Michigan Settles Recent Detroit Case, Establishes Right to Literacy as a Federal Precedent
Sunday, May 17, 2020, was the 66th anniversary of the landmark education civil rights case, Brown v. Board of Education. America’s continued failure to realize the promise of the Brown decision has been appalling.
Although Brown and follow-up lawsuits ended de jure segregation (the intentional creation, by law, of segregated schools for black and white children), most Americans have found a way legally to persist in educating their children in racially isolated school settings. Two U.S. Supreme Court decisions in the early 1970s are well known for protecting separate and unequal public education: the 1973 decision in San Antonio v. Rodriguez, which found that public education is not a federally protected right under the U.S. Constitution, and the 1974 decision in Milliken v. Bradley, which banned cross-district busing for racial integration. Across many school districts, including the schools in big cities like Detroit, Milwaukee, St. Louis, Los Angeles, and New York, children attend school in buildings that are more racially segregated than they were all those decades ago.
At the end of April, however, in a Detroit case, a three judge panel of the 6th Circuit Court of Appeals established a new precedent, extending federal protection over every student’s right to basic literacy. The worry in recent weeks has been that the decision would be overturned. Michigan’s legislature had requested the full 6th Circuit Court of Appeals to set aside the ruling of its three-judge panel. Many also worried that the U.S. Supreme Court would overturn the decision.
But the further appeal of this case now seems far less likely. Last Thursday, the state of Michigan settled the case and agreed to a financial remedy.
For the Detroit News, Jennifer Chambers and Beth LeBlanc report: “A historic settlement reached between the state and Detroit students calls for $94.5 million in future literacy CONTINUE READING: Michigan Settles Recent Detroit Case, Establishes Right to Literacy as a Federal Precedent | janresseger