14 | DECEMBER 31 • 2020
and was at the top of his class, and he had
never read a novel. He couldn’t write a
three-paragraph essay. But he wasn’t involved
in this lawsuit for himself, but rather for his
siblings so they could have a chance at an
education. So, I just think it was part of their
character in terms of wanting to stand up to
the state and say, ‘You can’t treat us like we’re
less than human.
’”
After some time, Rosenbaum had found
the ideal group of seven students to rep-
resent: a group ranging from elementary
school to high school, to communicate
the full scope of the problem. He began to
assemble his case.
They began by suing then-Gov. Snyder in
2016, claiming that the state is responsible
for the lack of literacy and that students have
a conditional right to a basic minimal edu-
cation. The complaint was then dismissed by
the state. From there, the case went to a fed-
eral district court in Detroit in front of Judge
Stephen Murphy in 2018.
In his decision, Murphy agreed that the
state is responsible for the lack of literacy the
students are experiencing in DPS. But, he
decided, there has never been a case that has
ruled that students have constitutional right
of access to literacy or to a basic minimal
education. There was no constitutional prec-
edent for a “right to read.
”
Rosenbaum appealed Murphy’s deci-
sion to the Sixth Circuit Court of Appeals,
which handles all federal appeals in Ohio,
Tennessee, Kentucky and Michigan. By this
point, Gov. Gretchen Whitmer had been
elected and replaced Snyder as the defendant
in the case. She indicated she was interested
in settling the suit without having it drag out
further, and began negotiations.
In April 2020, for the first time in U.S.
history, the court ruled two-to-one that
every student has a constitutional right to a
basic minimum education. The dissenting
judge, Eric Murphy, voted against the ruling
because he believed that it violated states’
rights to determine their own educational
policies.
After the ruling, Rosenbaum and
Whitmer, the chief defendant in the case,
began confidential settlement discussions
and the case was ultimately settled.
The settlement ensures that the state will
pay a total of $40,000 to each student that
was represented in the case. The money is
to go toward continuing their education or
helping them pay for additional help to make
up for the deficiencies they experienced in
school. $2.7 million is also set to go to the
Detroit Public Schools district.
In addition, Whitmer has promised to
pursue legislation that would bring an addi-
tional $94 million to the district. The money
will go to increasing teacher salary, literacy
aides, literacy coaches, new literacy materials
and fixing up the buildings.
Unfortunately, the court’s finding of a con-
stitutional right to read did not survive. In
May, the Michigan state legislature attempted
to make the court rehear the case, which the
court declined to do in June, on the grounds
that a settlement had already been reached.
In so doing, however, the court vacated all
pending motions in the appeal — including
the finding of the constitutional right.
“Even after we won, the legislature went
into court and said it was too expensive
to give these kids even basic education.
I mean, my God, you know, the schools
would not pass basic health and safety tests,
”
Rosenbaum said. “If the schools were hotels
or restaurants, they would be shut down.
And it is devastating to see how far those
who are in charge will fight and lie to make
sure that kids of color and kids from low-in-
come families don’t have a fair shot.
”
THE AFTERMATH
Although the constitutional right for a basic
minimum education was vacated, Rosenbaum
still hopes that this case will improve the
education of Detroit’s students and resonate
with people throughout the country as a step-
ping-stone for educational growth.
“I think it’s a reinforcement that [the
students’] voices and their lives matter,
”
Rosenbaum said. I think it demonstrates to
them that they can beat back the forces of the
state and that they have a higher moral and
legal ground.
“I think it demonstrates that anti-racist
struggles will prevail. I think these young
people know that they won in terms of deliv-
ering the sorts of resources and opportunities
that they’re entitled to. I think it will make a
difference, but the degree to which it makes a
difference, I don’t think we’re going to know
until the next few years play out.
”
From the beginning, Hill knew that he
wasn’t doing this just for himself, but for his
younger siblings and the younger genera-
tions of students that will go through Detroit
Public Schools. It was never about the money
for Hill; it was the hope that this case will
help make the change that the children in
DPS desperately need.
“We don’t want the money, and we don’t
want a handout,
” Hill said. “We just want an
opportunity and a chance. So, it really set
in that, just as hard as we’re fighting to get
the education we deserve, they’re fighting
10 times harder to make sure that it doesn’t
happen.
“
A lot of times in the city, things get passed
in court and are never implemented; it’s just
a ruling. … So, this money, if it doesn’t go
toward productive things, it can be a waste. If
it doesn’t really truly impact our students and
if we’re not involved in it, then it won’t make
a difference for our students.
”
Hill used the money that he was allotted
from the lawsuit to enroll in college. He
currently resides in Tallahassee, Fla., and
is enrolled at Florida A&M University. He
hopes to continue to fight for the right to
education for students not just in Detroit, but
all around the country.
“This is deeper than just education or just
school,
” Hill said. “It is humanity, and it is
our lives. How can we be productive citizens
to society without education?
“We have to stand up.
”
IN
THE
JEWS D
ON THE COVER
continued from page 13
“FOR ANY OF US TO BE AWARE OF THOSE
SORTS OF INJUSTICES WHILE CHILDREN
IN BLOOMFIELD HILLS AND ANN ARBOR
ARE ON CAMPUSES THAT COULD DOUBLE
FOR COLLEGE CAMPUSES IS NOT RIGHT.”
— ATTORNEY MARK ROSENBAUM