Diversity of the student population is legislated and affects recruitment strategies at colleges and university. There is much legal history bringing administrators to the current position. Blending the history of desegregation and the resultant legal situation with the Theory of Student Choice is important to ensure enrollment targets are met. Student choice factors are instrumental in determining which college a student will attend. Understanding which factors influence white students to attend HBCUs, and black students to attend TWIs, is important for administrators and will help them ensure desegregation structural diversity mandates are met. This paper reviews the legal history and the Theory of Student Choice as a beginning point to assist Institutional policy makers, and defines the need for future efforts