In an ongoing struggle to right past wrongs, lawyers, community activists and students are awaiting their chance in court to make all Maryland universities equal and to reverse policies they say serve to weaken historically Black universities.

At the heart of the case, The Coalition for Equity and Excellence in Maryland Higher Education v. Maryland Higher Education Commission, are allegations that the state failed to live up to a 2000 desegregation agreement designed to ensure that HBCUs achieve parity with Maryland’s traditionally White institutions by providing equitable funding. The state was to also avoid duplicating at TWIs academic programs already offered at HBCUs in order to preserve the Black colleges’ uniqueness and attractiveness to nontraditional students.

The lawsuit was originally fi led in October 2006 after the state filed a report with the U.S. Department of Education Office for Civil Rights alleging full compliance with the desegregation agreement. Assistant Attorney General Catherine M. Shultz, whose office is defending the state, says both parties are in the discovery process, which should be concluded by Jan. 15. Plaintiffs are also awaiting a response from the Offi ce for Civil Rights, which has oversight in ensuring compliance by the state. An OCR spokesperson declined comment.

“We are alleging that the plan in Maryland could have worked if followed,” says David J. Burton, president of the coalition, which is comprised of current and former students, economic advocacy community organizations and a broad range of professionals who are suing the state.

Burton, a Morgan State graduate and president of the Class of 1967, became involved when he spearheaded a fundraiser for the centennial class reunion and alumni debated Morgan’s progress, which led to the investigation of appearance of funding versus actual funding. The coalition formed and initiated the lawsuit as a result of information they gathered from HBCUs about funding adequacies.