ATLANTA — In response to a federal letter to governors calling out unbalanced funding of Black institutions, a national law firm sent a list of demands to Gov. Brian Kemp urging him to address inequitable funding of historically Black colleges and universities in Georgia.

On Sept. 18, U.S. Secretary of Education Miguel Cardona and U.S. Secretary of Agriculture Thomas Vilsack sent letters to 16 governors indicating the over $12 billion disparity in funding between land-grant HBCUs and their non-HBCU land-grant peers in their states.

According to the letter to Kemp, inequitable funding of the state’s Black land-grant institution, Fort Valley State University, has resulted in a financial gap of more than $603 million, when compared to the University of Georgia, the state’s original (and predominately white) land-grant institution.

The letter indicates the amount was determined using data from the National Center for Education Statistics Integrated Postsecondary Education Survey that ranges from 1987 to 2020, and by calculating the amount that the HBCU would have received if their state funding per student were equal to that of the original land-grant institution.

“These funds could have supported infrastructure and student services and would have better positioned the university to compete for research grants,” said the letter. “Fort Valley State University has been able to make remarkable strides and would be much stronger and better positioned to serve its students, your state, and the nation if made whole with respect to this funding gap.”

Attorneys from The Cochran Firm say the disparities have resulted in a lack of resources, infrastructure and opportunities for students at HBCUs, and that the funding disparities, “prevent students from marginalized communities in accessing quality education, which is a fundamental right enshrined in the Constitution.”

The firm, which is prepared to represent some HBCU graduates in a lawsuit, is affirming federal officials’ suggestions to address the funding disparity and allocate funds to FVSU to address the deficit.

In a demand letter sent to Kemp Oct. 3, the firm is urging Kemp to:

Initiate a comprehensive review of the funding appropriation process to identify and rectify disparities and biases that adversely affect HBCUs.

• Immediately allocate dollars to the state’s HBCUs in an amount to commiserate with the decades of underfunding compared to similar PWIs

Allocate additional funding in the future to HBCUs.Develop and implement policies that ensure fair and equitable distribution of funds and resources among all institutions of higher learning.

• Facilitate dialogue with HBCUs, PWIs and stakeholder to address concerns and collaborate on solutions to promote educational equality

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• Establish a monitoring system and mechanism to assess funding appropriations and allocations to universities, and make such report publicly available

“This call for action is not just about education. It’s about equity, opportunity, and the future of countless students,” said House Deputy Whip of the Democratic Caucus, Rep. Sandra Scott, at an Oct. 4 press conference. “…It is a reminder that we must strive for a fair and just society with everyone, regardless of their background has the opportunities to succeed. As we move forward, let us remember that the adequately funded HBCUs will not only help desert students, but also strengthen our economy and our communities.”

Attorney Carlos Moore, a managing partner for The Cochran Firm, said at the press conference the firm is expecting a response from Kemp by Oct. 13 before proceeding with plans for litigation.

“We are hoping that we can avoid protracted litigation. We’re hoping that the governor takes this seriously,” Moore said. “We’re hoping that he voluntarily comes forth and shows real leadership and avoid the taxpayers paying for costly litigation.”

The firm argues that that the funding disparity violates the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution states that no state shall “deny to any person within its jurisdiction the equal protection of the laws. The firm also notes that the Civil Rights Act of 1964 prohibits discrimination in programs and activities that receive federal assistance.

Moore also suggested that HBCUs Savannah State University and Albany State University have also been underfunded, and that the firm is also studying the impact on other Georgia HBCUs.

Georgia is home to at least 10 HBCUS, a list that also includes Clark Atlanta University, Interdenominational Theological Center, Morehouse College, Morehouse School of Medicine, Morris Brown College, Paine College and Spelman College.

According to the Department of Education, HBCUs represent 3% and enroll about 10% of all Black college students. HBCUs reportedly generate close to $15 billion in economic impact and more than 134,000 jobs annually in the local and regional economies they serve, according to the Department of Education.