ACLU Sues Because Kids Can't Read
WHITFIELD: All right, before the break, we were talking about the ACLU suing a Michigan School District for failing to teach most kids to read at their grade level. Let's bring in our legal guys, Avery Friedman, a civil rights attorney and law professor in Cleveland. Good to see you.</s>AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hello, Fredricka.</s>WHITFIELD: Hello, and Richard Herman in New York, criminal defense attorney and law professor, joining us from Las Vegas. Good to see you as well.</s>RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hi, Fredricka.</s>WHITFIELD: All right, this is heartbreaking, isn't it? Especially to hear the testimony of young kids who say they feel like the school district failed them. So we're talking about Highland Park School District being under fire for having too many kids not meet literacy standards. So I wonder, Avery, how will the ACLU try to establish if there is intent or wilful negligence as it pertains to these kids not being able to read more proficiently?</s>FRIEDMAN: Well, I love this case, Fredricka. This is such a creative piece of litigation and they're basically saying there's a constitutional right to literacy. And they derive that by saying if the government provides for public education that assumes that when you send children to school that there will be research-based teaching. There will be objective standards and measuring for literacy. So the brilliance of this lawsuit is recognizing that the state hasn't done it. What they'll have to do. It's not a matter of money in Highland Park, Fredricka, they play $14,000 to $16,000 a student, a pupil, which is among the highest expenditures in the state. So what the ACLU wants is for the court to say, yes, there's a constitutional right to literacy. Let's use science. Let's use objective standards. That should make a difference. That's the assumption that the case makes.</s>WHITFIELD: And so Richard, so it's not an issue of money. It's not an issue of the state of economics, but is there intent or will the ACLU try to establish that there is intent? There is an effort that this school district is making to fail its students?</s>HERMAN: I think the ACLU is going to establish how utterly incredibly devastating this program is. These students are getting annihilated, Fred. I like how the school district says we're going to move for dismissal. We recognize there's a problem, but the courts aren't the way to solve it. The courts, unfortunately, are the only way to solve it right now because nobody's standing up there and nobody is doing the right thing. When less than 10 percent of your students in middle school and high school graduate on proficient levels, I mean, come on. These students are not going to get into colleges. If they do get into colleges they're not going to be able to handle the workload there. Avery talks about amount per student they spend.</s>FRIEDMAN: You need objective standards. You can't just say, well, that's the way it is, it's terrible. It's not money. It's idea of creating science-based teaching, a wonderful idea, to make people accountable. That's what the power of this lawsuit is all about. It's an extraordinary thing and a wonderful thing to happen.</s>HERMAN: Fred, it will open up --</s>FRIEDMAN: The state school board hasn't done it. There's no alternative to this.</s>WHITFIELD: OK, meantime, the state of Michigan has moved to be dismissed from this lawsuit, acknowledging that the school district is in, quote, "terrible shape," but arguing that, quote, "a lawsuit is not a path to literacy." So it will be interesting to see where this goes, especially without the state's participation in all of this, gentlemen.</s>HERMAN: That's not going to be dismissed, Fred. It's not going to be dismissed.</s>WHITFIELD: You don't see the court accepting that motion?</s>HERMAN: That's right.</s>WHITFIELD: All right, let's move on to another case. I know you all can tackle this one. This involving a Chicago mother, her football playing son and taking on the Chicago public schools. Darrien Boone, a quarterback for the high school football team has a frightening brush with death being held up near his school. His mother, Beverly Boone says I'm taking my kid out of this school, moving him to a vocational school. And hoping that he can continue to play football, but the Chicago School District says he's ineligible to play. For how long would he be ineligible, Richard, or is there something wrong with that decision by the Chicago School District?</s>HERMAN: You know, Fred, high school football's gotten so big and what's happened is sometimes students are changing schools in order to get a starting position at a particular high school. They're shopping, high school shopping for football. That is a problem prevalent throughout the United States. So these school districts enact these laws that require the students when they transfer in the same school district area, they have to sit out a year. That's usually what it is. It's like that way all over the country. Here, this young man transferred two different high schools in that jurisdiction and school says, look, you can't play. There are hardship appeals that can be filed. The schools do not compete against each other. He left it because he was held at gunpoint. What better reason to leave a school? So I think in the end, he's going to be able to play.</s>WHITFIELD: Avery?</s>FRIEDMAN: There's a missing piece here. How come mom simply didn't go to the district and say, we face this life-altering violence so we have to change. In other words, petition the school district before you unilaterally make the decision to move. Look, as of yesterday, by the way, the Chicago public schools have a brilliant new superintendent, Barbara Bird Bennett. She's fabulous. I think a superintendent in the district will take a look at this. They're facing a potential temporary restraining order. I actually think that the family has a chance at getting this transfer approved, but Richard's right. The fact is some kids transfer just to increase opportunities for football opportunities. This is a legitimate one. I think the Boone family will prevail in the case.</s>WHITFIELD: This constitutes that hardship appeal. All right, gentlemen, thanks so much.</s>FRIEDMAN: Yes.</s>WHITFIELD: More from you in about 20 minutes. The Maryland McDonald's worker who insisted that she won that mega millions jackpot, but that she lost her ticket. Well, her co-workers haven't forgotten this case. They have a beef with her that they want to set until court now. We'll see you in 20. Five years ago this month, a Montana father lost his daughter to a drunk driver. Well, now he has set out on a mission to protect all children of his community from the same fate. Meet "CNN Hero" Leo McCarthy.</s>LEO MCCARTHY, COMMUNITY CRUSADER: October 27, 2007, was a beautiful autumn day. Mariah was with her two friends. I didn't know the last time I kissed her would be the last time. Later that night, they were walking down this path, when an underage drunk driver swerved off the road and hit them. Mariah landed here. She died that night. They were only a block away from my house. Mariah was only 14, and I'm thinking how did this happen? It's so preventable. My name is Leo McCarthy. I give kids tools to stay away from drinking. Our state has been notoriously top five in drinking and driving fatalities in the country. The drinking culture, it's a cyclical disease that we allow to continue. Mariah's challenge is to be the first generation of kids to not drink. In the eulogy, I said if you stick with me for four years, don't use alcohol, don't use illicit drugs, I'll be there with a bunch of other people to give you money to go to secondary school.</s>UNIDENTIFIED FEMALE: I promise not to drink until I am 21.</s>UNIDENTIFIED FEMALE: I promise not to get into a car with on someone who has been drinking.</s>UNIDENTIFIED MALE: I promise to give back to my community.</s>MCCARTHY: I think Mariah's challenge is something that makes people think a little bit more, to say we can be better. Mariah is forever 14. I can't get her back, but I can help other parents keep their kids safe. If we save one child, we save a generation.</s>WHITFIELD: Incredible. I'll be talking to Leroy McCarthy about his mission in our 3:00 Eastern hour. He's one of our top ten honorees eligible to become "CNN Hero of the Year." Cast your vote at cnnheroes.com. The winner will receive $250,000. The two men running for the White House have answered questions about taxes, foreign policy, but they answered some pretty unconventional and revealing questions as well to "Reader's Digest." We'll have the scoop on that. If you're leaving the house right now, just a reminder, you can continue watching CNN from your mobile phone or from your laptop. Just go to cnn.com/tv.