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