ACLU, Education Law Center and White & Case Reach Groundbreaking Agreement in Flint Special Education Class Action Lawsuit

The ACLU of Michigan, Education Law Center and pro bono counsel White & Case LLP have reached a groundbreaking agreement in the federal class action lawsuit brought on behalf of Flint children to address the systemic failure to provide adequate special education and related services in the wake of the Flint water crisis. The agreement outlines a robust framework to improve long-term special education services and support for children attending schools within the Genesee Intermediate School District (GISD), especially those children in or returning to Flint Community Schools.

The agreement establishes a US$9.69 million Special Education Fund (SEF) that will cover special education and related services, paid for in large part by the State of Michigan.

"This historic agreement will ensure many lead-poisoned Flint children, and other children with disabilities affected by the water crisis, will get the special education services and support they need," said Jeree Brown, a named plaintiff in the case, and a mom whose child receives special needs services and attends the Genesee Intermediate School District. "I knew when we filed this lawsuit that many kids would no longer be in the school system and would not reap the direct benefits of this case. But this fight was always about doing what's right and ensuring future generations get the help they deserve to thrive."

"This groundbreaking agreement, a plan for distributing state funds, lays the foundation for a special education system that truly meets the needs of affected students throughout Flint and the Genesee Intermediate School District," said Jessica Levin, the Education Law Center litigation director. "We are confident that these systemic reforms will have a positive impact on these children and the Flint community as a whole."

The agreement also includes US$1.6 million for a partnership with the University of Michigan-Flint to recruit and retain Flint special education teachers and social workers. This includes incentives for current Flint Community Schools high school students to go through UM-Flint's special education or social worker program, such as tuition reimbursement, transportation and other support.

"Many children in our school systems today need extra care and attention, especially in communities where the results of the Flint water crisis are still felt," said Laurence B. Alexander, UM-Flint chancellor. "With that in mind, and with a grant from the SEF, we are creating new programs in special education and school social work to support local school systems' efforts to address the unique needs of our local children. Financial assistance will be available to current teachers and social workers in the Flint Community Schools and the GISD, as well as qualified undergraduates from those districts interested in these programs, to gain these specialty certifications due to their immediate staffing needs. Tuition support for others seeking these specialty certifications may also be available."

"All children deserve to thrive no matter who they are or where they live," said Bonsitu Kitaba, the ACLU of Michigan deputy legal director. "For decades, the special education needs of Flint children were ignored. Sadly, it took the lead poisoning of this community to draw attention to this systemic failure. While we acknowledge that many Flint children impacted by the water crisis have graduated or are no longer in the community, we are confident that this agreement will help ensure that Flint children currently in the school district and in Genesee County, as well as future students, will benefit greatly from the support, resources and services it provides." 

"Our pro bono work on behalf of the thousands of children who suffered from the effects of lead poisoning in Flint is one of the most meaningful and impactful cases our Firm has handled in recent years," said Greg Starner, partner with global law firm White & Case LLP. "Our team is thrilled that the Flint community can look ahead toward a brighter future. With this landmark settlement, we hope that Flint will be remembered for the resilience of its people, rather than the tragedy that they faced."

Other details of the class action lawsuit's SEF agreement include:

• An SEF administrator, who will issue bi-annual audits on how the fund is being spent, and who will be paid by the GISD, not the SEF
• US$2.5 million for a three-person Education Benefit Review team for five years that will create special education plans tailored to meet students' individual needs, train teachers and ensure students receive an education free of disability discrimination
• Up to US$700,000 for an outside firm to evaluate Flint Community Schools: up to US$500,00 to evaluate special education services and issue a public report with recommendations on the delivery of special education services, behavioral interventions, and teacher retention; and an additional US$200,000 to evaluate the district's preschool programs and make recommendations in a report that will be public 
• US$550,000 to preschool programs in Flint to implement the recommendations for improvement from the outside firm report
• US$2.5 million for three behavior and social emotional support staff for five years, two of whom will be designated to Flint Community Schools specifically and the third available to other schools within the GISD
• US$1.67 million for two literacy specialists, who will provide early intervention, teacher training, and literacy support to students and their guardians, and books and other materials for students for five years in Flint Community Schools and the GISD   
• Annual meetings of all parties to the lawsuit to discuss the effectiveness of the agreement.

Today's SEF agreement is the final step in a federal class action lawsuit filed in October 2016, after about 30,000 Flint children were exposed to lead. It was brought against the State of Michigan, the GISD and Flint Community Schools because the public school system lacked the resources, support and expertise needed to properly screen children for disabilities, address their educational needs, and ensure that students with disabilities are not unfairly disciplined or excluded from public education.

The legal team representing the students includes attorneys from the ACLU of Michigan, Education Law Center and global law firm White & Case LLP, which offered its services pro bono. The lawsuit and the results achieved would not have been possible without invaluable pro bono expert assistance. Gail E. Lovette, Ph.D. and William J. Therrien, Ph.D., BCBA, professors from the University of Virginia, served as plaintiffs' chief consulting and testifying experts throughout the case. Plaintiffs also retained two of the nation's leading experts on the effects of lead poisoning in children, Dr. Theodore I. Lidsky, Ph.D. and Dr. Vicki Sudhalter, Ph.D., to produce detailed assessment reports.

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