The $12 Billion Fight: Every HBCU Underfunding Gap and Lawsuit, State by State

Case statuses reflect reporting through the dates shown in the tracker. We’ll update this page as cases move.

Okay, HBCU family. Let’s talk about the money. 💰

On October 7, students and alumni of Lincoln University sued the state of Missouri.

Their claim: decades of unequal funding. Their ask: a $549 million fund and a court order for equal funding going forward.

On October 20, PBS NewsHour put it on the national stage.

But here’s the thing: Lincoln is one of 16.

A 2023 federal analysis found that 16 states funded their land-grant HBCUs far below their flagship land-grant schools. The Departments of Education and Agriculture called the gap “over $12 billion.”

Let that sink in. 👀

HBCU underfunding is now a courtroom story, and this page tracks all of it. Every school. Every number. Every legal fight.

Bookmark it. We’ll keep it current.

The $12 Billion Question: What Did the Feds Actually Find?

On September 18, 2023, Education Secretary Miguel Cardona and Agriculture Secretary Tom Vilsack sent letters to 16 governors.

The message was simple: your state’s 1890 land-grant HBCU got far less than your state’s 1862 land-grant university.

The departments used federal IPEDS data from 1987 to 2020. They calculated what each HBCU would have received if the state had funded it per student at the same level as its land-grant counterpart.

The gaps ranged from $172 million to $2.1 billion, according to the departments’ release.

Delaware and Ohio were the exceptions. Both states were found to fund their HBCUs equitably.

Two quick receipts before we go further:

• These are federal calculations, not court findings.
• Several states have pushed back on the math. We’ll get to that. 🧾

Why 1890 Schools? A 60-Second History Lesson

Let’s back up.

The First Morrill Act of 1862 gave states federal land to fund public colleges. Those became the “1862” land-grant universities.

The Second Morrill Act of 1890 added a rule. If a state kept Black students out of its land-grant school, it had to open a second one for them. And it had to fund the two fairly.

That second group is the 1890 institutions. Think Tennessee State, North Carolina A&T, Florida A&M, Prairie View A&M, and Southern University.

Fair funding was the rule. What happened next? That’s the whole fight.

The Funding Gap, State by State: Find Your School’s Number

Here’s the full list. Each gap is what the federal analysis says the HBCU would have received from 1987 to 2020 at per-student parity with its state’s flagship land-grant school.

State	1890 HBCU	1862 land-grant counterpart	Gap, 1987-2020 ($ millions)	Exact figure in the 2023 federal letter
Tennessee	Tennessee State University	University of Tennessee, Knoxville	2147.8	$2,147,784,704
North Carolina	North Carolina A&T State University	North Carolina State University	2079.9	$2,079,934,848
Florida	Florida A&M University	University of Florida	1973.1	$1,973,081,216
Texas	Prairie View A&M University	Texas A&M University	1135.5	$1,135,496,704
Louisiana	Southern University and A&M College	Louisiana State University	1126.1	$1,126,149,248
West Virginia	West Virginia State University	West Virginia University	852.6	$852,622,464
Georgia	Fort Valley State University	University of Georgia	603.2	$603,156,480
Alabama	Alabama A&M University	Auburn University	527.3	$527,280,064
South Carolina	South Carolina State University	Clemson University	470.0	$469,956,832
Oklahoma	Langston University	Oklahoma State University	419.0	$418,986,272
Missouri	Lincoln University	University of Missouri	361.6	$361,569,760
Arkansas	University of Arkansas at Pine Bluff	University of Arkansas	330.9	$330,935,712
Maryland	University of Maryland Eastern Shore	University of Maryland, College Park	321.2	$321,181,312
Virginia	Virginia State University	Virginia Tech	277.5	$277,544,416
Mississippi	Alcorn State University	Mississippi State University	257.8	$257,807,216
Kentucky	Kentucky State University	University of Kentucky	172.1	$172,135,168

Source: U.S. Departments of Education and Agriculture letters to governors, Sept 18, 2023 (archived copy), using IPEDS data from 1987 to 2020. Figures cross-checked against the NEA Research Land Grant University Brief No. 2 (2025). These are federal calculations, not court findings. Delaware and Ohio were found to fund their HBCUs equitably and are not listed.

