letter to Jones, Hogan encouraged her and other lawmakers to find a way to fund a settlement to their liking. Jones, the first African American to serve as Maryland House speaker, announced her bill in February.

Attorneys for the coalition, which sued Maryland in 2006, praised the General Assembly for its overwhelming support.

“This is truly historic,” said Kristen Clarke,president of the Lawyers’ Committee for Civil Rights Under Law, which is representing the coalition alongside the law firm Kirkland & Ellis. “We applaud lawmakers for putting in place bipartisan legislation that can bring overdue relief for HBCUs in Maryland.”
 
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Maryland speaker again seeks to force settlement of long-running HBCU lawsuit, after Gov. Hogan veto last year


Jan 19, 2021



The General Assembly is aiming to force the state to settle a long-running lawsuit by Maryland’s historically black universities, which contend that for decades, higher education policy undermined the institutions and stacked the deck in favor of historically white schools.

Legislation backed by House of Delegates Speaker Adrienne A. Jones would set aside $577 million in additional funding for the state’s four HBCUs — Coppin State and Morgan State universities in Baltimore, Bowie State University and the University of Maryland, Eastern Shore — over the next decade to resolve the lawsuit, which dates to 2006.


The General Assembly passed a nearly identical bill last year with overwhelming support. But it was derailed by a veto from Gov. Larry Hogan and the coronavirus pandemic, which forced lawmakers to end their annual legislative session nearly three weeks early.

This time, Jones and other top legislative Democrats say Hogan’s veto pen won’t stop their efforts to force a settlement. Jones told The Baltimore Sun that she hopes Hogan has a change of heart, but if there’s another veto, she expects to have plenty of votes to override it. The House passed the $577 million proposal last year 129-2, and it sailed through the Senate on a 45-0 vote.



“We were optimistic the last time when it passed overwhelmingly and the governor vetoed it,” said Michael D. Jones, an attorney representing the universities, “But the thing that we could not have foreseen was that COVID would prevent the legislature from coming back and overriding the veto.”

https://www.baltimoresun.com/corona...oew55h5cxfdnq-story.html#nt=interstitial-auto
If lawmakers pass the bill early in this year’s 90-day session — as the speaker vows they will — state law would require Hogan to make a veto decision within six days. Assuming the pandemic doesn’t again cut short the session, that’d leave plenty of time to line up votes for an override.

The lawsuit has its origins in a 2005 state decision to launch a joint master of business administration program at Towson University and the University of Baltimore, a potential source of competition for an existing MBA program at Morgan State.

In 2013, U.S. District Judge Catherine Blake ruled in favor of the HBCUs on a key claim: Maryland’s actions to duplicate academic programs had perpetuated segregation by allowing nearby public universities to lure away students who might otherwise have enrolled at an HBCU.


But negotiations over a settlement have repeatedly failed in the years since, despite numerous attempts at mediation and stern prodding from the courts.

In 2019, a panel of judges on the 4th U.S. Circuit Court of Appeals again urged both sides to strike a deal, writing that battling over a potential court-imposed remedy would likely mean “endless years of acrimonious, divisive and expensive litigation that will only work to the detriment of higher education in Maryland.”

https://www.baltimoresun.com/news/c...jfdddef4lvmbq-story.html#nt=interstitial-auto
The governor’s office and the historically Black universities have remained far apart on just how much the state might have to spend.

The state initially proposed spending $50 million on marketing, on-campus multicultural centers and scholarships. Under Hogan, who took office in 2015, the state gradually upped that figure, eventually reaching what the governor’s counsel termed a “final offer” of $200 million in 2019.


Those offers have been quickly rejected by backers of the HBCUs, who note they fall well short of what a court-drafted plan might cost. The proposed court order doesn’t include a price tag, but estimates put it well above the $577 million package the General Assembly is backing.

Jon Greenbaum, chief counsel for the Lawyers Committee for Civil Rights Under Law, which has helped represent the HBCUs in the case since 2009, said Maryland’s executive branch has “never really made a serious offer to settle the case.”

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Keep up to date with Maryland politics, elections and important decisions made by federal, state and local government officials.
Mike Ricci, Hogan’s spokesman, credited the governor for opening settlement talks after taking office in 2015 and for raising state funding for Maryland’s HBCUs to “record levels” during his tenure.

https://www.baltimoresun.com/politi...ofygrq3tn3aom-story.html#nt=interstitial-auto
The coalition of HBCUs initially proposed the $577 million figure. Attorneys for the universities said passing the funding bill would set the stage for ending the lawsuit, leaving them largely just to hammer out the wording of a final agreement with lawyers for the state.


The proposed legislation this year would also add a provision guaranteeing that none of the four HBCUs would see their annual state funding dip below $9 million, a particular concern of Coppin State, where already declining enrollment plunged again amid the coronavirus pandemic.

Del. Darryl Barnes, a Prince George’s County Democrat and the chair of the Legislative Black Caucus of Maryland, which has pushed a legislative solution to the legal stalemate, called the money “desperately needed” to recruit students to HBCUs and give them the resources to compete with historically white institutions.

“It’s my hope that the governor sees his responsibility and the sense of urgency in settling this,” Barnes said. “Should the governor veto it, we’ll have enough time before the legislature ends to make sure we override it.”
 
