Promotion and Advancement for Federal Highway Administrations (FHWA) Minority Institutions of Higher Education (MIHE) programs - Office of Civil Rights

The Higher Education Act of 1965 (Public Law 89-329, 79 STAT 1219)[1] was signed by President Lyndon Johnson and enacted as a United States law on November 8, 1965. 1. The Higher Education Act of 1965, its amendments and 10 U.S. C. Section 2323(a) (1) (c) defines a Minority Institution (MI) as an institution of higher education whose enrollment of a single minority exceeds 50 percent of the total enrollment or a Hispanic Serving Institution which is basically an institution with undergraduate equivalent of 25 percent full time Hispanic enrollment.

Various laws, regulations and orders have strengthened and increased resources for Minority Institutions by mandating that Federal Agencies create and expand programs that benefit Minority Institutions of Higher Education (hereinafter referred to as MIHEs). This paper will examine MIHE program sponsored by the Federal Highway Administration of the Department of Transportation, and also identify methods to strengthen and enhance the Federal Highway Administration MIHE program.

The Higher Education Act of 1965 was reauthorized in 1968, 1972, 1976, 1980, 1986, 1992, 1998, 2003, and 2006. Before each reauthorization, Congress amends additional programs, changes the language and policies of existing programs, or makes other changes. Also, along with various amendments and reauthorizations, various United States Presidents have issued Executive Orders (EO) to Federal agencies to strengthened the Higher Education Act and it's purpose and mission. For example, on December 16, 1994, former President William J. Clinton issued EO No. 12928. This EO promoted procurement with Small Businesses owned and controlled by socially and economically disadvantaged individuals, Historically Black Colleges and Universities (HBCU) and other Minority Institutions. The HBCU's are defined as postsecondary institutions that were established prior to 1964, whose principal mission was, and is, the education of black Americans. The HBCU's enroll 14 percent of all African American students in higher education, although they constitute only 3 percent of America's 4,084 institutions of higher education. [2]

On October 12, 2001, President George W. Bush signed EO 13230 (Educational Excellence for Hispanic Americans) to increase opportunities for Hispanic Americans to participate in and benefit from Federal educational programs. Also, EO 13230 was designed to enhance the capacity of Hispanic Serving Institutions (HIS) to educate the Latino community. HIS’s are accredited and degree-granting public or private non-profit institutions of higher education with at least 25 percent or more total undergraduate Hispanic full-time equivalent student enrolment.

President Bush on February 12, 2002 issued EO 13256, which ordered federal agencies (a) to advance the development of the Nation's full human potential and to advance equal opportunity in higher education;(b) to strengthen the capacity of historically black colleges and universities to provide the highest quality education; and (c) to increase opportunities for these institutions to participate in and benefit from Federal programs, as do other colleges and universities. Amended EO 13270 was issued by President Bush on July 2, 2002. The purpose of EO 13270 is to ensure that Tribal Colleges and Universities (TCU's)[3] are fully recognized and to establish a mechanism for increasing TCU's access to Federal resources.

In accordance with EO 12928, 13230, 13256 and 13270, Federal Agencies indicate compliance and accountability by the following actions: (a) establish an annual goal for funds to be awarded to the Minority Institutions of Higher Education (MIHE's) and to provide technical assistance to MIHE's regarding the program activities of the agency; (b) submit annual planned awards and performance awards reports to the Secretary of Education containing data on its plans/accomplishments to increase the participation of MIHE's in Federal and Federally Sponsored Programs; and ( c) submit data on all outreach efforts directed towards the Hispanic, Native American and Alaska Native communities (i.e. promoting and encouraging the development of language, culture, traditions, and educational efforts directed toward early childhood development, elementary, and secondary students).

