Delayed decision

Detroit students filed a lawsuit seeking the right to an equal education — 18 months later, they’re still in legal limbo

PHOTO: Jammaria Hall
Jammaria Hall, one of the lawsuit plaintiffs who has said he was cheated of his education, sits at Osborn High School.

At Detroit’s Osborn High School, Jammaria Hall often endured classrooms without qualified teachers, books, or enough desks and chairs. He shivered in his coat when the boiler was broken, scorched in warm months, and watched vermin scurry about the building in a school district the state controlled for most of his K-12 education.

Now, Hall is struggling academically as a freshman at Tallahassee Community College in Florida. He takes remedial classes to improve his reading, learn to construct sentences and strengthen basic math skills. He eventually hopes to transfer to nearby Florida A&M University, but for now the aspiring financial planner is working hard just to catch up.

“I was cheated,” the 18-year-old native Detroiter said of his education in the city’s district schools. “So I’m behind. I knew that coming down here. I knew it was going to be about getting help, learning and catching up.”

Eighteen months ago, Hall joined with six other students, parents and teachers to file a federal lawsuit accusing the state of Michigan of failing to provide students access to literacy.

The case could have long-term and sweeping implications for schools across the nation because if plaintiffs here can prove their constitutional right to literacy, students across the country could follow with similar suits. In August, U.S. District Judge Stephen J. Murphy said in court he would decide in 30 days or more whether the 136-page complaint has enough merit to continue. Seven months later, plaintiffs, their supporters and the districts are still waiting.

While the case sits in legal limbo, lawsuit plaintiffs like Hall have moved on to new, equally challenging chapters of their lives while Detroit’s schools — despite attention from a new superintendent and school board — remain among the nation’s most challenged.

The lawsuit is just as relevant today as it was when it was filed in September 2016, said Mark Rosenbaum, a Los Angeles-based attorney representing the plaintiffs.

“The students are still suffering big time from the conditions of their education prior to the filing of the lawsuit despite the bright, energetic, committed superintendent and school board,” he said. “The conditions on the ground have not changed … It’s a direct result of failure in the way the state ran the school district and the failure to provide these young people with the opportunities they deserve.”

He points to Hall as an example.

“Jammaria is going to succeed,” Rosenbaum said. “He’s already succeeded in life, but it’s clear he’s at a material disadvantage compared to other students who had an elementary and high school education appropriate to their desire and intelligence.”

Many Detroit graduates have similar struggles, he added.

“They have not developed foundational skills they should have. My sense of the schools today? We’ve had significant improvement. There is an extraordinary superintendent who’s clearly committed to these young people and realizes the importance of literacy, but the state put these students in a deep and wide hole. You don’t climb out of it without the basic resources to get them what they’ve been missing.”

The state, which declined to comment on the ongoing litigation, argues it can’t be held responsible for literacy in Detroit. Plaintiffs allege the state ran the city’s main district for much of the last two decades, and created school funding and other policies that led to dysfunction in district and charter schools.

In its motion to dismiss the case, the state wrote: “While pointing the finger at Defendants, Plaintiffs ignore many other factors that contribute to illiteracy, such as poverty, parental involvement (or lack thereof), medical problems, intellectual limitations, domestic violence, trauma, and other numerous influences.”

Rosenbaum said he has heard nothing further regarding the case, but added Murphy doesn’t have a reputation for intentionally delaying cases. The plaintiffs and other interested parties are anxious to hear something from the judge who essentially is being asked to decide whether literacy is a constitutional right. If Murphy allows the unprecedented case to continue, some believe it could go as far as the U.S. Supreme Court because it seeks several guarantees of equal access to education, including screening, intervention, and a statewide accountability system.

A major factor of the condition of Detroit’s school system is the district was under some form of state control for much of the last 20 years. A series of state-appointed emergency managers in the main district shuttered scores of schools, forcing some students to travel far from their homes. Many teachers quit or walked out in protest as their pay was cut and their schools deteriorated.

The state took over 15 district schools in 2012 for a state-run recovery district that it then disbanded five years later, while state policy encouraged the rapid expansion of charter schools. Critics say the city’s nearly 100 charter schools have exacerbated problems in the district without creating many high-quality options for children.

With new Superintendent Nikolai Vitti taking over the district last fall along with a newly elected school board that assumed duties at the top of 2017, Shalon Miller, a resource teacher at Cody Medicine and Community Health Academy, a plaintiff in the suit, said some conditions have improved—but not enough.

