Md. Code, Educ. § 15-128

Current with changes from the 2024 Legislative Session

Section 15-128 - [See Note] Funding for historically black colleges and universities

(a) Subject to subsection (d) of this section, for fiscal year 2023, the Governor shall include in the annual budget bill a general fund appropriation of at least:

(1) $16,790,700 for Bowie State University;

(2) $9,000,000 for Coppin State University;

(3) $24,003,200 for Morgan State University; and

(4) $9,693,600 for University of Maryland Eastern Shore.

(b)

(1) Subject to subsection (d) of this section, for each of fiscal years 2024 through 2031, the Governor shall include in the annual budget bill a general fund appropriation to the historically black colleges and universities as calculated under paragraph (2) of this subsection.

(2) The funds provided under paragraph (1) of this subsection shall be allocated to each institution in an amount that is the greater of:

(i) $9,000,000; or

(ii) The product of:

1. The percentage share of students enrolled during the immediately preceding academic year at each institution compared to the total number of students enrolled at all of the historically black colleges and universities; and

2. $57,700,000.

(3)

(i) Subject to subsection (d) of this section, for fiscal year 2032, the Governor shall include in the annual budget bill a general fund appropriation equal to the difference of:

1. $577,000,000; minus

2. The sum of the total funds allocated for each of fiscal years 2023 through 2031 under this section.

(ii) The funds provided under subparagraph (i) of this paragraph shall be allocated to each historically black college and university in an amount that is equal to the product of:

2. The amount of general funds determined for fiscal year 2032 under subparagraph (i) of this paragraph.

(4) At the end of each fiscal year, any unused funds provided under this section shall be distributed to the Historically Black Colleges and Universities Reserve Fund established under § 15-127 of this subtitle.

(c) Funds provided under this section:

(1) Shall be supplemental to, and may not supplant, funds appropriated to public institutions of higher education in the State budget;

(2) May be used for the following purposes, as determined by the university receiving the funds:

(i) Scholarships and financial aid support services;

(ii) Faculty recruitment and development;

(iii) Expanding and improving existing academic programs, including online programs;

(iv) Development and implementation of new academic programs, including online programs;

(v) Academic support; and

(vi) Marketing; and

(3) May not be included in the calculations of State funding under §§ 16-305, 16-512, and 17-104 of this article.

(d) If the special account in the Cigarette Restitution Fund established under § 7-317 of the State Finance and Procurement Article has a balance, the Governor shall use the balance to supplant the General Fund appropriation to the historically black colleges and universities required under this section.

(e) On or before December 1 each year, beginning in 2023 and going through 2033, each historically black college or university shall report to the Governor and, in accordance with § 2-1257 of the State Government Article, the President of the Senate, the Speaker of the House, the House Appropriations Committee, and the Senate Budget and Taxation Committee on:

(1) The uses of the funds in accordance with subsection (c)(2) of this section; and

(2) Any new academic program developed with respect to:

(i) Development costs;

(ii) Startup costs; and

(iii) Ongoing costs to maintain the program.

Md. Code, ED § 15-128

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

Added by 2021 Md. Laws, Ch. 41, Sec. 1, eff. [see note].

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.