MISSISSIPPI LEGISLATURE
2017 1st Extraordinary Session
To: Rules
By: Representatives Sykes, Clarke, Anderson, Bailey, Banks, Bell (65th), Burnett, Calhoun, Clark, Denton, Dixon, Dortch, Ellis, Faulkner, Gibbs (36th), Gibbs (72nd), Hines, Holloway, Huddleston (30th), Hudson, Hughes, Jackson, Johnson (94th), Karriem, Mickens, Middleton, Paden, Perkins, Scott, Straughter, Thomas, Walker, Watson, Williams-Barnes, Wooten, Young
A RESOLUTION URGING SUPPORT OF MISSISSIPPI'S PUBLIC HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND URGING ACTION TO PROTECT AND UPGRADE SUCH COLLEGES AND UNIVERSITIES.
WHEREAS, Mississippi has three public historically Black colleges and universities (HBCUS), Alcorn State University (ASU), Jackson State University (JSU) and Mississippi Valley State University (MVSU) that are in need of the following actions in order to protect and upgrade them by: designating JSU as Mississippi's preeminent public urban research university; reviving and passing bond dormitory legislation from the 2017 Regular Session for ASU, JSU and MVSU and by passing legislation mandating permanent alumni representation for ASU, JSU and MVSU on the Board of Trustees of the State Institutions of Higher Learning; and
WHEREAS, the 63rd anniversary of Brown vs. Board of Education, which was decided May 17, 1954, has the clear message: Today, education is perhaps the most important function of state and local governments. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society. It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very foundation of good citizenship. Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms; and
WHEREAS, the Brown litigation led to the filing of a higher education desegregation lawsuit Ayers v. Waller, January 1975, which resulted in the Jake Ayers plaintiffs prevailing in the United States Supreme Court decision in U.S. and Ayers v. Fordice in 1992; and
WHEREAS, the court stated, despite its decisions in Brown I and II, Mississippi's policy of de jure segregation continued, and the 1981 "Mission Statement" froze in financing facilities, land grant functions, program offerings and accreditation into three categories, comprehensive with the greatest existing resources and program offerings where the University of Mississippi, Mississippi State University and the University of Southern Mississippi, the exclusively White universities, and JSU, the sole urban university, was assigned more limited research and degree mission, and the regional universities, Delta State, Mississippi University for Women, ASU and MVSU, were assigned a more localized mission; and
WHEREAS, the Supreme Court standard in the U.S. and Ayers v. Fordice is that if a state perpetuates policies and practices traceable to its prior system that continues to have segregative effects - whether by influencing student enrollment decisions or by fostering segregation in other facets of the university
system - and such policies are without sound educational justifications and can be practicably eliminated, the state has not satisfied its burden of proving that is has dismantled its prior system. 505 U.S. 717 (1992); and
WHEREAS, no historically Black institution offered a professional degree in programs such as law, medicine, dentistry or pharmacy and the so-called programs at JSU that could lead to professional degree status are being dismantled, downsized and/or consolidated and are without sufficient accreditation for the first class bodies that grant the same; and
WHEREAS, Morgan State University on May 25, 2017, was designated Maryland's "preeminent public urban research university" and although this upgrade is under litigation having already been adjudicated liable for racial discrimination in various aspects of program operation in Maryland, it is the sense of the Legislature, or at least many, that reopening old wounds and fighting another decade over the state system of higher desegregation is not in the public interest of the State of Mississippi; and
WHEREAS, by designating JSU as Mississippi's "preeminent public urban research university" will not cost the State of Mississippi any funding, however, there will be those who will challenge this assertion, but the state will not be released from its affirmative obligation to upgrade Southern Association of Colleges and Schools (SACS), and the three young start-up programs in public health, environmental technology and engineering with PhD programs and other programs are essential for the fulfillment of its current mission; and
WHEREAS, the bond dormitory legislation that was not passed during the 2017 Regular Session should be revived for ASU, JSU and MVSU; and
WHEREAS, historical disparities in funding has created an accumulated deficit to the disadvantage of the public historically Black institutions; and
WHEREAS, the Institutions of Higher Learning (IHL) Board that was created in 1932 and consisted of 13 trustees and from 1932 to 1972 all such trustees were White, and the University of Mississippi had the LaBuve fund seat for four years in which the trustee from the university voted on matters affecting Ole Miss and one month before a district court was to decide on matters concerning the LaBuve seat - the seat was abolished; and
WHEREAS, ASU, JSU and MVSU do not have alumni on the IHL Board, thus their aspirations, desires and interests have not been carried out by "others," some of whom might be of the same race, but their hearts, souls and minds cannot be that of a Brave, Tiger or Delta Devil; and
WHEREAS, the status of ASU, JSU and MVSU should be upgraded by mandating that alumni be selected for the IHL Board and that such board become consistent with the policies and practices that has never excluded the University of Mississippi or Mississippi State from having a representative on the IHL Board; and
WHEREAS, the State of Mississippi knows the importance of providing equality in funding and representation for all of its public universities and colleges:
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, That we do herby urge the following: the designation of JSU as Mississippi's preeminent public urban research university; the revival and passage of bond dormitory legislation from the 2017 Regular Session for ASU, JSU and MVSU and the passage of legislation mandating permanent alumni representation for ASU, JSU and MVSU on the Board of Trustees of the State Institutions of Higher Learning.
BE IT FURTHER RESOLVED, That copies of this resolution be furnished to the members of the Capitol Press Corps.