Add up the 16 rows and you get roughly $13 billion. The departments’ own wording was “over $12 billion,” so that’s the number we lead with.

Tennessee’s exact figure in the letter is $2,147,784,704, or about $2.15 billion. The departments rounded the top of the range to $2.1 billion.

Two schools sit above $2 billion by themselves: North Carolina A&T State University and Tennessee State University.

Real talk: these are the federal figures. Some states dispute them.

Where the Fight Stands Right Now

The 2023 letters were a request. In 2026, the courtrooms get involved.

Quick note on how to read this section. It’s a snapshot. Each row shows the date of the latest report we found, and where we haven’t seen an update, we say so.

It is not a live view of the courts.

State and school	Status	What we know	Latest report as of	Source
Missouri: Lincoln University	Lawsuit filed	Filed Oct 7, 2026 in federal court (W.D. Mo.) by students and alumni with The 1890 Project. Asks for a $549M fund and a parity consent decree. Governor’s office says it hasn’t been served.	Oct 20, 2026	Source
Florida: FAMU	Revived on appeal	2022 student suit dismissed (NEA: Jan 2024). 11th Circuit reversed in a split decision on June 9, 2026, without ruling on the merits. Back in district court. No new activity found.	June 18, 2026	Source
Kentucky: Kentucky State	Suits pending	Federal class action (May 2026) and a separate state suit in Franklin Circuit challenge SB 185. Injunction hearings were set for late July and Aug 19. No ruling reported.	Aug 18, 2026 (no ruling reported)	Source
Georgia: Fort Valley State	In talks (planned)	The 1890 Project planned to open talks with the state AG in October and wants the money budgeted next session. No suit filed. USG disputed the gap in 2023. A 2023 alumni suit was dropped July 2024.	Oct 8, 2026	Source
North Carolina: NC A&T	In talks	The 1890 Project says it is talking to the state AG. Student attorneys warned the governor in Oct 2023.	Oct 7, 2026	Source
Virginia: Virginia State	Disputed, in talks	Gov. Youngkin rejected the claim in Oct 2023. The 1890 Project says it is talking to the state AG. A legislator is reportedly interested (PBS).	Oct 7, 2026	Source
Alabama: Alabama A&M	Disputed, in talks	State higher ed director called the federal math “amateuristic” in 2023. The 1890 Project says it is talking to the state AG.	Oct 7, 2026	Source
Arkansas: UAPB	In talks	Black Caucus floated legal action in Feb 2024. The 1890 Project says it is talking to the state AG.	Oct 7, 2026	Source
Tennessee: Tennessee State	Partial funding	Gov. Lee proposed $250M for TSU capital projects in 2022, reported as allocated in 2023. A 2021 state report put the shortfall at $150M to $544M, versus the $2.15B federal figure.	Jan 2023 (no update found)	Source
West Virginia: WVSU	Law passed, forward only	HB 3371 passed in March 2023, requiring the state to fully match federal land-grant funds going forward. Speaker said retroactive payment is unlikely.	Mar 2023	Source
Texas: Prairie View A&M	Legislators interested	Calloway told PBS that legislators in Texas are interested in helping bring a case. No state response found.	Oct 20, 2026	Source
Oklahoma: Langston	Partial funding	Langston’s president said Oklahoma met the 1:1 federal match for the first time in FY2025 (his claim, not independently verified). The FY2026 budget added $10.1M for deferred maintenance. The 2:1 match the feds suggested has not been reached. Some legislators are reportedly interested in a case (PBS).	Budget details July 2025; PBS report Oct 20, 2026	Source
Louisiana: Southern University	No remedy yet	Southern asked the Legislature for $19M in one-time money in March 2026. We did not find a later outcome.	Mar 2026	Source
South Carolina: SC State	Funding fight (not a lawsuit)	No response to the federal figure found. In spring 2026 SC State rescinded a commencement invite to Lt. Gov. Pamela Evette after student protests. Nine GOP House members then asked budget writers to cut the school’s funding. Reports differ on the amount: more than $35M (Inside Higher Ed) or a $5M convocation center (WRDW). No final outcome found.	May 5 and June 4, 2026	Source
Mississippi: Alcorn State	No action found	No state response to the federal figure found in our search (not exhaustive).	Nov 1 2026 search	n/a
Maryland (precedent)	Settled 2021	$577M over 10 years for Morgan State, Bowie State, Coppin State and UMES. The 1890 Project says it is talking to the state AG.	2021; talks Oct 7, 2026	Source
Mississippi (precedent)	Settled 2001	Ayers case: about $503M for Jackson State, Alcorn State and Mississippi Valley State.	2001	Source

