Federal judge rules Detroit summer school can continue with mandated COVID-19 tests for students
DETROIT (FOX 2) - A federal judge ruled Tuesday that summer classes in Detroit public schools can continue but students must be tested for COVID-19, first.
Last week, students and teachers returned to classes at Detroit Public Schools Community District, and the busses that were to leave to pick up the students were met with protesters demanding the schools be closed.
By Any Means Necessary (BAMN) fought to shut down schools, saying that students weren't safe from the virus. They filed a lawsuit and, on Tuesday, they claimed victory in the fight when U.S. District Judge Arthur Tarnow said schools can continue but with testing in place.
"Judge Tarnow issued a temporary restraining order and demanded the district test all 600 summer school students immediately," said DPSCD teacher and BAMN member Nicole Canaway. "It's a great victory for students, staff, the entire community of Detroit."
The school district argued that there is no legal authority to require testing of students and attempts to test create unfairness and are likely to be unsuccessful.
Members of BAMN have worked for weeks to put the breaks on in-person summer school instruction at DPSCD. They've even started blocking buses from leaving the bus depot to pick up students.
BAMN activists say the ruling in could impact school in the fall.
"I think it has big implications. I think it sets an example for all the other districts in the state and the nation that you've got to step up and first of all, be more serious about testing," Canaway said.
FOX 2 contacted DPSCD for comment but have not received a response.
But despite what these activists consider to be a victory they believe they haven't won until the doors for in-person DPSCD Summer School are closed
"We need more than this. This is a good start, this is the first step. Cases are on the rise so much, it's not the time for summer school be to be happening so are going to continue in the courts and in the streets," Canaway said.
Dr. Vitti's Statement
“Although we are opposed to the federal judge’s order we will comply to provide our students and families with the face-to-face (F2F) instruction services that they are legally entitled to receive through Detroit Public Schools Community District’s summer school offering under MI’s Safe Return Phases. It is insulting to our parents that they must have their children COVID tested to receive public school services yet parents outside of the city can receive the same services without testing.
"We want to thank the City of Detroit for working with us to provide all F2F summer school students with free, rapid testing. Beginning this week, we will allow parents who made the decision to send their children for F2F summer school instruction to have their children COVID tested through nasal swabs. These tests will be done at school to reduce the burden on parents if their consent is given. Results will be returned in 30 minutes.
"As a district, we were never completely opposed to student testing but continue to question the legal authority to require parents to have their child tested to receive public school educational services, the inequity of requiring our students to test and other districts and schools not requiring the testing, and the burden it places on our parents who are already overwhelmed. The federal judge’s order essentially creates law that far exceeds federal and state safety expectations for students’ return to school under COVID.
"This order should serve as a clear wake-up call to federal and state lawmakers that guidance regarding the reopening of schools must be coherent, funded, based on the best medical and health advice, and be legally binding or this maddening process of providing public school parents with educational options this fall, F2F or online learning, is headed for political and legal wrangling that will disproportionately impact our most vulnerable families and children." - Dr. Nikolai Vitti, Superintendent, DPSCD
Ms. Denise Fair's Statement
“When we heard the judge ordered 600 students to be tested in the next five days, we made immediate arrangements to allow the schools to comply. The City of Detroit has the testing capacity to respond to these types of urgent needs." - Denise Fair, Chief Public Health Officer, City of Detroit.