In 1991, the Federal Highway Administration's Historically Black College and Universities and Other Minority Institutions of Higher Education Task Force recommended the establishment of partnerships to increase the participation of those institutions in the Agency’s Federal and Federal-aid highway programs. The partnerships were required to have, at a minimum, the active participation of an FHWA Division Office, a State Department of Transportation and a college or university. In response to the recommendation, the FHWA South Carolina Division Office, the South Carolina Department of Transportation and the South Carolina State University developed a transportation career education initiative entitled "Summer Transportation Institute" (STI).

The Summer Transportation Institute program was established to introduce high school students to transportation systems, innovations in transportation, management of transportation systems, construction skills, research and technology. The program was designed to create awareness and stimulate interest in transportation careers, particularly among students entering minority colleges and universities. Participating colleges and universities hosted the institutes and provided housing and instructors for each session. The Federal Highway Administration and the South Carolina Department of Transportation managed the program on behalf of the U.S. Department of Transportation. The first STI was established in 1992 at South Carolina State University (SCSU) with an enrollment of 20 students.

After the tremendous success of the first STI on the SCSU campus in 1992, other FHWA Division Offices, State Department of Transportation, Colleges and Universities expressed interest in and established STI's. After a six-year pilot program, Congress in the Transportation Equity Act for the 21st Century authorized funding for the first transportation career education program for secondary school youth entitled the "National Summer Transportation Institute" (NSTI).

The United States Department of Transportation (DOT) (Federal Highway Administration) educational initiative addressed a crucial workforce need for the transportation industry. The DOT believed that this was a great opportunity to prepare youth for future transportation related careers especially since a number of transportation employees were eligible or would soon retire. Through industry partnerships, the NSTI provided transportation career education awareness to secondary school students and encouraged them to consider transportation-related courses of study in their higher education pursuits.

The NSTI program component was used to design another national transportation initiative, the Garrett A. Morgan [4]Technology and Transportation Futures Program that was established by Former Secretary of Transportation Rodney E. Slater. Prompted by President Clinton's strong support for education, Secretary Slater established the program with four objectives: improving students' math, science and technological skills; strengthening the links between the transportation sector and community colleges, junior colleges, and technical schools; expanding transportation programs at undergraduate and graduate institutions; and easing the transition from school to work in the transportation field.

The Federal Highway Administration program objectives for its MIHE's are to increase the participation of HBCU's and other MIHE's in all phases of FHWA Federal and Federal-aid programs with special emphasis on Research and Technology programs. The FHWA Minority Institutions program plan's and actual activities and outreach efforts also include; (a) Partnerships with HBCU's and, other MIHE's or public private partnerships, alliances, joint ventures and activities of prime contractors that are contracting with MIHE's ; (b) National Summer Transportation Institutes; ( c) Summer Transportation Internship program for Diverse Groups; (d) Transportation and Technology Academy; (d) Transportation and Civil Engineering Careers; (e) Initiatives under/ or activities involving Hispanic, Native American and Alaska Native Communities; and (f) other youth initiatives. In accordance with Elvia Mata, the MIHE program is a program that provides assistance to minority students that equips them with the necessary tools to attain employment within the transportation industry. This is accomplished by providing funding to universities and colleges that will solicit students to participate in programs offered through the MIHE structure.

The FHWA also supports MIHE's by repairing, creating or altering fixed equipment, facilities or land used by MIHE's, providing cooperative education, student and faculty internships, visiting professorships, and personnel and student recruitment at MIHE's (e.g. Dwight D. Eisenhower Fellowships). The FHWA awards student tuition assistance, scholarships and other aid to an MIHE for students or award the funds directly to students for payment of such charges as tuition and room and board. The FHWA also provide direct institutional subsidies to MIHE's for education and general expenses in cases where the Federal government places no restrictions on the use to which the funds may be put or provides a broad range of allowable activities within which the institution has discretion to use the funds.

