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Judge Hears Case Over Maryland Funding of Historically Black Schools

Morgan State University is a historically Black institution based in Baltimore. Morgan State University is a historically Black institution based in Baltimore.

BALTIMORE – Attorneys arguing that Maryland’s history of racially-segregated higher education is ongoing used decades-old state reports to try to make their point as a federal trial began Tuesday. 

The Coalition for Equity and Excellence in Maryland Higher Education alleges that practices carried over from the days of segregation at the state’s higher education commission put historically Black schools at a competitive disadvantage. The coalition said there is unnecessary duplication of specialized programs offered at historically Black schools, as well as funding disparities.

Maryland has appointed blue ribbon commission after blue ribbon commission to get its historically Black colleges and universities “out of the hole Maryland’s policies have put them in,” attorney Michael Jones said in his opening statements.

Jones presented a series of state reports dating to the 1930s, detailing inferior funding and in many cases call for improving funding. The reports also detail remedies including expanding offerings and creating programs that are not offered at other schools to help attract more students of all races.

“Maryland really has no defenses in this case,” Jones said.

Attorney Craig Thompson, representing the state of Maryland, told U.S. District Judge Catherine Blake that “it is students, not institutions that have rights under the Constitution.” He repeatedly said past practices and policies that led to a segregated education system are no longer in place.

The attorney said that, while the state tries to avoid duplication in higher education, prior court rulings allow duplication where there is sound educational justification.

Thompson said the case was about context, change and choice, noting that the state’s higher education system has changed since the days of segregation education and that students can now choose which school they wish to attend. The attorney ticked off enrollment figures at the state’s traditionally White universities showing the number of minority students at each had increased since the 1980s.

The evidence will show “no state actions are limiting student choice,” Thompson said.

Blake ruled last year that the coalition failed to show inequity in the state’s capital funding formula and discrimination against a particular school.  

The historically Black institutions are seeking expanded and unique missions so they will “be attractive to students of all races,” plaintiffs attorney Jon Greenbaum said before arguments began.

“Right now, HBI programming is largely duplicated” at traditionally White institutions, Greenbaum said. “Historically Black colleges are now more segregated than they were in the 1970s. All the trends are going in the wrong direction.”

The trial is expected to last six weeks.

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