USDOE civil rights office expresses concerns about possible FAMU-FSU engineering split

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Catherine Lhamon, USDOE Asst. Sec. for Civil Rights
The Obama administration has officially informed the State of Florida about its reservations concerning the possible split of the FAMU-FSU College of Engineering.

According to a preliminary report by CBT University Consulting, the firm hired to study the college for the Board of Governors (BOG), “[U.S. Department of Education] Assistant Secretary for Civil Rights Catherine Lhamon, in a letter to Governor Rick Scott dated April 25, 2014, expressed concern that separation of the Joint College was under consideration.”

Lhamon’s office is responsible for enforcing the consent decree that Florida entered into with the former Civil Rights Office of the U.S. Department of Health, Education, and Welfare (HEW). During the year 1973, the HEW civil rights office ordered Florida to either begin complying in honesty with Congressional laws that mandated the desegregation of higher education or lose $70M in federal money. If inflation is taken into account, that $70M from 1973 would be about $370M today.

The State of Florida avoided losing those federal dollars by entering into a desegregation consent decree with the HEW Civil Rights Office. During the 1980s, the state moved to fulfill part of that consent decree by agreeing to fully fund an engineering school at FAMU. FAMU ended up having to share its new engineering school with Florida State University (FSU), which also wanted an engineering school at the time and successfully lobbied to be part of the one at FAMU.

Back during the 2014 legislative session, Sen. John E. Thrasher, R-St. Augustine, led an unsuccessful effort to split the joint E-College and give Florida State University $13M to begin the process of creating a separate college. He refused to offer one cent to help FAMU acquire the $100M that it would take to construct a brand new engineering college on the university’s main campus or the $5M necessary to replace all of the FSU faculty who would leave.

Lhamon’s letter to Scott came one day after Florida House Speaker Will Weatherford announced that he wanted the BOG to weigh in before the legislature considered any changes to the joint college. The House and Senate came to a compromise on April 27 by agreeing to appropriate $500,000 for the BOG to conduct a study of the joint E-College.

The Florida Legislature asked the BOG to review whether the option of creating “differentiated engineering programs” at FAMU and FSU would be permissible under 1964 Title VI of Civil Rights Act, the U.S. v. Fordice Supreme Court decision, and other applicable federal regulations.

CBT University Consulting’s preliminary report states that “the differentiated programs option would result in an investigation and subsequent challenges from the Office of Civil Rights.”

The preliminary report also addresses the option of establishing separate colleges of engineering with duplicate programs at FAMU and FSU. It states that “the cost to set up a new FSU engineering college that has the scope of a top 25 public engineering college is estimated at $500 million. The Fordice Decision seems to imply that the same $500 million would need to be invested in the FAMU engineering college.”

That would be total of about $1 billion in start-up costs for two separate engineering colleges at FAMU and FSU. The recurring costs would $197M for each school per year, a total of $394M annually.

CBT University Consulting also states that the Fordice decision prohibits FAMU and FSU from both having independent engineering colleges with duplicate programs in Tallahassee.

“If the decision to separate is made and FAMU receives all extant resources, buildings, equipment, laboratories, and faculty and FSU then establishes a new engineering college, it cannot occur in Tallahassee,” the preliminary report states. “Separation will require relocation of one of the new engineering colleges. Separation will impose considerable expense in order to conform to the Fordice standards.”

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