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27 The Educational Effectiveness of Historically Black Colleges and Universities decision, Mississippi initially suggested desegregating its higher education system by closing all of the state’s HBCUs. 120 Dean Pierce said that in 1994, following Fordice, OCR created a far more rigorous policy for higher education desegregation than its 1978 version. Dean Pierce explained that under the 1994 policy, OCR employed a vestige analysis to determine if states previously found in violation of Title VI were currently in compliance. Specifically, it sought to ascertain if states had to the “greatest extent practicable addressed and removed all of the vestiges that have a present day effect on the educational opportunities of African-Americans attending historically black colleges and universities.” 121 Subsequent to publishing its 1994 policy, OCR obtained newly signed five-year compliance agreements from seven states—Ohio and the remaining six of the 14 states that entered into agreements with OCR under the 1978 policy. 122 Notably, Dean Pierce said, the 1994 agreements did not include traditionally white institution affirmative action programs to attract African-Americans, focusing instead on enhancing HBCUs and addressing “the remaining vestiges of [segregated higher education] found to have continuing and present day effects.” 123 The Present In Dean Pierce’s view, the “problem we face today is almost a revisitation of the situation that led to the Adams cases in the 1970s.” 124 In 2000, 2001, and especially 2002, there were indications that the seven states that signed the new agreements were backing away from them. Ohio in particular was seeking to revert to policies that would negatively affect Central State University, a historically black university, potentially in violation of Title VI. Dean Pierce suggested that the State of Maryland faces a similar situation. These states, though, continued to receive federal funds for public higher education. 125 At the same time, Dean Pierce said strong evidence exists that the eight states found in compliance with Title VI in 1988 are now engaged in actions that negatively affect some HBCUs, such as unnecessary program duplication. 126 Historically, program duplication served 120 USCCR briefing transcript, May 5, 2006, pp. 38–39. 121 USCCR briefing transcript, May 5, 2006, pp. 39–40. 122 USCCR briefing transcript, May 5, 2006, p. 40. 123 USCCR briefing transcript, May 5, 2006, pp. 39–40. 124 USCCR briefing transcript, May 5, 2006, p. 40; Pierce written statement, p. 41. 125 USCCR briefing transcript, May 5, 2006, p. 41; Pierce written statement, p. 44. 126 USCCR briefing transcript, May 5, 2006, p. 42. Unnecessary program duplication refers to those instances in which broadly similar high demand programs at an historically black college or university (HBCU) are offered at a geographically proximate traditionally white institution (TWI). See, for example, MARYLAND’S REPORT AND THE PARTNERSHIP AGREEMENT BETWEEN THE STATE OF MARYLAND AND THE U. S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS, (last accessed Jan. 26, 2007). The HBCU and TWI in question may be public or private. Genevieve Segura senior education policy analyst, Maryland Higher Education Commission, telephone interview, Jan. 26, 2007.
Summary of The Proceedings 28 to create and maintain a segregated higher education system. Dean Pierce predicted: “[L]itigation that was brought in the Adams cases will once again find its way to the courts.” 127 Mikyong Minsun Kim Four Areas of Focus Dr. Kim stated that she studied the educational effectiveness of HBCUs. To do so, she employed longitudinal, national-level data sets from the Higher Education Research Institute (HERI), which is located at the University of California, Los Angeles. 128 She concentrated on four areas: (1) comparisons of institutional and student characteristics between HBCUs and historically white colleges and universities, (2) review and comparison of her research findings with those of other studies, (3) discussion of HBCUs’ contribution to the development of African-American students, and (4) evaluation of whether HBCUs merit strong support. 129 Institutional and Student Characteristics of Historically Black Colleges and Universities and Historically White Colleges and Universities Dr. Kim indicated that the American higher education community includes 103 HBCUs of which 89 are four-year institutions. Of these 89 institutions, 41 are public and 48 private. Collectively, the 89 HBCUs award about 30 percent of the bachelor’s degrees that African- Americans earned. Dr. Kim’s research also showed that a high percentage of African-American political leaders, professionals such as lawyers and doctors, and doctoral degree recipients are graduates of HBCUs. 130 Dr. Kim reported that HBCUs tend to have fewer resources compared to historically white colleges and universities, such as lower expenditures for each full time equivalent student, lower average faculty salaries, and poorer physical facilities. 131 HBCUs also tend to have smaller enrollments, a lower student-faculty ratio, and higher student-faculty interactions, characteristics that other panelists noted as well. 132 She pointed out that research has shown that these same institutional characteristics tend to be positively associated with student development. 133 Continuing, Dr. Kim stated that students enrolled in HBCUs were generally less academically prepared than historically white college and university students. 134 Other research, such as that 127 USCCR briefing transcript, May 5, 2006, p. 42. 128 USCCR briefing transcript, May 5, 2006, p. 45; Kim written statement, p. 46. 129 USCCR briefing transcript, May 5, 2006, p.43; Kim written statement, p. 45. 130 Kim written statement, Washington, DC, May 5, 2006, p. 45; Mikyong Minsun Kim, PowerPoint document to the U.S. Commission on Civil Rights, Washington, DC, May 5, 2006, p. 49 (hereafter cited as Kim PowerPoint document). 131 USCCR briefing transcript, May 5, 2006, p. 45; Kim written statement, p. 50. 132 USCCR briefing transcript, May 5, 2006, p. 44; Kim written statement, p. 45. 133 Kim written statement, p. 45. 134 Kim written statement, p. 45.
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Commissioner Rebuttals 159 The obje
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