No Excuses — Holding Mich. Accountable | National Education Policy Center

20 Jul

You have to love the ACLU…go get ’em boys!

 

Yet what strikes me most about the new Michigan complaint is its focus on a statutory provision and the decision to pursue something called a “Writ of Mandamus.” When a plaintiff petitions a court for such a writ, the contentions are (1) that governmental officials have a non-discretionary (generally called “ministerial”) duty to execute a law, (2) that the officials have neglected that duty, and (3) that the only real remedy available is for the court to order the officials to do their jobs. In this case, the plaintiffs are asking for enforcement of a statutory provision called “MCL 380.1278(8),” which provides as follows:

“Excluding special education pupils, pupils having a learning disability, and pupils with extenuating circumstances as determined by school officials, a pupil who does not score satisfactorily on the 4th or 7th grade Michigan educational assessment program reading test shall be provided special assistance reasonably expected to enable the pupil to bring his or her reading skills to grade level within 12 months” (emphasis added).

via No Excuses — Holding Mich. Accountable | National Education Policy Center.

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