UM-Flint to take educational training lead as part of historic Flint Water Crisis settlement

Today, Sept. 26, the ACLU of Michigan, Education Law Center and pro bono counsel White & Case LLP have reached what is being called 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, especially those in or returning to Flint Community Schools.

The agreement establishes a $9.69 million Special Education Fund that will cover special education and related services, paid for by the state of Michigan.

The agreement includes $1.6 million to partner with the University of Michigan-Flint to recruit Flint-based special education teaching and social work students. Tuition reimbursement, transportation to campus, and other support will highlight incentives for current Flint Community Schools high school students to attend the university's newly created special education and social work programs.

"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 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."

"The Flint Water Crisis has profoundly impacted our children and educators, and we recognize the urgent need for specialized educational support," said Eric Common, UM-Flint associate professor of education in the College of Arts, Sciences and Education. "We are excited to launch a program to help students with, and at risk for, disabilities and the educators who serve them. This special education program and the special education and recruitment funds for FCS students and eligible GISD staff demonstrate our unwavering commitment to this cause."

Common went on to say that the settlement funds represent a critical investment in the community's future. "By bolstering our special education program, we can provide the specialized support students affected by the Flint Water Crisis need to reach their full potential," he said. "The special education and recruitment funds will enable us to attract and retain talented educators dedicated to making a difference in the lives of children with special needs. This is a crucial step in addressing the teacher shortage and providing high-quality education for all.

"The new program and this settlement are not just about addressing the immediate needs of our students; they are about building a sustainable foundation for special education in our community. We are investing in the future of teachers across Michigan with our attention to our region." 

Julie Ma, UM-Flint associate professor of social work and director of the Social Work Department in the College of Health Sciences, said that she and her colleagues recognize the crucial role that school social work plays in the FCS and GISD, particularly for children and families affected by the Flint Water Crisis.

"The settlement funds will help fulfill a much-needed investment in Flint and Genesee County public schools, meeting the increased need for critical school social work services," said Ma. "Our Master of Social Work program is excited to receive these funds to develop a School Social Work pathway and offer scholarship packages for our current and future MSW students committed to becoming school social workers in Flint and Genesee County public schools. We will work with local schools to provide comprehensive training to our school social work MSW students, who will, in turn, provide mental health, behavioral health, and academic support to those children and strengthen the connection between school, home and community."

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

• An SEF administrator who will issue bi-annual audits on how the fund is being spent and who will be paid by GISD, not the SEF.
• A three-person Education Benefit Review team, funded by $2.5 million for five years, 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 $700,000 for an outside firm to evaluate Flint Community Schools; up to $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 $200,000 to evaluate the district's preschool programs and make recommendations in a report that will be public.
• Preschool programs in Flint will receive $550,000 to implement the recommendations for improvement from the outside firm report.
• Three behavior and social-emotional support staff will be funded with $2.5 million for five years. Two will be designated to FCS specifically, and the third will be available to other schools within GISD.
• A $1.67 million allocation 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 FCS and GISD.    
• Annual meetings of all parties to the lawsuit to discuss the agreement's effectiveness.

"All children deserve to thrive no matter who they are or where they live," said Bonsitu Kitaba, ACLU of Michigan deputy legal director. "For decades, the special education needs of Flint children have been 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." 

The announcement of the agreement is the final step in a federal class action lawsuit filed in October 2016 following the exposure of Flint residents, including approximately 30,000 children, to lead after the city switched its drinking water supply from Detroit's system to water from the Flint River. Studies found that inadequate corrosion inhibitors resulted in lead leaching into the water from aging supply pipes, exposing residents to elevated lead levels.