Shalon Miller

“It doesn’t erase more than a decade of mistreatment of these students in Detroit,” Miller said. “There are a lot of students who didn’t have certified teachers before them for more than a year. You have substitute teacher before you in elementary, middle and high school and you wonder why they are behind.”

The lawsuit “should still hold the state of Michigan accountable on their experiment of black and brown children,” said Miller, who is also a mother, nurse, union leader, and senior sponsor. “It was an experiment, and it failed. You can’t get that time back.”

Conditions remain poor at Cody, Miller said. While some roof repairs have been made, it still leaks and buckets dot hallways on rainy days. Some classes still don’t have teachers. Recruited by the Detroit Public Schools 17 years ago at historically black Kentucky State University, Miller, who hails from Toledo, said the situation is painful.

“It hurts me to see children of color, children that look like myself, children that look like my niece, my nephew, children that look like my family being so disenfranchised,” she said. “I don’t understand why it doesn’t hurt more people.”

Miller believes the impact on the lives of these children may have devastating long-term emotional effects.

“A lot of students already come to school with trust issues. If you have adults that are supposed to be stable, and you’re supposed to have stability at school, what are we doing to these kids?

“School is supposed to be a beacon, a refuge, and it’s not happening. That’s why I feel this lawsuit is so, so important, and why it can change the game — not just in Detroit schools, but in Chicago, Philadelphia, Oakland and all major urban centers having the same problem. It’s a systemic problem, and the lawsuit can right these wrongs.”

For Hall’s good friend, Micah Paul, an Osborn senior, it’s painful to attend school each day. But Paul, who wants to become a plaintiff in the lawsuit, said he tries not to think about it and works to keep a positive attitude.

He’s keenly aware of his environment — mold on the ceiling from a leaking roof, no books to take home to do homework and having to look up lessons on his iPhone 5. If he can, he gets water from a gallon container in his counselor’s office because he refuses to drink from water fountains with lead discovered in the pipes. If he can’t, he remains thirsty or high-tails it to a nearby store for a few sips of bottled water.

He’s fortunate; he has some internet access. Many students can’t even access a cell phone with wi-fi to manage homework.

“It puts them in a hole,” said Paul, who’s studying marketing and earning college credits in a dual program through Wayne County Community College and Wayne State University.

“This is about privilege. I’m not going to say this is white supremacy, but I feel our education should be equal and fair. We should get the same access to education as other students. They get better books, better learning conditions and better everything. For real, for real better. A better education than someone in the city would. But it is what it is.”

meet the candidates

These candidates are running for Detroit school board. Watch them introduce themselves.

Nine candidates are vying for two seats on Detroit's school board in November. Seven submitted photos.

One candidate tells of a childhood in a house without heat.

Another describes the two-hour commute he made to high school every day to build a future that would one day enable him to give back to Detroit.

A third says her work as a student activist inspired her to run for school board as a recent high school grad.

These candidates are among nine people vying for two seats up for grabs on Detroit’s seven-member school board on Nov. 6. That includes one incumbent and many graduates of the district.

Chalkbeat is partnering with Citizen Detroit to present a school board candidate forum Thursday, Sept. 20 from 5:30 p.m. to 8:30 p.m., at IBEW Local 58, 1358 Abbott St., Detroit.

Participants will have the opportunity to meet each candidate and ask questions in a speed-dating format.

In anticipation of that event, Citizen Detroit invited each of the candidates to make a short video introducing themselves to voters. Seven candidates made videos.

Watch them here:

NEW DATA

Michigan’s ‘band-aid’ for filling teaching jobs is expanding. Here’s what you need to know.

PHOTO: Koby Levin
Teachers welcome students to the Southwest Detroit Community School on the first day of school. Seven of the charter's 31 educators last year entered the profession through a fast-track training program.

There aren’t enough qualified teachers to fill classrooms across Michigan — and especially in Detroit. That’s why state officials have opened the door to a controversial way of filling classrooms, loosening restrictions on so-called alternative certifications for educators.

In addition to Teachers of Tomorrow, a fast-track, for-profit teacher certification program that began placing teachers with virtually no classroom experience in schools this year, another for-profit company, #T.E.A.C.H., was recently approved to help expand the state’s teacher pipeline. They’ve joined long-running nonprofit programs like Teach for America, whose corps members typically get some in-classroom training and more hours of teaching classes.

If the expansion continues, it could change the face of schools across the state, in cities like Detroit most of all. In states like Texas — home to Teachers of Tomorrow — nearly half of new teachers take non-traditional routes to certification.

