Michigan Court Rules That State Has No Obligation To Provide Children With Education

[avebury]

This so does not bode well for our country if the decision spreads nationwide. I can see Republicans and the Tea Party crowd using it to defund education. I am surprised that there does not seem to be reporting on this outside of Michigan.


Michigan Court Rules That State Has No Obligation To Provide Children With Education
Author: Wendy Gittleson November 20, 2014 9:25 pm

Many days, it seems that all the advances our country has made are being dismantled one court decision at a time. A recent decision in Michigan, which has largely flown under the radar, should it hold up on a national level, could mean that poor children will have no access to education.

On November 7, the Michigan Court of Appeals ruled that one poverty-stricken school district didn’t have to provide a quality education to children.

A 2-1 decision reversed an earlier circuit court ruling that there is a “broad compelling state interest in the provision of an education to all children.” The appellate court said the state has no constitutional requirement to ensure schoolchildren actually learn fundamental skills such as reading — but rather is obligated only to establish and finance a public education system, regardless of quality. Waving off decades of historic judicial impact on educational reform, the majority opinion also contends that “judges are not equipped to decide educational policy.”

“This ruling should outrage anyone who cares about our public education system,” said Kary L. Moss, executive director of the American Civil Liberties of Michigan. “The court washes its hands and absolves the state of any responsibility in a district that has failed and continues to fail its children.”


http://www.addictinginfo.org/2014/11/20/michigan-court-rules-that-state-has-no-obligation-to-provide-children-with-education/

[Wella]

1. The broker cities get, the more we will see these kinds of rulings

The 2008 Wall Street bubble/crash destroyed many municipalities. There are towns in California (ground zero for the housing bubble) that are trying desperately to get out of pension obligations and other public services because they literally can't afford it.

"The appellate court said the state has no constitutional requirement to ensure schoolchildren actually learn fundamental skills such as reading — but rather is obligated only to establish and finance a public education system, regardless of quality. "

This ruling does not say that there is no obligation for an education system to exist: there clearly is. What the ruling says is that there is no quality metric that the system legally has to meet. A lot depends on what the decision defines as "required." If a ruling allows a school district to have dangerous school buildings, bad plumbing, unqualified teachers, etc., then this decision is an outrage. However, if the ruling is merely saying that the school district can be released from its obligation to provide expensive "extras", such as high-priced computer equipment, sports programs, etc., then maybe it's not such a bad thing to give this municipality some room to breathe.

[avebury]

2. I really believe that the 1%ers and Ruling elite

would prefer an ignorant country that would not be able to effectively rise up against them.

[Wella]

4. I absolutely agree with that. My question is, what was the court case about?

What was not being provided that caused the plaintiff to go to court?

[Wella]

8. OK, found the original case: it was against a charter school whose kids couldn't read at level

This is very bad news. I thought, at first, that the case might have been about not providing extras or expensive equipment. It's not. It really is about basic skills. The judge is protecting the Charter with this ruling. I think someone should check that judge's investments and campaign donations.

http://michigancitizen.com/court-rules-michigan-has-no-responsibility-to-provide-quality-public-education/

The decision dismisses an unprecedented “right-to-read” lawsuit filed by the ACLU of Michigan in July 2012 on behalf of eight students of nearly 1,000 children attending K-12 public schools in Highland Park, Mich. The suit, which named as defendants the State of Michigan, its agencies charged with overseeing public education and the Highland Park School District, maintained that the state failed to take effective steps to ensure that students are reading at grade level.

“Let’s remember it was the state that turned the entire district over to a for-profit charter management company with no track record of success with low performing schools,” said Moss. “It is the state that has not enforced the law that requires literacy intervention to children not reading at grade level. It is the state’s responsibility to ensure and maintain a system of education that serves all children.”

In a dissenting opinion, appellate court judge Douglas Shapiro accused the court of “abandonment of our essential judicial roles, that of enforcement of the rule of law even where the defendants are governmental entities, and of protecting the rights of all who live within Michigan’s borders, particularly those, like children, who do not have a voice in the political process.”

