Ann Zaniewski

Detroit Free Press

The Detroit Federation of Teachers, its umbrella group and several parents slapped the city's school district with a lawsuit today over the mold, rodents and other issues in dilapidated schools, saying the poor conditions seriously threaten students' health.

They are asking a judge to force the district to fix the problems and boot out state-appointed emergency manager Darnell Earley.

"Educators have been snubbed, ignored, disrespected and punished when they informed the school district of specific safety and health problems and pleaded for them to be repaired ...," Ivy Bailey, interim president of the DFT, said at a news conference in Detroit announcing the lawsuit.

"The state had its chance to show whether it can run a major school system. It failed miserably, and it’s time to give up the reins of power."

The lawsuit, filed in Wayne County Circuit Court, alleges that Detroit Public Schools is depriving students of their constitutional right to a "minimally adequate education."

The complaint is the latest twist in a public battle over school conditions, crowded classes and other concerns raised by teachers, parents and students. Dozens of schools have sporadically closed in recent weeks because of rolling teacher sick-outs that the district has tried to stop with a lawsuit of its own.

City inspectors began visiting schools about 2 1/2 weeks ago. They have issued several citations to the 46,000-student district.

Dave Hecker, president of the American Federation of Teachers-Michigan, said union officials and teachers are pleased that Mayor Mike Duggan ordered the inspections. He said the lawsuit was filed to help ensure DPS makes the repairs; it asks for the court to oversee the work.

"We have to pursue every avenue we can to make sure this work gets done," he said.

Earley, in an e-mailed statement, said the district is working to address the problems found in city inspections. He also said he has put in place a cost-saving restructuring plan, as part of his focus on preparing DPS for long-term financial sustainability and a return to some form of local control.

The lawsuit against DPS and Earley says students have been exposed to "black mold, bacteria, freezing cold temperatures in classrooms, rodent and insect infestations, exposed wiring" and other hazards.

DPS denied injunction against teachers; new hearing set

"Asking a child to learn or a teacher to instruct with steam coming from their mouth due to the cold in the classroom, in vermin-infested rooms, with ceiling tiles falling from above, with buckets to catch the rain water falling from above, or in buildings that are literally making them sick is more than what is legally or constitutionally tolerable," the lawsuit says.

The complaint also alleges that Earley, who was appointed a year ago by Gov. Rick Snyder and has sweeping powers, has neglected his duties and made the district's financial problems worse. Officials have said DPS is in danger of running out of cash in April or May.

The plaintiffs are asking a judge to remove Earley and restore local control to the school district. They also want the district to be ordered to fix the building problems, promptly investigate complaints and create a long-term capital plan.

The lawsuit says a teacher at one school, Spain Elementary-Middle, complained in October to the Michigan Occupational Safety and Health Administration about mold and other dangerous conditions. DPS said it would fix the problem in 15 days but never did, the lawsuit alleges.

Fixes for DPS can't come fast enough � literally

It also says that Earley simply told teachers to avoid using the water-damaged gym because DPS was planning to sell the school to the nearby Detroit Medical Center.

At another school, Carleton, a piece of ceiling debris fell and hit a student on the head during a test, according to the lawsuit.

"No one should ever risk getting sick or injured just from walking into a school," Randi Weingarten, president of the American Federation of Teachers, said via phone at the news conference. The AFT is the parent group over the DFT.

Officials said the capital plan called for in the lawsuit could be funded in two ways: By closely examining district spending and trying to identify available funds, and through state aid that could come as part of a legislative effort to reform education in Detroit.

DPS has about $515 million just in operating debt alone. Snyder has proposed legislation that would split DPS in two, creating a brand-new district and adding extra oversight.

There is debate among lawmakers in Lansing about how to fund the plan. The governor has said it would cost the state up to $715 million over 10 years.

"The issue of the disrepair of some of the district’s buildings and a plan to address that is before the Legislature," Earley said in the statement. "The investment of these funds will be necessary to implement a badly needed, district-wide long-term capital improvement plan. ..."

"We are committed to ensuring that our students and staff have a safe working and learning environment, and that is a part of the discussion regarding the critical financial investment into the new Detroit Public School System that is before the Michigan Legislature."

During the largest of the teacher sick-outs on Jan. 20, 88 of the district's roughly 100 schools were closed.

Rochelle Riley: Gov. Snyder can help kids in DPS now

DPS filed a lawsuit against the union, Bailey and others asking for a temporary restraining order to stop the sick-outs. Judge Cynthia Stephens of the Michigan Court of Claims denied the request Monday and set a another hearing for Feb. 16.

On the same day, the City of Detroit announced that inspectors found 152 violations during inspections of 11 schools. The problems included insect and rodent infestations, water-damaged ceilings, broken sinks and mold.

Duggan called for the inspections Jan. 13 after touring four schools. The city gave DPS officials about a month to make repairs.

One major problem that has been widely photographed by the news media is the floor in the now-closed gymnasium at Spain, which is severely buckled and missing sections.

"That floor in Spain's gym has been like this for at least four years," DPS parent Christopher Robinson said at the news conference. "You can't make this stuff up."

Contact staff writer Ann Zaniewski: 313-222-6594, azaniewski@freepress.com or on Twitter @AnnZaniewski