The STI program was the predecessor for the Summer Transportation Internship Program for Diverse Groups (STIPDG). The STIPDG is an important part of the Department of Transportation's efforts to promote the entry of the Department minorities including \ women, persons with disabilities, and members of diverse groups into transportation careers in which they are underrepresented. Internships are available for students in a wide variety of fields. For example, STIPDG is not just for students majoring in engineering. There are opportunities in nearly five transportation related disciplines that includes Arts and Sciences, Aviation, Business, Civil Rights, Education and Human Development, Engineering, Law, and Transportation. [5]

The Civil Rights office of the FHWA sponsors two programs that support the MIHE program. These programs include Transportation and the National Summer Highway Institution. In accordance with the FY 2005 Report, the FHWA planned approximately $60,512,727.00 to Institutions of Higher Education (IHE). The categories for the awards included: (a) Research & Development; (b) Program Evaluation; ( c) Training; (d) Facilities and Equipment;

(e) Fellowships, Traineeships, Internships, Recruitment & IPA’s; and (f) Student Tuition Assistance, Scholarships, & other Aid. Also, the total awards to HBCU's in 2005 were about $7,305,619.

It appears that even though the majority of Federal agencies immediately understand and are able to define Minority Institutions, the terms HBCU's, HIS’s, and TCU’s are not readily identifiable. This non-recognition decreases the promotion and advancement of these minority institutions. Deputy Director for the White House Initiative on Historically Black Colleges and Universities recently discussed and defined the mission of the White House Initiative on HBCU's. Deputy Director indicated that the mission of the White House Initiative is to strengthen the capacity of HBCU's to provide excellence in education. The White House’s initiative was designed to ensure that HBCU's obtain their share of Federal funds including grants and other awards to accomplish their educational endeavors. [9] The White House Initiative has significantly affected the viability of HBCU's. For example, if the White House Initiative did not exist then at least 10% of the HBCU's would have closed its doors. Deputy Director further discussed the programs under the White House Initiative that includes HBCU's cluster programs that works closely with specific federal agencies to facilitate and develop the programs in accordance with EO 12876. Also, in accordance with EO 12876, the Advisory Board in consultation with the Department of Education and other executive departments and agencies have developed a private sector strategy to assist Historically Black Colleges and Universities by: (1) increasing voluntary private-sector contributions to support the enhancement of endowments and the overall financial stability of such institutions; (2) improving and enhancing the quality and number of private-sector partnerships focused on academic program development, student achievement and faculty development, cooperative research and development projects, and faculty exchanges; and (3) improving information management, and facilities, and strengthening academic course offerings.

Deputy Director also described the research and development initiatives that are performed by his office. The research and development initiatives determined the effectiveness of funding to HBCU's and the availability and need for additional funding and programs to assist minority institutions, its facilities, staff and student body. Deputy Director believes in EO 12876 and believes that the biggest problem facing HBCU's and other MIHE's is awareness of the programs. There are a great number of personnel in Federal agencies that are not familiar with HBCU's. Also, there are some national and local officials that are not familiar with HBCU's.

However, during election season awareness becomes vital and included on the front burner of some candidates' agenda. The task of understanding the purpose and mission of HBCU's should not be isolated because of its minority status but must be looked upon as an endangered and indefinite issue. The plight of educating all Americans is vital to the continued success of the road to excellence and, prominent because a mind is a terrible thing to waste. Also, EO 1276 states that its purpose is to advance the development of the Nation's full human potential and to advance equal opportunity in higher education, to strengthen the capacity of Historically Black Colleges and Universities to provide the highest quality education, and to increase opportunities for these institutions to participate in and benefit from Federal programs.

Deputy Director forecasted a formula for the continued success of Federal funding to HBCUs. "It is wonderful that various Presidents have sustained the continued existence of HBCUs by issuing "EO' but the permanent funding status can only be made through the legislature enacting a law that will entitled all HBCUs, HIS's and TCUs to permanent Federal funding.

A central theme in the Higher Education Act and the above reference Executive Orders mandates a commitment to strengthen the educational resources of colleges and universities and to provide financial assistance for students in postsecondary and higher education. This commitment is accomplished by distributing Federal money to universities, creating scholarships, grants" low-interest loans for students, internships with various federal agencies.