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Maryland lawmakers approve $577M to settle HBCU lawsuit
: March 17, 2021

ANNAPOLIS, Md. (AP) — Maryland lawmakers gave final passage Wednesday to a measure to pay $577 million over 10 years to settle a federal lawsuit alleging discrimination and underfunding at the state’s four historically Black colleges and universities.

An attorney described it as “one of the largest pro bono civil rights settlements in history.”

The House voted 120-14 to send the measure to Gov. Larry Hogan, who vetoed a similar bill last year after citing economic difficulties created by the COVID-19 pandemic. The Senate approved the bill 47-0 earlier in the day in response to the 15-year-old lawsuit.


“The Maryland state legislature today took a significant step toward addressing historic inequities in Maryland higher education,” Morgan State University President David Wilson declared after the vote.

The Baltimore university is one of Maryland’s four HBCUs. The settlement will enable the university to continue to put in place unique high-demand academic degree programs that businesses say they need and to shore up infrastructure, Wilson said.

The governor’s office did not immediately return an email seeking comment.

Michael Jones, the lead counsel for The Coalition for Equity and Excellence in Maryland Higher Education, has been working on the case for 12 years. He said the settlement is unique, because the HBCUs were represented pro bono by private litigants with the resources for a long legal battle. Other HBCU cases in Alabama, Louisiana and Mississippi were led by the U.S. Justice Department, Jones noted.

“It’s one of the largest pro bono civil rights settlements in history, and it is the only case of its kind that had a settlement that went around the governor and directly to the legislators,” Jones said, adding that he felt that lawmakers now have a renewed appreciation for HBCUs and the roles they play in the state.


The latest measure would not begin payments until fiscal year 2023 in an adjustment to account for the pandemic’s fiscal impact.

Most of the measure’s provisions are contingent on a final settlement agreement between the parties by June 1. Jones said he’s confident that will be achieved.

“Once the legislation is finalized, there are no impediments to a settlement,” Jones said. “I don’t anticipate any problems at all, once it becomes law.”

The lawsuit dating to 2006 alleged that the state had underfunded the institutions while developing programs at traditionally white schools that directly compete with and drain prospective students away from HBCUs.

In 2013, a federal judge found that the state had maintained “a dual and segregated education system” that violated the Constitution.

In 2019, the 4th U.S. Circuit Court of Appeals ordered a fourth attempt at mediation, but the case has remained unresolved. In February 2018, Hogan had proposed a $100 million settlement to be allocated over a 10-year period, but the plaintiffs rejected this proposal and offered to settle the case for $577 million to be “spread over a reasonable time period.” The Republican governor later offered $200 million to settle the case.


Maryland’s four historically black colleges are Bowie State University, Coppin State University, Morgan State University and the University of Maryland Eastern Shore.

The pro bono legal work was done by Kirkland & Ellis and the Lawyers’ Committee for Civil Rights Under Law.

The funds in the settlement would be used for scholarships and financial aid support services, as well as faculty recruitment and development The money also could be used to expand and improve existing academic programs, including online programs, as well as the development and implementation of new academic programs.

The measure creates an HBCU Reserve Fund to hold unused funds at the end of each fiscal year. A new academic program evaluation unit would be formed in the Maryland Higher Education Commission.
 

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Maryland Gov. Larry Hogan To Sign $577M HBCU Settlement Bill At Bowie State Wednesday
March 24, 2021
Filed Under:Bowie State University, Coppin State University, Gov. Larry Hogan, HBCU lawsuit, Local TV, Maryland, Maryland News, Morgan State University, Talkers, University Of Maryland Eastern Shore

ANNAPOLIS, Md. (AP) — Maryland Gov. Larry Hogan will sign a measure to settle a 15-year-old federal lawsuit relating to underfunding at the state’s four historically Black colleges and universities for $577 million over a decade, the governor’s spokesman said Wednesday.

Hogan is scheduled to attend a bill signing Wednesday afternoon with lawmakers at Bowie State University.

Hogan, a Republican, vetoed a similar bill last year after citing economic difficulties created by the COVID-19 pandemic. Lawmakers passed a new measure last week in a large bipartisan vote of support.

The measure would not begin payments until fiscal year 2023.

The measure’s provisions are contingent on a final settlement agreement June 1. Michael Jones, a leading attorney for the HBCUs, told The Associated Press last week he did not anticipate any problems reaching a settlement, once the settlement measure becomes law.

The lawsuit dating to 2006 alleged that the state had underfunded the institutions while developing programs at traditionally white schools that directly compete with and drain prospective students away from HBCUs.

In 2013, a federal judge found that the state had maintained “a dual and segregated education system” that violated the Constitution. In 2019, the 4th U.S. Circuit Court of Appeals ordered a fourth attempt at mediation, but the case has remained unresolved.

Maryland’s four historically black colleges are Bowie State University, Coppin State University, Morgan State University and the University of Maryland Eastern Shore.

The funds in the settlement would be used for scholarships and financial aid support services, as well as faculty recruitment and development. The money also could be used to expand and improve existing academic programs, including online programs, as well as the development and implementation of new academic programs.
 
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