A highly publicized lawsuit filed last fall alleging that Georgia had chronically underfunded its public historically Black universities compared to the state’s predominantly white schools has been dropped.
Eight months after the lawsuit was filed, the plaintiffs agreed to dismiss the civil case after a federal judge in Atlanta noted “that no action has taken place in this case since plaintiffs filed their complaint on October 24, 2023.”
The Georgia Board of Regents, which oversees the state’s three public HBCUs and was named as a defendant, typically doesn’t comment on litigation. However, according to Vannessa McCray from The Atlanta Journal-Constitution, a spokeswoman said that the board and University System of Georgia Chancellor Sonny Perdue were never even served the legal paperwork in the civil case.
The lawsuit was initiated by three alumni from Fort Valley State University, Albany State University, and Savannah State University and claimed 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.
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 2023 lawsuit followed a letter sent to the governors of states with land-grant HBCUs. Fort Valley State University and the University of Georgia are 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 UGA’s. 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.”
According to McCray, Perdue also 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.”