In 2003, many parts of the Higher Education Act were set to expire. In order to be the most effective, different minority groups decided to come together and ask for those parts to be extended. They called themselves the Alliance for Equity in Higher Education. The goals that the Alliance set up· included helping minority students enter fields where they were underrepresented, and to give incentives to encourage their entrance into these programs. These incentives also included programs to be more lenient on loan collecting, and having the government provide full funding for their education. There was also a call to help out minorities in graduate programs with funding. Just like undergraduate programs, the Alliance for the government to create funding for students in the graduate programs of universities serving the minority population.⁷ The Alliance was also asking for funds to help its institutions, as well as its students. There was a request to keep students attending these universities and to prepare students for the "real" world. With the changes proposed in 2003, the actual Higher Education Act was not re- established. Instead, many of its sections were renewed, with little radical change. ⁸

The list of minority institutions was compiled based on the definition of "Minority Institution” found in § 365(3) the Higher Education Act (HEA) (20 U.S.C. 1067k (3). The list defined minority as American Indian, Alaska Native, Black (not of Hispanic origin) and Hispanic. This list does not include Asians or Pacific Islanders, because Integrated Postsecondary Education Data System (IPEDS) enrollment data does not desegregate Pacific Islanders from Asians. Under §365(2) of the HEA, Pacific Islanders are considered to be minorities for purpose of the Minority Science and Engineering Improvement Program (MSEIP). Asians, on the other hand, are not considered to be a minority under this program, because studies show that they are not under represented in science and engineering.⁹

Minority students who attend non-HBCU, HIS's, or TCUs are at a disadvantage with respect to awareness of internships and scholastic awards from Federal Agencies. The FHWA provides internships for not only students with an engineering, science or computer major but 7 Stephen Burd, "Institutions Serving Minority Students Propose Changes to Higher Education Act," Chronicle of Higher Education 49, no. 26 (2003), http://web.ebscohost.com.

8 Id. 9 20 D.S.C. § 1067k(5); see also the National Science Foundation study at www.nsf.gov/statistics/seind04/c3/c3s1.htm. provides internships for not only students with an engineering, science or computer major but provide internships with respect to five transportation disciplines. Also, even though a student attends a non-HBCD, HIS or TCD, their exposures to Federal agencies internships is limited because the programs are directed towards students who attend a HBCD, HIS or TCD. The office or human resource office of non-MIRE might not support or expose these students to such employment opportunities.[10] For example, the FHWA, offers internships in disciplines other than engineering, math, computer, etc. However, minority students who attended non-MIHE might not be aware of these opportunities and thus, will be denied the opportunity to apply and earn money for tuition, books, room and board. Thus, by ensuring that minorities that attend non- MIHE ·are aware of Federal internships, this exposure can bring considerable attention and knowledge of MIHEs.

Advancement and promotion of the MIHEs program should include a commitment to insure that all minorities students including those that attend non- HBCUs, HIS's, and TCUs have, access to Federal Agencies internship and employment opportunities. For example, there are a number of students that qualify because they are a minority but they are still disadvantaged with respect to knowledge and accessibility to various Federal agencies internships programs.

1. The Higher Education Act of 1965 is located in 20 U.S.C. 1135d-5(3).

[2] HBCUs offer all students, regardless of race, an opportunity to develop their skills and talents. These institutions matriculate approximately 24 percent of all African American students enrolled in four-year colleges, award masters degrees and first-professional degrees to about 1 in 6 African American men and women, and award 24 percent of all baccalaureate degrees earned by African Americans nationwide. The majority of the 105 HBCUs are located in the Southeastern states, the District of Columbia, and the Virgin Islands. They include 40 public four-year, 11 public two-year, 49 private four-year, and 5 private 2-year institutions.

The majority of the 105 HBCUs are located in the Southeastern states, the District of Columbia, and the Virgin Islands. They include 40 public four-year, 11 public two-year, 49 private four-year, and 5 private 2-year institutions. Most are more than 100 years old with Cheney University of Pennsylvania, founded in 1837, being the oldest of these institutions.

