According to the Second Morill Act of 1890, states that opened a Black land-grant school were required to fund it equitably compared to their pre-existing land-grant schools. But over the past three decades, states have ignored this obligation, leading to a $12.6 billion funding deficit since 1987. The disparity has led to multiple lawsuits.

Because of the underfunding, "FAMU has not been able to advance in ways that are on par with University of Florida, the original Morrill Act of 1862 land-grant institution in your state, in large part due to unbalanced funding," the letter states. 

"Unequitable funding (of FAMU) has caused a severe financial gap, in the last 30 years, alone an additional $1.97 billion would have been available for the university.  These funds could have supported infrastructure and student services and would have better positioned the university the university to compete for research grants," the letter continued.  "FAMU would have been much stronger and better positioned to serve its students, the state, and the nation had if it had been made whole with respect to this funding gap."

“Unacceptable funding inequities have forced many of our nation’s distinguished Historically Black Colleges and Universities to operate with inadequate resources and delay critical investments in everything from campus infrastructure to research and development to student support services,” said Secretary of Education Dr. Miguel A. Cardona in a statement. “To compete in the 21st century we need state leaders to step up and live up to their legally required obligations to our historically Black land-grant institutions.”

The missive was sent to the governors of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia and West Virginia.  

The letter raises the possibility of future legal action, although Cardona and Secretary of Agriculture Thomas J. Vilsack write that they “hope that we can collaborate to avoid burdensome and costly litigation that has occurred in several states.” The departments offer their support in rectifying the inequities and suggest that the states with disparities match federal land grant funding two-to-one for the HBCUs that have been deprived.