[JDPriestly]

19. The parents need to change this trough their activism.

The State of Michigan needs to change its Constitution to insure the right of all children to a decent public education that teaches them the basic skills that they are capable of learning.

[Wella]

23. I'm just hoping they will do it

And we need to help. Donating money, time, whatever. This is far too important to let others do it.

[roguevalley]

18. Fuck michigan. If they let three people hold their children hostage, then wtf? recall them.

[Xipe Totec]

3. Implied Warranty of Merchantability

Implied warranties come in two general types: merchantability and fitness. An implied warranty of merchantability is an unwritten and unspoken guarantee to the buyer that goods purchased conform to ordinary standards of care and that they are of the same average grade, quality, and value as similar goods sold under similar circumstances. In other words, merchantable goods are goods fit for the ordinary purposes for which they are to be used. The Uniform Commercial Code (UCC), adopted by most states, provides that courts may imply a Warranty of merchantability when (1) the seller is the merchant of such goods, and (2) the buyer uses the goods for the ordinary purposes for which such goods are sold (§ 2-314). Thus, a buyer can sue a seller for breaching the implied warranty by selling goods unfit for their ordinary purpose.

[elleng]

7. That's the Uniform COMMERCIAL Code,

and is not related to state's obligations. Unfortunately it appears Michigan doesn't have a constitution requiring education.

[Xipe Totec]

9. There is a general definition of what an education is, by which merchantability can be measured. nt

[Wella]

10. The state purchased the services of a charter school

There should be some way to attack it on that front.

[elleng]

13. Maybe/Maybe not.

They probably have a contract with the charter school, and what the school ' held out' as it's product and promise would be relevant.

[Wella]

14. Yes, the devil is in the details

But this ruling needs to be overturned. I do think the next move for the ACLU and the plaintiffs/allies is to look into whose political campaigns are funded by the company that runs the charter, and what the judge's connection is as well. I wonder also how many MI lawmakers own stock in that company.

[Dustlawyer]

21. I think that this is a good analogy since the taxpayers are paying for their kids education.

Unfortunately, I don't think the U.C.C. Applies here.

[ekcpllc]

22. You're right; the UCC does not apply to services like education

But perhaps contract law or misrepresentation would. Michigan even has an innocent misrepresentation claim where the person didn't intend to defraud the person when the statement was made.

[elleng]

5. Many states' constitutions require such.

who'da'thunk Michigan was NOT one of those?

[TheKentuckian]

6. Apparently government is for forced ultrasounds, wacking brown folks overseas, greasing the wheels

for big business, locking brothers up for bullshit, snooping the communications of taxpaying citizens,and general dictation of what we do with our own bodies.

If that is all you have to offer then keep it.

[procon]

11. There is no Class War... right???

So why do the gaps between the Haves and the Have Not keep growing, and how much longer will it be before the wealthy architects of the new Feudal America categorize all of us 99 percenters as their serfs?

[Wella]

17. This is not so much about "class war" as it is about corporatization of basic public functions

The two are related, but corporatization is the method through which the class war will be won. It is also a method for controlling educational content without having to deal with citizens demanding rights. Charter schools are corporations and if you have a complaint, you'll have to call their customer service center in some place across the ocean where they have cheap labor answering your call.

[Wella]

12. This decision protects a charter school while destroying the children's right to education

The state knew that the charter had a bad track record and subcontracted to them anyway. (Some politician made money off of that deal.)

Here's a link to the details of the case:

http://michigancitizen.com/court-rules-michigan-has-no-responsibility-to-provide-quality-public-education/

[ctaylors6]

15. I think this is the opinion ...

http://caselaw.findlaw.com/mi-court-of-appeals/1683575.html

I haven't read it yet. I assume the Michigan Supreme Court will hear it next.

[Rex]

16. Nobody ever needed big book learnin. We be well enough with chic tracts.

Good is better than Great!

[world wide wally]

20. Another step toward establishing the two class system; the aristocracy and the working class

Their ultimate goal.