[3]Troubled because of a lack of higher educational opportunities for their young generation, American Indians began building colleges and universities of their very own. The American Indians started their first college in the remote reservation community on the Navajo Nation and then established colleges and universities throughout Indian County. In 1996, President William J. Clinton signed the first Executive Order 13270 for Tribal Colleges and Universities.

[4] The Garrett Morgan Program is named in honor of Garrett A. Morgan (1876-1963), an African-American entrepreneur who invented the three-phased automated traffic signal and the safety hood, later known as the gas mask.

[5] The various student employment opportunities in the STIPDG program include:

ARTS AND SCIENCES: Architecture, Chemistry, Communications, Computer Science/Information Technology, Criminal Justice, Environmental Science, Information Systems, Languages, Logistics, Mathematics, Public Administration, and Physics.
AVIATION: Aeronautical Studies, Airway Science, and Aviation Flight Management Science.
BUSINESS: Accounting, Business Administration, Business Management, Finance/Financial Management, Economics, Management, and Marketing /Communications; Multimedia.
CIVIL RIGHTS: Contractor Compliance Equal Employment Opportunities, Disadvantaged Business Enterprise/DBE Supportive Services, Americans with Disabilities Act/Section 504 of the 1973 Rehab Act, Minority Institutions of Higher Education, On-the Job Training/OJT Supportive Services, State Highway Agency Internal Equal Employment Opportunity, Title VI and Non-Discrimination, Tribal Employment Rights/Tribal Relations, Complaint Investigations; Business Opportunity and Workforce Development Centers.
EDUCATION AND HUMAN DEVELOPMENT: Education, Human Factors, Human Resources, and Psychology. ENGINEERING: Chemical Engineering, Civil Engineering, Construction Engineering, Electrical Engineering, Electronic Engineering, Engineering (General), Environmental Engineering, Geotechnical Engineering, Manufacturing Engineering, Mechanical Engineering, Structural Engineering, Transportation Engineering.
LAW: Legislation and Regulations, Program Legal Services, Administrative and Technology Law. PUBLIC POLICY AND PLANNING: Public Policy & Analysis, Political Science/Government, Urban and Regional Planning Urban Studies.
TRANSPORTATION: Pavement and Materials, Transportation (General), Transportation (Infrastructure), Transportation (Traffic Operations), Transportation Logistics, Transportation Planning & Management, Transportation Policy, Transportation Studies, and Intelligent Transportation Systems

[9] Deputy Director of the White House initiatives on HBCU's provided the following history of the White House Initiative:
         In 1980, President Jimmy Carter signed Executive Order 12232, which established a federal program "... to overcome the effects of discriminatory treatment and to strengthen and expand the capacity of historically black colleges and universities to provide quality education."
         In 1981, President Reagan, under Executive Order 12320, established the White House Initiative on Historically Black Colleges and Universities, which expanded the previous program and set into motion a government-wide effort to strengthen our nation’s HBCU's.
          In 1989, President George Bush signed Executive Order 12677. This Executive Order established a Presidential Advisory Board on Historically Black Colleges and Universities to advise the President and the Secretary of Education on methods, programs, and strategies to strengthen these valued institutions.
          In 1993, President William Jefferson Clinton signed Executive Order 12876. This Executive Order required that a senior level executive in each agency have oversight in implementing the Order; and that the Office of Management and Budget be involved in monitoring implementation of the Order.
          On February 12, 2002, President George W. Bush signed Executive Order 13256. This Executive Order transferred the White House Initiative on Historically Black Colleges and Universities to the Office of the Secretary within the U.S. Department of Education

[10] Students who attend HBCUs graduate with greater frequency than African American students at predominantly white universities, and these students get more academic and social support. Kristina Lane, "Bill Would expand Higher Access for Minorities, Low-income Students", Community College Week 16, No. 4 (2003).