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History is Made: Groundbreaking Settlement in Detroit Literacy Lawsuit
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May 14, 2020
A historic agreement was reached today between the plaintiffs and Michigan Governor Gretchen Whitmer in the Gary B. v. Whitmer literacy suit. The agreement will preserve a groundbreaking opinion by the Sixth Circuit Court of Appeals which held that a basic minimum education, including literacy, is a Constitutional right, and includes an immediate infusion of resources to improve literacy education for public school students in Detroit, with a long term commitment from Governor Whitmer to secure more funding.
“This is what the force of history looks like. Almost 66 years to the day that Brown v. Board of Education was decided, the Detroit community and Governor Whitmer forged a historic settlement recognizing the constitutional right of access to literacy,” said Mark Rosenbaum, Director of Public Counsel Opportunity Under Law. “By accepting the Court’s decision that a minimum basic education is a foundational requirement for full participation in our democracy, Governor Whitmer is acknowledging that no child should be denied his or her right to fully pursue the American Dream based on the color of their skin or their family’s income. While there is much work left to be done, today’s settlement paves the way for the State of Michigan to fulfill its moral obligation to provide equal educational opportunities to children that have been denied a fair shake for far too long. This victory is their victory, and in this moment the children and their families and the teachers of Detroit have taught a nation what it means to fight for justice and win.”
A summary of key terms in the settlement agreement includes:
- The Governor agrees to propose legislation that would provide DPSCD with at least $94.4 million of funding for literacy-related programs.
- The state agrees to provide $2.72 million to Detroit Public Schools (DPSCD) Community District to fund literacy-related supports.
- The state agrees to provide $280,000 to the seven individual student-plaintiffs to access a high-quality literacy program or otherwise further their education.
- DPSCD will no longer be prohibited by the state of Michigan from issuing bonds for capital expenditures under the same terms and conditions as any other school district in the state.
- The creation of two Detroit-based tasks forces to monitor the quality of educationin Detroit and advise the Governor – one composed of students, parents, literacy experts, teachers, a paraprofessional, and other community members; and one composed of members selected by the Governor.
The case originated in 2016 when seven brave Detroit students filed a class action asserting that the State of Michigan had deprived Detroit public school students of their constitutional right of access to literacy. The filing was the first of its kind in the nation, and sought to vindicate the rights of Detroit students who were forced to attend unequal schools with inferior resources.
On April 23, 2020, the Sixth Circuit Court of Appeals sided with the Detroit students, holding that under the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution, all children have a constitutional right to a “basic minimum education.” This historic decision was the first time a court has held that there is a fundamental federal right of access to literacy. Read the decision HERE.
“Today, I’m overwhelmed with joy for the opportunities this settlement opens up for students in Detroit," said Jamarria Hall, a 2017 graduate of Osborn High School and part of the class of plaintiffs in Gary B. v. Whitmer. "Starting this journey four years ago, parents and students knew we wanted a better education, and now to really be heard for the first time means everything.”
The students are represented by Public Counsel, the international business law firm Sidley Austin LLP, which is handling the case pro bono, Michigan law firm Miller Cohen PLC, University of Michigan Law School Professor Evan Caminker, and University of California, Berkeley Law Dean Erwin Chemerinsky.
- See Background Materials and Supporting Legal Documents: detroit-accesstoliteracy.org/
Media
- Washington Post, "Michigan settles historic lawsuit after court rules students have a constitutional right to a ‘basic’ education, including literacy", 5/14
- Wall Street Journal, "Settlement Reached in Landmark Detroit Public-School Lawsuit", 5/14
- Associated Press, "Michigan settles suit after landmark right to read ruling", 5/14
- Michigan Live, "State to pay seven student plaintiffs, Detroit schools in right-to-literacy lawsuit settlement", 5/14
- The Detroit News, "Settlement for Detroit literacy lawsuit eyes nearly $100M in funding", 5/14
- Politico Pro, "Michigan governor agrees to settle landmark suit on a child's right to an education", 5/14
- WLNS, "Landmark Gary B. Literacy Case settlement will provide Detroit public schools with funding for quality education", 5/14
- WXYZ, "Students who sued Michigan for "right to literacy" reach settlement", 5/14
- Detroit Metro Times, "Detroit right-to-literacy settlement includes payments to student plaintiffs, $94.4M proposed legislation for district", 5/14
- Detroit Free Press, "Whitmer settled the Detroit literacy lawsuit. What that means (and what it doesn't)", 5/14
- TV6 Fox/UP, "Gov. Whitmer, plaintiffs announce settlement in landmark Gary B. literacy case", 5/14
- National Law Review, "Michigan Settlement Attempts to Moot Potential En Banc Review of Right-to-Literacy Ruling", 5/14
- The Guardian, "Michigan forced to recognize right to literacy after students take legal action", 5/14
- CNN, "Michigan settles right to education lawsuit after court rules it a constitutional right", 5/14
- Bridge Magazine, "Michigan settles Detroit schools lawsuit, acknowledges a right to literacy", 5/14
- The Center Square, "Gov. Whitmer settles literacy case with Detroit students", 5/14
- Chalkbeat Detroit, "Gov. Whitmer proposes $94.4 million for Detroit district in literacy lawsuit settlement, but needs approval from GOP lawmakers", 5/14
- Education Week, "Settlement Reached in Detroit Case on Access-to-Literacy Right", 5/14
- Detroit Free Press, "What Whitmer promised group of Detroit school students in literacy settlement", 5/14
- Courthouse News, "Michigan Agrees to Settle Detroit Literacy Rights Case", 5/15
- APM Reports, "Michigan reaches settlement in landmark right-to-literacy case", 5/15
- The Hill, "State of Michigan agrees to settle lawsuit to improve literacy in Detroit schools", 5/15
- WDET, "Does Whitmer’s 'Right to Literacy' Settlement Go Far Enough?", 5/15
- Providence Journal, "Settlement in Detroit ‘right to read’ lawsuit could herald success for student’s case against Rhode Island Department of Education", 5/15
- The North Star, "66 Years After Historic Brown v. Board of Education Ruling, Michigan Settles Right to Education Lawsuit", 5/17
- Click on Detroit, "How the landmark ‘Right to Read’ ruling will affect more than Detroit schools", 5/18
- Michigan Chronicle, "Governor Whitmer Agrees to Settlement in Historic Literacy Case", 5/18
- Colorlines, "Detroit Students Sued for Literacy and Won", 5/18
- Yes Magazine, "Basic Education Is Now a Constitutional Right", 5/18