As policymakers gear up for a tug of war over teacher certification, Chalkbeat obtained last year’s teacher certification data for the entire state. The data, alongside interviews with experts in teacher training, painted a picture of where we are now — and where we might be headed.

It shows that teachers with alternative certification are concentrated in Detroit, largely at charter schools, and that they’re disproportionately at a handful of schools.

Scroll down for a list of schools in Michigan that employed at least one teacher with an interim certification last year.

But first — what is alternative certification, again?

In short, it’s an express lane into the teaching profession. Michigan teachers have traditionally attended teacher certification programs that require them to student teach in an actual classroom. By contrast, Michigan’s alternative certification route, which was created under former Gov. Jennifer Granholm, allows anyone with a bachelor’s degree and a 3.0 GPA to start teaching after taking a few courses online and passing a test in the subject they hope to teach. Unlike traditional teacher colleges, these programs don’t require any in-classroom training.

After three years on the job, teachers with alternative certifications can become fully certified if their principal signs off.

This fast-track arrangement is not unusual — almost every U.S. state offers an accelerated route into teaching. But some are much more widely used than others.

The vast majority of Michigan educators still come from traditional, four- or five-year teacher training programs.

It’s not even close. When the state Legislature allowed for an alternate route to teacher certification nearly a decade ago, the policy was billed as an important tool in the struggle to alleviate a statewide teacher shortage. But the 248 educators with “interim certifications” who were employed in Michigan last year amount to little more than a blip in a statewide teacher corps of about 100,000.

A few controversial for-profit certification programs, which were approved to operate in Michigan for the first time last year, hope to change that. Teachers of Tomorrow, whose graduates have begun finding work in Michigan schools, certifies tens of thousands of teachers in 12 states.  And in a promotional video on its website, #T.E.A.C.H, promises to help would-be educators “start teaching almost immediately.” It allows teachers to complete their online training after they have started working in the classroom.

Teachers who go through an alternative certification program are heavily concentrated in Detroit.

Research shows that poor students of color in the U.S. are more likely to be taught by a teacher with an alternative certification. That holds true in Michigan. Two-thirds of the teachers certified through a non-traditional program in the state teach in the city of Detroit, where most students are poor and black or Latino.

This may be because Detroit schools are more willing to hire them. Less than one-twentieth of Michigan’s more than 3,000 schools don’t employ a single teacher with an interim certification. About one-third of Detroit’s schools do.

To be sure, the statewide teacher shortage is particularly punishing in Detroit, where poverty and large class sizes make working in the classroom more difficult. Alternative certification programs have focused their recruiting efforts in the city in an attempt to help fill the gap.

Across the country, cities “are where it’s hardest to get conventional teachers,” said Chester Finn, a senior fellow at the Thomas Fordham Institute, a conservative think tank that has published studies of alternative certification. “Cities are also often where people from Teach for America and other idealistic programs are likely to want to teach.”

Critics say that lowering the barriers to entry into the teaching profession won’t address the deeper problems that plague Detroit schools. And they worry that this quick fix comes with unintended consequences.

“It’s really more like a band-aid, as opposed to addressing the larger issue,” said Christopher Crowley, a professor of teacher education at Wayne State University. “These are experiments, and they’re being tested on certain populations and not others.”

Teachers with alternative certifications can be effective.

It is very difficult to determine whether teachers who take this route perform any worse than their peers, partly because the accelerated programs vary widely in the amount of training and support they give new teachers. Armen Hratchian, director of Teach for America in Detroit, says its program allows teachers to be successful with fewer hours of in-classroom training — known as student teaching — that is common at traditional teacher colleges.

“To help meet the highest standard of teaching here in Michigan, TFA teachers spend over 400 pre-service hours training over the summer, continue to receive intensive coaching and development throughout their first two years, and are monitored and credentialed by the University of Michigan,” he said in an email.

But they are far more likely to leave the profession.

There’s little doubt that teachers who use alternative certification are more likely to leave the profession within a few years. Schools that fill vacancies with such teachers can find themselves in a “vicious cycle” of never-ending hiring, said Desiree Carver-Thomas, an education researcher at the non-partisan Learning Policy Institute, which last month published a list of best practices for combating teacher shortages that does not include alternative certification.

“Most states have been struggling to address teacher shortages for several years, often filling the vacuum with underprepared teachers,” the report reads.

Charter schools hire more teachers with alternative certifications than traditional schools.