Last checked November 1, 2026.

Now the story behind the table. 👇🏾

Missouri: The Lincoln University Lawsuit

Lincoln University is the anchor case. It was filed October 7, 2026, in federal court in the Western District of Missouri.

The plaintiffs are students and alumni, working with The 1890 Project and attorney Don Calloway. They allege decades of unequal funding compared with the University of Missouri.

The suit asks for a $549 million fund. The complaint describes it as a $223.8 million documented shortfall, stated in nominal dollars, plus about $325 million in prejudgment interest.

But the money isn’t the main ask. The main ask is a federal consent decree that funds Lincoln at parity with the University of Missouri every year going forward.

According to St. Louis Public Radio, the suit names Gov. Mike Kehoe, the state’s Coordinating Board for Higher Education, and University of Missouri System President Mun Choi.

The governor’s office said it hadn’t been served and doesn’t comment on pending litigation.

Now the numbers. The 2023 federal figure for Missouri was $361.6 million, and the complaint cites it too. Calloway told PBS NewsHour the group would settle for that $361 million.

The $361.6 million and the $223.8 million are different measures, and coverage doesn’t fully reconcile them. So we show both and attribute each.

One more detail from Calloway: Lincoln is no longer majority Black. That’s part of the story too.

Florida: The FAMU Case Is Back

Florida A&M University students sued in 2022. A federal judge dismissed the case in January 2024.

Then, on June 9, 2026, the 11th Circuit Court of Appeals reversed that decision. The court was split. The majority said the lower court weighed the evidence too early, and it did not rule on the merits.

So the case is back in district court. We haven’t found any reported activity since June.

FAMU’s federal figure is $1.97 billion. Third largest on the list.

Georgia: Fort Valley State’s $603 Million Claim

The federal analysis put Fort Valley State University’s gap at about $603 million, compared with the University of Georgia.

According to the AJC, The 1890 Project planned to open talks with Georgia Attorney General Chris Carr in October. The goal is to get the money budgeted in the next legislative session.

No suit has been filed. Calloway told the AJC that litigation is “a last resort.”

The University System of Georgia disputed the 2023 numbers. An earlier 2023 suit by alumni was dropped in July 2024.

Kentucky: KSU Students Take On SB 185

This one is a different kind of fight.

Students and alumni at Kentucky State University filed a federal class action in May 2026 challenging SB 185, the state law restructuring the school. KSU said it was not involved in filing it.

Coverage of the federal suit points to the $172.1 million federal gap, the smallest on the list.

A second suit, from students who aren’t named, was filed in Franklin Circuit Court. The governor was dismissed as a party there.

Hearings on an emergency injunction were scheduled for late July and August 19. As of August 18, the latest report we found, no ruling had been reported.

We’ll update this entry as the courts rule.

The States Pushing Back

Not every state agrees with the math. Let’s be fair about that.

Alabama’s higher education director called the federal calculation “amateuristic,” according to reporting at the time. Virginia Governor Glenn Youngkin rejected the claim in October 2023.

