On May 14, Governor Gretchen Whitmer and plaintiffs in the Gary B. literacy case, initially filed against Governor Rick Snyder, signed a settlement agreement that resolves all of the plaintiffs’ claims against all of the defendants. This settlement marks a first step toward ensuring children in Detroit and all across Michigan – regardless of where they live – have the right to a quality education.
The state agreed to provide $280,000 to be shared among the seven individual student-plaintiffs to access a high-quality literacy program or otherwise further their education. These funds will be held in trust by the Detroit Public Schools Foundation for the student-plaintiffs. The state also agrees to provide $2.72m to be paid to DPSCD to fund various literacy-related supports. In addition, the governor agrees to propose legislation during her first term that would provide Detroit Public School Community District (DPSCD) with at least $94.4m of funding for literacy-related programs and initiatives.
“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,” Hall added.
“I have always said that every student, no matter where they come from, has a birthright to a quality public education,” said Whitmer.
“Students in Detroit faced obstacles to their education that inhibited their ability to read – obstacles they never should have faced. In the future, I will remain committed to ensuring paths to literacy for children across Michigan. Today’s settlement is a good start, but there’s more work to do to create paths to opportunity for our children. I look forward to working with the legislature to provide funding for Detroit schools and districts across the state to help ensure educators and students have the resources they need for success.”
“This is what the force of history looks like,” said Mark Rosenbaum, director of Public Counsel Opportunity Under Law.
“Almost 66 years to the day that Brown v Board of Education was decided, the Detroit community and Governor Whitmer forged an historic settlement recognizing the constitutional right of access to literacy,” Rosenbaum added. “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.”
“This case is a huge victory for students and families in Detroit and around the state and sets an important precedent that the right to education and literacy is fundamental and enshrined in the U.S. Constitution,” said David Hecker, president of AFT Michigan and Terrence Martin, president of Detroit Federation of Teachers.
“We applaud both the brave students who came forward in 2016 to fight for their rights and Gov. Whitmer for working to settle this case,” Hecker added. “This decision will benefit students both in Detroit and across the state. Every child has a right to receive a quality public education and every child deserves the opportunity to set themselves up for a bright future.”
The governor will request the Michigan Department of Education to advise school districts throughout the state as to how they might use evidence-based literacy strategies, initiatives and programs to improve access to literacy and literacy proficiency, with special attention to reducing class, racial and ethnic disparities.
The governor will also receive recommendations from two Detroit-based tasks forces that will be created to help ensure a quality education for students.
The Gary B et al. v. Whitmer, et al., Case Nos 18-1855/1871 was initially filed against Governor Rick Snyder in 2016. Other defendants besides the governor include the Michigan Department of Education, superintendent of public instruction, the state board of education (SBE), individual SBE members and the Michigan Department of Technology, Management and Budget. This settlement is between the plaintiffs and the governor. The other defendants do not sign the agreement. However, part of the settlement is an agreement by the plaintiffs to release all claims against all defendants.
