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 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.