In a development that has sparked a nationwide debate, the U.S. Department of Education's assertion that historically Black land-grant institutions are due billions of dollars from states has been met with significant skepticism from various quarters. The bombshell allegation, made public last year, suggests that these institutions have been underfunded by more than $12 billion since 1987, in violation of the Second Morrill Act of 1890.
The data released by the Biden administration in September indicates that the funding disparities between majority-white and historically Black public colleges are stark. Out of the 106 land-grant colleges in the United States, only a third are classified as R1 institutions, and no HBCU holds this prestigious title. This discrepancy has fueled calls for legislative action, aggressive lobbying, and a series of lawsuits aimed at rectifying the funding imbalance.
However, the department's findings have not been universally accepted. Critics argue that the summation is thin, oversimplistic, and in some cases, flawed. This skepticism has been echoed in the judicial system, where a federal judge in Florida recently dismissed a lawsuit brought by FAMU students, with prejudice (meaning it can't be brought up again). Judge Robertt L. Hinkle ruled that the students' allegations of discriminatory funding were not derived from state-mandated segregation and disputed claims of unnecessary duplicate programming at white institutions in Florida.
In response to the dismissal, alumni from three Georgia HBCUs have withdrawn their lawsuit against the state to conduct further research. John A. Moore, one of the lawyers representing the Georgia alumni, emphasized the need for a meticulous approach to ensure their lawsuit is watertight. "We want to be 100-percent sure that our lawsuit will not suffer the same fate," Moore stated, adding that his group intends to re-file their lawsuit.
Moore uses his HBCU experience as fuel in the legal battle for the institutions’ funding. As an undergraduate student at FAMU in 1996, Moore recalled waiting in line at the financial-aid office for hours, seeing other students camped out near the office doors seeking assistance.
It was a stark difference, he said, to the seamless financial-aid process less than a mile away at Florida State University, where he received his law degree. “These are things that stick in my mind.”
Despite the setbacks, advocates for HBCUs argue that the funding disparities are deeply rooted in history. The Morrill Act of 1862 established land-grant colleges, but several states refused to enroll Black people, many of whom were still enslaved. The Second Morrill Act of 1890 addressed this by establishing 19 land-grant institutions for Black citizens, but since then, states have been accused of withholding funding and discriminating against their land-grant HBCUs.
The legal and financial implications of these allegations are complex. Under the 1890 law, states are required to match federal funding for their land-grant colleges, but when they fail to do so, HBCUs are forced to provide the funds themselves or waive up to 50 percent of the match to retain federal funding. This has led to a situation where states are not incentivized to match more than 50 percent of the funding for HBCUs, while fully funding white land-grant institutions.
U.S. Secretary of Education Miguel Cardona has urged governors to equitably fund their land-grant HBCUs, highlighting the "unacceptable funding inequities" that have forced HBCUs to operate with inadequate resources. Cardona's letter has prompted responses from state officials, with some acknowledging the need for more funding and others questioning the accuracy of the data presented by the Biden administration.
In Louisiana, Southern University and A&M College has reportedly been deprived of more than $1 billion in funds over the past 30 years, compared to its counterpart, Louisiana State University at Baton Rouge. In Virginia, state officials have disputed the national report's findings, claiming that Virginia State University has been funded well above Virginia Tech on a per-student basis since 1994.
The debate over HBCU funding is not new, with a history of litigation between public HBCUs and states. In 2021, Maryland HBCUs secured a $577-million settlement from a long-standing lawsuit, a rare victory that advocates hope will pave the way for further progress.
As the legal and legislative battles continue, advocates like Rep. Harold Love Jr. of Tennessee emphasize the need for thorough groundwork to ensure government officials understand the disparities at HBCUs. "When land-grant HBCUs aren't given equitable state funds, they have to match the federal government funds by pulling from their own budget, often to their detriment," Love said.
The fight for equitable funding for HBCUs is far from over, with potential legal action looming in multiple federal circuits. The outcome of these efforts could have lasting implications for the future of historically Black colleges and universities across the country.