A lawsuit filed last Fall that accused the state of Georgia of chronic underfunding its thee public HBCUs compared to predominantly white institutions in the state has been quietly dismissed, per a report by Vanessa McCray of the Atlanta Journal-Constitution. The case, which involved three HBCU alumni as plaintiffs, alleged systemic inequities in funding and resources between HBCUs and their white counterparts.
The lawsuit was initiated by three alumni from Fort Valley State University, Albany State University, and Savannah State University, who sued the Georgia Board of Regents. They claimed that the board had consistently redirected resources from HBCUs to enhance academic programs at predominantly white schools. The federal lawsuit also pointed out that the buildings at the state’s three HBCUs were of inferior quality and that these institutions depended more on state funding compared to non-HBCUs. Additionally, the absence of graduates from these HBCUs on the Board of Regents was highlighted as a significant concern.
However, the plaintiffs decided to dismiss the lawsuit after a federal judge in Atlanta noted that no action had taken place since the complaint was filed on October 24, 2023. Per McCray, the Georgia Board of Regents, responsible for overseeing the state's three public HBCUs, commented through a spokeswoman that neither the board nor University System of Georgia Chancellor Sonny Perdue were served the legal paperwork in the civil case.
Despite the dismissal, supporters of the lawsuit have vowed to continue the fight against what they perceive as systematic underfunding. Atlanta attorney John A. Moore, representing the three alumni, cited the need for further research and the inclusion of additional plaintiffs as reasons for the voluntary dismissal.
“We always knew this case was going to take a lot of work and a long time to reach any conclusion, so we are remaining nimble in order to represent our clients zealously and to the best of our abilities. This case is still No. 1 on our docket and we are in weekly consultations on the matter,” Moore stated in an email to The Atlanta Journal-Constitution.
The October lawsuit followed a letter sent to the governors of states with land-grant HBCUs. Fort Valley State University, alongside the University of Georgia, is one of Georgia's two land-grant institutions. The letter informed state leaders that Fort Valley State would have received an additional $603 million in state funding over the past 30 years if its per-student funding had matched that of UGA. The University System of Georgia responded by saying it is working to collect data on the underfunding issue.
“Unacceptable funding inequities have forced many of our nation’s distinguished Historically Black Colleges and Universities to operate with inadequate resources and delay critical investments in everything from campus infrastructure to research and development to student support services,” Cardona said in the letter. “I am continually inspired by all that HBCUs have achieved despite having to punch above their weight. Our HBCUs graduate a huge share of our nation’s Black educators, doctors, engineers, judges, and lawyers. These institutions and the talented, diverse students they serve must have equitable funding in order to reach their full potential and continue driving innovation.
Georgia has three public Historically Black Colleges and Universities (HBCUs), but a study by the U.S. Department of Education and the Department of Agriculture only compared funding for land-grant universities. Savannah State and Albany State are not classified as land-grant institutions.
In a response to the letter in December, Perdue disagreed with the findings, describing the assertions as “disappointingly reliant on an oversimplified ‘one size fits all' analysis.” Per McCray, Perdue noted that the University System had mitigated some of the funding cuts that Fort Valley State would have experienced over the past decade due to declining enrollment. The HBCU received funds that would have otherwise been allocated to larger, expanding institutions like UGA.
The goal, Perdue said, is to help Fort Valley State “resume growth and provide even greater service to students.”