Last year, 130 teachers with alternative certification were in charter schools compared with 105 at traditional schools in Michigan. A handful of charter schools have an especially high concentration of these teachers. At the Jalen Rose Leadership Academy, a tiny charter high school on the city’s northern border, nearly half of the 25 teachers at the school last year had not attended a traditional teaching program.

“As the teacher shortage continues to be an ongoing issue, I am always looking to find creative ways to find qualified candidates,” said Wendie Lewis, principal of the Jalen Rose Leadership Academy, in an email. In her experience, teachers who arrive at the school via programs like Teach for America are actually more apt to stay than traditionally certified teachers, perhaps because they promise at the outset to teach for two years.

There are lots of other ways to fight the teacher shortage.

Experts recommend raising salaries, trying to coax retired teachers back onto the job, forgiving student loans for teachers, offering new teachers more mentorship — and the list goes on.

Local governments, philanthropies, and companies have also pitched in, sweetening the deal for teachers by offering discounts on houses and cars for educators in Detroit.

And school leaders in Detroit are already going to extraordinary lengths to fill their classrooms.

Most recently, the city’s main district announced a partnership with the University of Michigan and the Kresge Foundation to, among other things, build a new “cradle to career” school that will feature a beefed-up teacher training program. The idea, in part, is that better-trained, better-supported teachers are more likely to stay in the profession. The district has said it won’t rule out hiring teachers from alternative certification programs, but Superintendent Nikolai Vitti has made clear that he prefers teachers with more training.

“We have to get out of the days of taking any adult that has some education and some certification and placing them in a school, and go to a model where we actually teach teachers how to teach,” Vitti said as he announced the new school on Thursday.

Here’s a list of schools where teachers with alternative certifications were working in Michigan during the 2017-18 school year:

