mold, rodents, even one-eighth grader said he had to teach 7th and 8th grade math for a month because they couldn't find a teacher. the state moved for dismissal arguing the 14th amendment contains for reference to literacy and then last week the u.s. district judge agreed with the state on that. >> horrible rule that should be appealed because the equal protection clause of the 14th amendment doesn't talk specifically about literacy, but it says states cannot deny equal access and opportunity to education. and what this judge is saying, yeah, literacy is very important, takes it is a 40 pag ruling. >> but it is not up to the state to make sure kids are literate? >> yeah, he said so long as the schools run. and that is the question. you have a warehouse that is chaotic, filled with roaches, extreme temperatures, no books, no teaches. how is this a school? you can cocan call it a school,- >> what he did in the decision,