Only One Fourth-Grader At A California School Can Read At Grade Level. A New Lawsuit Claims The State Is Violating Students’ ‘Constitutional Right To Literacy’

Only One Fourth-Grader at a California School Can Read at Grade Level. A New Lawsuit Claims the State Is Violating Students’ ‘Constitutional Right to Literacy’

This collaborative article with LA School Report explores the potential violation of low-income students’ constitutional right to a basic education at a school in California. The claim suggests that the state’s Department of Education is not providing equal access to literacy education for these students. This lawsuit seeks to establish the constitutional right to literacy, which would be a first in the United States.

Superior Court Judge Yvette Palazuelos will soon make a decision on whether to dismiss the lawsuit, after hearing arguments from both parties in Los Angeles last week. A similar case in Michigan, Gary B. v. Snyder, was recently dismissed by a federal judge who ruled that literacy is not a fundamental right. Public Counsel, the Los Angeles-based law firm involved with the California lawsuit, plans to appeal this ruling.

The California lawsuit, known as Ella T. v. State of California, represents ten students, the majority of whom come from low-income backgrounds and belong to ethnic minority groups. These students attend three different schools in three districts: La Salle Avenue Elementary in LA Unified, Van Buren Elementary School in the Stockton Unified School District, and Children of Promise Preparatory Academy, an Inglewood Unified charter school. Two advocacy organizations, CADRE and Fathers & Families of San Joaquin, are also plaintiffs in the case. CADRE, led by African-American and Latino parents with children attending LA Unified schools, is a community-based organization while Fathers & Families of San Joaquin is based in Stockton.

The lawsuit, filed by Public Counsel and the Morrison & Foerster law firm, argues that the state has violated the students’ fundamental right to education and demands that California ensures evidence-based literacy instruction at all levels. The defendants in the lawsuit are the State of California, the State Board of Education, the California Department of Education, and state Superintendent Tom Torlakson.

The lawsuit was filed due to concerns about the lack of literacy access for students at the three mentioned schools. Alisa Hartz, an attorney from Public Counsel, stated that the inability of these schools to teach children how to read has long-lasting consequences. The lawsuit highlights the low proficiency rates in English language arts, with only 4% of students at La Salle Avenue Elementary scoring proficient on state tests during the 2016-17 school year. Similarly, only one student in the fourth grade at Van Buren Elementary scored proficient. The lawsuit further states that among the largest 200 school districts in the country, California is home to 11 of the 26 lowest-performing districts in terms of literacy and basic education. Stockton Unified School District is ranked third-lowest on this list.

The state has petitioned for the dismissal of the case, arguing that the fact that some students do not read at grade level does not constitute a constitutional violation. The state claims that although a literacy plan was developed in 2011-12, it was never funded or required for adoption. The state points to their efforts in providing funding for local school districts through the Local Control Funding Formula to address educational needs. In their response, the state maintains that a statewide literacy plan is not required by the constitution or statute.

The Ella lawsuit argues that the state failed to implement the literacy plan identified in 2012, or any other targeted literacy remediation plan, in order to ensure students’ access to literacy education. The California Department of Education has not issued a comment on the case.

What comes next?

According to Hartz, the attorney for the Public Counsel, if the judge rules in their favor, they will begin preparing for the trial scheduled for October 2019. She stated, "There will be a lot of activities taking place before the trial, such as gathering evidence, preparing documents, conducting depositions, and everything needed to get ready for the trial."

Hartz also mentioned that the hearing held last week was extensive, lasting over an hour. The judge showed great interest and preparation, asking insightful questions to both parties involved. While she didn’t want to speculate on the outcome, she expressed satisfaction with the fairness of the hearing and eagerly awaited the ruling.

If the court rules in favor of the plaintiffs, what will be required of the state?

The lawsuit demands that the state of California ensure the following:

– Sufficiently trained teachers are available to teach the curriculum and provide personalized assistance when needed.

– Teachers receive the necessary classroom resources and professional development to deliver effective literacy instruction.

– Parents are actively involved in their children’s literacy education, with schools providing them with the tools they need to support their children.

– Schools create an environment conducive to learning, including social-emotional support.

How will the case affect California families?

Hartz emphasized that one’s place of residence should not determine whether they are able to learn how to read. Individuals should have the opportunity to attend their local school and acquire reading skills, and it is the state’s responsibility to ensure that this happens. The inability to read hinders one’s ability to comprehend history textbooks, solve math problems, and ultimately participate in the democratic process and build a successful future.

A resident of Stockton shared his personal experience, revealing how his schools’ failure to teach him to read led him down a path towards imprisonment. Raymond Aguilar, a member of Fathers & Families of San Joaquin, disclosed in a news release at the time of filing the lawsuit that at the age of 16, he was only reading at a fifth-grade level. He stated, "A fifth-grade reading level prevents you from reading your high school history textbook, writing an essay, or understanding the instructions for a chemistry experiment. As a 16-year-old, I couldn’t do any of those things, and instead, I was pushed towards a path that resulted in incarceration." Aguilar also expressed his realization that not much has changed since then, with many children and youth facing the same feelings of hopelessness and despair.