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FVSU,Savannah St. students part of NAACP suit alleging HBCU's are not adequately funded

The Georgia NAACP has filed a lawsuit that claims the University System of Georgia and Board of Regents have methodically shortchanged its three public black colleges and has violated the Civil Rights Act of 1964 along with the 14th Amendment.

Two state officials are listed in the lawsuit, Gov. Sonny Perdue and Board of Regents Chancellor Errol Davis.

Two students at Savannah State University and Fort Valley State University joined the Georgia NAACP as plaintiffs in this case. Additionally, the Legal Defense Coalition for the Preservation of Public HBCUs is also supporting the lawsuit.

Attorney John Clark commented that the alumni associations of Albany State University (ASU), Fort Valley State University (FVSU) and Savannah State University (SSU) support the filing of this lawsuit.

The Legal Defense Coalition’s position is that…”… to prevent the demise of Georgia’s Historically Black Colleges and Universities (State HBCUs), the Board of Regents of the University System of Georgia must be forced by court mandate to elevate the State HBCUs to status equal to other universities by ceasing its discriminatory mismanagement practices of inequitable funding, disregarding the State HBCUs’ capital improvement needs, limiting and impeding the State HBCUs’ missions, needlessly duplicating programs to the detriment of the State HBCUs, failing to duplicate programs when needed by State HBCUs, and failing to establish professional, specialized and doctoral degree programs within the State HBCUs….”

The Legal Defense Coalition believes there must be a “systemic change in education practices by the Board of Regents and the State of Georgia.”

Equity in funding has been central theme to the lawsuit, but it is likely that the state will contend that the three historically black colleges has received their fair share of funding from the state of Georgia and the University System, and there is no basis for the lawsuit. Additionally, the state may assert that economic conditions have contributed to any perceived inequities as well.

Funding from the University System of Georgia has been generally determined by a myriad of factors such as enrollment and mission statement of the school along with retention and graduation rates as performance indicators.

The Legal Defense Coalition contends that ”Georgia’s HBCUs are unable to function as quality institutions of higher learning due to their status as second-rate universities, which status is caused by systematic discriminatory practices of the Board of Regents of the University System of Georgia (“Board of Regents”)….”

Edward DuBose, who is president of the Georgia NAACP, says the issue is not about race, but fairness.

The Legal Defense Coalition believes the Plans for Desegregation (1970 – 1978) of the University System of Georgia were not implemented in good faith and were abandoned, leaving the State HBCUs without recourse for the persistent discriminatory treatment by the Board of Regents.

On the steps of the Georgia Capitol, supporters of this potentially landmark lawsuit stood in support as it was announced to the media.

Even though this is a legal matter, a political component is required and that is greater participation in the political process.

African-Americans make up close to a third of Georgia’s population, but showing up at the polls and making one's voice heard through the ballot box could send a strong message to the State Capitol and the Board of Regents.

The health of these three historically black universities has drawn the attention of the Republican-led Georgia Assembly in recent years. Republican representative Seth Harp, who is chair of the State Senate Higher Education Committee, wanted to merge historically black Albany State University and Darton College, and historically black Savannah State with Armstrong Atlantic. Harp contended it would have gone a long way toward cutting expenses, which he felt needed to be done because the state was a facing a deficit.

Protests to Harp's plan to merge HBCU’s were frequent and received national attention. However, the proverbial seeds have been planted by Georgia Republicans. And this merger movement is likely to grow as higher education budgets become more and more of a target for cuts.

HBCU supporters have an opportunity to make a statement in November 2010 at the voting booth, because a decision in this court case may take a while.