Last week Michigan’s Attorney General Dana Nessel filed a legal brief on behave of the state of Michigan agreeing with the Detroit school children who are suing the state of Michigan.  The children, or I should say adults believe that Michigan’s Constitution requires Michigan public schools to provide students with a minimally adequate education.

The students/adults are being represented by a California public interest law firm.  The law firm alleges that due to deplorable building conditions, lack of books, classrooms without teachers, insufficient desks, buildings plagued by vermin, unsafe facilities and extreme temperatures these children are denied an adequate education.

In Attorney General Dana Nessel’s brief she stated:

The time has come to push that door wide open. In fact, it is long overdue. A minimally adequate education cannot be just a laudable goal — it must be a fundamental right. That is the only way to guarantee that students who are required to attend school will actually have a teacher, adequate educational materials, and a physical environment that does not subject them to filth, unsafe drinking water, and physical danger.

I reviewed the Michigan Constitution’s education requirements and nowhere could I find any wording concerning an “adequate” education or criteria in which Michigan school districts must follow.

What does an “adequate” education mean?

When politician’s or lawyers use such ambiguous language be aware.  Adequate to one person can mean something different to another person.  How can the state or any other entity attempt to try to achieve what is required by them if criteria is not actually spelled out.

Article VIII section 2 of the Michigan Constitution states:

The legislature shall maintain and support a system of free public elementary and secondary schools as defined by law. Every school district shall provide for the education of its pupils without discrimination as to religion, creed, race, color or national origin. Nonpublic schools, prohibited aid

Did you read anything about an “adequate” education or for that matter any criteria that must be followed by Michigan school districts to achieve that, I did not.

Currently Michigan citizens fund Detroit schools at a much higher rate than most other schools in Michigan.  It sounds like the failure if any is actually coming from the school district and the administration themselves.

Where is the legal brief on that AG Nessel?

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