The legal debate over access to literacy leads to questions about health equity
“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.”
- Article VIII, Sec. 2, Constitution of Michigan, 1963
By Dennis Archambault
Detroit, one of the most challenging environments for public education in the country, is leading a debate on whether access to literacy is a right (https://www.detroitnews.com/story/news/education/2019/10/23/students-allege-lack-books-classrooms-without-teachers-deplorable-building-conditions-deprived-them/3908847002/). It’s interesting that at a time of seemingly overwhelming conservative sentiment on social issues, seven Detroit school students are asserting their right to literacy – specifically “access to literacy” – which causes one to think about the public’s right to access to health care.
The State of Michigan ensures that public education is provided throughout the state. But does it have to adequately fund and staff the system?
Perhaps the most intriguing comments in the News article come from Laurence Tribe, a professor of constitutional law at Harvard University arguing that the poorly funded school districts in the country are contributing to a “permanent underclass.” The Supreme Court validated mandatory K-12 education as “necessary to prepare citizens to participate effectively and intelligently” in an open political system. Likewise, literacy is also required to prepare people to participate effectively and intelligently in ensuring their health.
Constitutional challenges aside, the inequity experienced by students in Detroit and other critically under-funding and under-performing schools is tied to health inequity, which is not ensured by either state or federal constitutions.
Even if the students were to win their case, will “access to literacy” solve the problem of illiteracy? The word access means “entrance.” To ensure that you have an entrance to literacy means there is a school that’s open to you and creates a sense of belonging. And to ensure an entrance to the health system means a health facility is open to you. If there are no books or teachers and if the overall educational environment is poor, will you achieve literacy? Likewise, if you have access to a substandard health facility, will you have health? And if the influences in your life prevent you from actualizing the opportunity in either, what good is the right of entrance?
Mark Rosenbaum, the lead attorney for the Detroit students, believes federal law should protect their right to “access to literacy.” The question for health advocates goes beyond that. How do we ensure literacy? How do we ensure that the social determinants promote, not diminish, health?
Dennis Archambault is vice president of Public Affairs for Authority Health.