School # Teachers w/ Alt. Cert. Type of school City
Jalen Rose Leadership Academy 11 Charter Detroit
Central High School 9 Traditional Detroit
Voyageur College Prep 8 Charter Detroit
Denby High School 7 Traditional Detroit
Detroit Edison Public School Academy 7 Charter Detroit
MacDowell Preparatory Academy 7 Charter Detroit
Mumford High School 7 Traditional Detroit
Southwest Detroit Community School 7 Charter Detroit
Detroit Enterprise Academy 6 Charter Detroit
Henry Ford Academy: School for Creative Studies (PSAD) 6 Charter Detroit
Voyageur Academy 6 Charter Detroit
Henry Ford Academy: School for Creative Studies – Elementary 5 Charter Detroit
Burns Elementary-Middle School 4 Traditional Detroit
Law Elementary School 4 Traditional Detroit
Southeastern High School 4 Traditional Detroit
Cass Technical High School 3 Traditional Detroit
Cesar Chavez High School 3 Charter Detroit
Clippert Academy 3 Traditional Detroit
Detroit Innovation Academy 3 Charter Detroit
Detroit Leadership Academy Elementary 3 Charter Detroit
Detroit Leadership Academy Middle/High 3 Charter Detroit
Ford High School 3 Traditional Detroit
Pansophia Academy 3 Charter Coldwater
Washington-Parks Academy 3 Charter Redford
Beecher High School 2 Traditional Mount Morris
Benjamin Carson School for Science and Medicine 2 Traditional Detroit
Detroit City West Side Academy for Leadership Development 2 Traditional Detroit
Detroit Prep 2 Charter Detroit
Frontier International Academy 2 Charter Detroit
Linden Charter Academy 2 Charter Flint
New Paradigm Loving Academy 2 Charter Detroit
Nolan Elementary-Middle School 2 Traditional Detroit
Old Redford Academy – High 2 Charter Detroit
St. Catherine of Siena Academy 2 Private Wixom
Trix Academy 2 Charter Detroit
University Preparatory Academy (PSAD) – High School 2 Charter Detroit
University Preparatory Science and Math (PSAD) Middle School 2 Charter Detroit
Webberville High School 2 Traditional Webberville
Western International High School 2 Traditional Detroit
Academy for Business and Technology Elementary 1 Charter Dearborn
ACTech High School 1 Traditional Ypsilanti
Advanced Technology Academy 1 Charter Dearborn
All Saints Catholic School 1 Private Canton
Alternative Educational Academy of Iosco County 1 Charter East Tawas
Ann L. Dolsen Elementary School 1 Traditional New Hudson
Arno Elementary School 1 Traditional Allen Park
Avondale High School 1 Traditional Auburn Hills
Avondale Middle School 1 Traditional Rochester Hills
Bendle Middle School 1 Traditional Burton
Botsford Elementary School 1 Traditional Livonia
Brenda Scott Academy for Theatre Arts 1 Traditional Detroit
Capstone Academy Charter School (SDA) – South Campus 1 Charter Detroit
Cesar Chavez Middle School 1 Charter Detroit
Chandler Park Academy – Middle School 1 Charter Harper Woods
Chelsea High School 1 Traditional Chelsea
Communication and Media Arts HS 1 Traditional Detroit
Conner Creek Academy East – Michigan Collegiate 1 Charter Warren
Crescent Academy Elementary 1 Charter Southfield
Crestwood High School 1 Traditional Dearborn Heights
Croswell-Lexington High School 1 Traditional Croswell
Dansville High School 1 Traditional Dansville
Dearborn High School 1 Traditional Dearborn
Detroit Achievement Academy 1 Charter Detroit
Detroit Collegiate High School 1 Charter Detroit
Detroit Delta Preparatory Academy for Social Justice 1 Charter Detroit
Detroit Edison Public School Academy – High School 1 Charter Detroit
Detroit Merit Charter Academy 1 Charter Detroit
Detroit School of Arts 1 Traditional Detroit
Dickinson East Elementary School 1 Traditional Hamtramck
East Arbor Charter Academy 1 Charter Ypsilanti
Eastpointe High School 1 Traditional Eastpointe
Ecorse Community High School 1 Traditional Ecorse
Escuela Avancemos 1 Charter Detroit
Fitzgerald Senior High School 1 Traditional Warren
George Washington Carver Elementary School 1 Charter Highland Park
Grand Ledge High School 1 Traditional Grand Ledge
Hamtramck High School 1 Traditional Hamtramck
Harrison High School 1 Traditional Farmington Hills
Henry Ford Academy 1 Charter Dearborn
Holy Family Regional School 1 Private Rochester
Hope of Detroit Academy – Elementary 1 Charter Detroit
Horizon High School 1 Traditional Hamtramck
Inkster Preparatory Academy 1 Charter Inkster
International Academy of Flint (K-12) 1 Charter Flint
Jackson Christian School 1 Private Jackson
Jackson ISD Local Based Special Education Programs 1 ISD School Jackson
Kensington Woods Schools 1 Charter Lakeland
Kosciuszko School 1 Traditional Hamtramck
Legacy Charter Academy 1 Charter Detroit
Lindemann Elementary School 1 Traditional Allen Park
Litchfield High School 1 Traditional Litchfield
Lowrey Middle School 1 Traditional Dearborn
Madison High School 1 Traditional Madison Heights
Mary McLeod Bethune Elementary-Middle School 1 Traditional Detroit
Maybury Elementary School 1 Traditional Detroit
Medicine and Community Health Academy at Cody 1 Traditional Detroit
Michigan Connections Academy 1 Charter Okemos
Multicultural Academy 1 Charter Ann Arbor
Munger Elementary-Middle School 1 Traditional Detroit
Murphy Academy 1 Charter Detroit
Noble Elementary-Middle School 1 Traditional Detroit
Northeast Elementary School 1 Traditional Jackson
Northridge Academy 1 Charter Flint
Novi High School 1 Traditional Novi
Novi Woods Elementary School 1 Traditional Novi
Osborn Academy of Mathematics 1 Traditional Detroit
Owosso High School 1 Traditional Owosso
Oxford Crossroads Day School 1 Traditional Oxford
Pershing High School 1 Traditional Detroit
Reach Charter Academy 1 Charter Roseville
Redford Service Learning Academy Campus 1 Charter Redford
Redford Union High School 1 Traditional Redford
Regent Park Scholars Charter Academy 1 Charter Detroit
Renaissance High School 1 Traditional Detroit
Royal Oak High School 1 Traditional Royal Oak
Salina Intermediate 4 – 8 1 Traditional Dearborn
Saline High School 1 Traditional Saline
South Lake High School 1 Traditional Saint Clair Shores
South Pointe Scholars Charter Academy 1 Charter Ypsilanti
Thornton Creek Elementary School 1 Traditional Novi
University Preparatory Academy (PSAD) – Elementary 1 Charter Detroit
University Preparatory Science and Math (PSAD) High School 1 Charter Detroit
University Yes Academy 1 Charter Detroit
Washtenaw International High School 1 ISD School Ypsilanti
Woodworth Middle School 1 Traditional Dearborn
Ypsilanti STEMM Middle College 1 Traditional Ypsilanti

Source: Michigan Department of Education