Tennessee is the nuance case. The $2.1 billion is the federal figure. A 2021 state legislative report put the shortfall at about $150 million to $544 million, depending on the formula used, according to the Tennessee Lookout.

And in 2022, Gov. Bill Lee proposed $250 million for TSU campus capital projects, part of a $318 million package. Later reporting described that money as allocated.

Different numbers. Same question: how much is fair?

Some States Have Been Catching Up 📈

Credit where it’s due. The 2023 numbers cover 34 years, and they don’t show recent progress.

Between 2015 and 2020, Arkansas, Kentucky, Maryland, South Carolina, and Virginia provided equal or more state funding to their land-grant HBCUs than to their land-grant flagships, according to the NEA’s 2025 research brief.

Delaware and Ohio went further. Delaware funded Delaware State about $367 million above its counterpart, and Ohio funded Central State about $23 million above.

West Virginia passed a 2023 law requiring the state to fully match federal land-grant funds for West Virginia State University and West Virginia University going forward.

House Speaker Roger Hanshaw said retroactive payment is unlikely, according to WSAZ.

But there’s still a federal matching problem. In fiscal year 2022, six public land-grant HBCUs didn’t get their full state match of federal land-grant dollars, according to USDA data cited by the NEA.

Prairie View A&M and UAPB were at 50%. Florida A&M was at 61%.

This Has Happened Before

Here’s what history says about how these fights end.

• Mississippi (2001): The Ayers case settled for about $503 million for Jackson State, Alcorn State, and Mississippi Valley State.
• Maryland (2021): A federal case ended with a $577 million settlement over 10 years for Morgan State, Bowie State, Coppin State, and the University of Maryland Eastern Shore.
• Tennessee (2022): Gov. Lee proposed $250 million for Tennessee State University capital projects, and 2023 reporting called it allocated.

Those wins took years. They also took students willing to put their names on a lawsuit. ✊🏾

What This Means for HBCU Students

Let’s bring it home.

Funding gaps show up where students feel them every day: housing, labs, classrooms, research dollars, and the programs a school can afford to offer.

And demand keeps climbing. Our record HBCU enrollment this fall coverage shows campuses growing fast.

Record classes. On campuses the states built short. Let that sink in.

Then-Secretary Cardona said it plainly in the 2023 release: HBCUs have had to “punch above their weight.” Real ones know.

If you’re comparing schools, this is one more reason to look past the brochure and ask about facilities and funding. Our HBCU colleges page is a good place to start.

If cost is on your mind, check the HBCU scholarships open now too.

And if you want to see how schools stack up, here are the best HBCUs in 2026.

What to Watch Next 👀

• Missouri: the state’s response to the Lincoln complaint.
• Georgia: whether talks with the attorney general lead to a filing or a funding request before the next legislative session.
• Florida: the FAMU case’s next steps in district court.
• The 1890 Project: talks with attorneys general in Alabama, Arkansas, Georgia, Maryland, North Carolina, and Virginia, according to the AP. Calloway told the AP to expect negotiation or litigation “in multiple jurisdictions over the next year.”

We’ll update this page with every filing, ruling, settlement, or appropriation.

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HBCUs have done more with less for generations. The question on the table is whether “less” was ever fair.

We’ll keep tracking it. That’s the HBCU difference. ✊🏾

Sources

• USDA and Education Department joint release, Sept 18, 2023
• Letters to the 16 governors, Sept 18, 2023 (archived copy)
• PBS NewsHour, Oct 20, 2026
• Atlanta Journal-Constitution, Oct 2026
• St. Louis Public Radio, Oct 7, 2026
• Associated Press, Oct 7, 2026
• NEA Research, Land Grant University Brief No. 2 (June 2025)
• Tennessee Lookout, Feb 10, 2022
• WSAZ, Sept 27, 2023
• Maryland Matters, Apr 28, 2021
• Education Week, May 2001