Tuskegee University has a unique relationship to the State of Alabama. Due to the unique nature of the circumstances related to the establishment and development of Tuskegee Institute which differs from that of private schools and colleges receiving funds from the state and from the state's public colleges and universities, the institution should be afforded a unique treatment relative to funding from the Education Trust Fund. Tuskegee Institute was established by an act of the Legislature in 1881 and separately incorporated by an act of the Legislature in 1892; the Governor appoints five commissioners who serve as voting members on the Tuskegee University Board; and the State Superintendent of Education serves as an ex officio voting commissioner on the Tuskegee University Board. Tuskegee has received appropriations from the Legislature since 1881. Being a private institution as well as a state related and supported institution, it is deemed that Tuskegee University should be funded accordingly and not as the private schools and colleges nor as the state public colleges and universities are funded.
Ala. Code § 16-NEW (1975)