The argument that literacy is a fundamental right, one that states are constitutionally bound to provide to all of its students, isn’t a new one. A precedent was set in the U.S. Supreme Court back in the 1970s, which found that education was not a fundamental right under the U.S. Constitution.
Similar litigation was filed by the ACLU in 2012 on behalf of Highland Park, Michigan students. The Michigan constitution states that “the Legislature shall maintain and support a system of free elementary and secondary schools.”
