
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, May 11, 1994                   TAG: 9405110109
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A-12   EDITION: METRO 
SOURCE: Associated Press
DATELINE: RICHMOND                                LENGTH: Short

RACE-BASED SCHOLARSHIPS UNDER FIRE

The University of Maryland may not constitutionally exclude qualified students from a scholarship program created for blacks, lawyers argued Tuesday.

Daniel J. Podberesky had better grades and higher test scores than all but two of the other applicants for Maryland's Benjamin Banneker scholarship program when he applied in 1990, his lawyer told a three-judge panel of the 4th U.S. Circuit Court of Appeals.

"By its own admission, the University of Maryland would have accepted him" for the scholarship program if Podberesky were black, lawyer Richard A. Samp said. Podberesky is Hispanic.

The closely-watched case has prompted rulings from two administrations. The Bush administration sided with Podberesky, agreeing that race should not be the sole factor in awarding scholarship money.

In February, the Clinton administration issued a statement reversing that policy and encouraging race-based scholarships as a helpful tool in diversifying college campuses.

Both sides have said the case will likely go to the Supreme Court.

"If this can be upheld, virtually any other race-based scholarship can be upheld," Samp said.

by CNB