Md. Code, Educ. § 10-214

Current with changes from the 2024 Legislative Session

Section 10-214 - [See Note] Support for historically black colleges and universities

The General Assembly finds that:

(1) The State of Maryland wishes to provide all of its citizens with equal access to higher education at excellent and affordable public colleges and universities;

(2) The General Assembly has carefully reviewed the Memorandum Opinions and Orders of the United States District Court for the District of Maryland, issued October 7, 2013, and November 8, 2017, in the action, The Coalition for Equity and Excellence in Maryland Higher Education, et al. v. Maryland Higher Education Commission, et al., 06-CV-02773-CCB;

(3) The District Court found that the State failed to eliminate a traceable de jure era policy of unnecessary duplication of programs at historically black colleges and universities in the State that has exacerbated the racial identifiability of Maryland's historically black colleges and universities;

(4) Maryland's historically black colleges and universities, which are Bowie State University, Coppin State University, Morgan State University, and University of Maryland Eastern Shore, should receive additional support to remedy the findings of the District Court;

(5) The additional support shall be provided in the form of additional funding in the amount of $577,000,000, which shall be provided in amounts as calculated under § 15-126 of this article in each of fiscal years 2023 through 2032, and shall be allocated among the institutions; and

(6) The provisions of §§ 15-126 and 15-127 of this article shall ensure that Maryland's historically black colleges and universities shall receive this support.

Md. Code, ED § 10-214

Added by 2021 Md. Laws, Ch. 42, Sec. 1, eff. 3/24/2021.

Added by 2021 Md. Laws, Ch. 41, Sec. 1, eff. 3/24/2021.

2021 Md. Laws, Ch. 42, Sec. 6, and 2021 Md. Laws, Ch. 41, Sec. 6eff. 3/24/2021, provide:

(a) Section 1 of this Act is contingent on the execution of a final settlement agreement in the case of The Coalition for Equity and Excellence in Maryland Higher Education v. Maryland Higher Education Commission, 06-CV-02773-CCB (D. MD) on or before June 1, 2021, that :

(1) incorporates and does not exceed the financial and programmatic commitments contained in Section 1 of this Act; (2) incorporates the order described in subsection (d)(2) of this section; and

(2) incorporates the order described in subsection (d)(2) of this section; and

(3) provides for attorney's fees and expenses in an amount not less than $14,000,000 but not more than $25,000,000 to plaintiffs' counsel in The Coalition for Equity and Excellence in Maryland Higher Education v. Maryland Higher Education Commission, 06-CV-02773-CCB (D. MD).

(b)(1) In fiscal year 2023, the Governor shall provide an allocation for the attorney's fees and expenses in the amount specified in the final settlement agreement described in subsection (a) of this section.

(2) The amount allocated under paragraph (1) of this subsection shall be provided from the funds for the historically black colleges and universities under Section 1 of this Act, with the amounts allocated based on each institution's share of the total funds provided under Section 1 of this Act.

(3) Notwithstanding § 12-501 of the State Government Article or any other provision of law, the settlement agreement as provided in subsection (a) of this section, including attorney's fees and expenses provided in the settlement agreement, are not subject to approval by the Board of Public Works.

(1) is authorized to execute the final settlement agreement in subsection (a) of this section on behalf of the State on terms the Attorney General deems:

(i) as final resolution of the case of The Coalition for Equity and Excellence in Maryland Higher Education v. the Maryland Higher Education Commission, 06-CV-02773-CCB (D. MD); and

(ii) appropriate to carry out the purposes of Section 1 of this Act; and

(2) shall provide written notice of the executed settlement agreement to the Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.

(d) Section 1 of this Act, with no further action required by the General Assembly, shall be null and void if, on or before June 11, 2021:

(1) the Department of Legislative Services has not received notice of the settlement agreement; and

(2) an order has not been issued from the United States District Court for the District of Maryland or the United States Court of Appeals for the Fourth Circuit that:

(i) reverses or vacates the District Court's holding that the State failed to eliminate traceable de jure era policy of unnecessary program duplication; or

(ii) holds that any policy of unnecessary program duplication traceable to de jure segregation has been cured by the terms of the settlement agreement.