Monday, November 14, 2016

Lawsuit Warns That Lead Exposure in Flint Schools Raises Special Education Concerns - Education Law Prof Blog

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Lawsuit Warns That Lead Exposure in Flint Schools Raises Special Education Concerns

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Students in Flint, Michigan, recently filed suit in U.S. District Court against the Michigan Department of Education, the Flint and Genesee school districts.  They allege that exposure to lead in the school system can exacerbate learning disabilities and warrants a response under the IDEA.  Those who followed older research may recall a study a couple of decades ago in Maryland showing that racially disparate lead exposure in the state contributed to long term racially disparate educational outcomes.  Kudos to the Education Law Center and the ACLU of Michigan for recognizing the issue in Flint and coming to these students' aid.  Gregory Little of the White & Case has also stepped up to provide pro bono services in the case.  The press release offers this:
The lawsuit demands that the Michigan Department of Education, Flint Community Schools and the Genesee Intermediate School District take immediate action to ensure that all students who require special education services are identified and provided with the programs and supports they require.
“We know that Flint schools are not currently meeting the needs of special education students, and we know that exposure to lead in drinking water can be highly toxic for children, potentially leading to or exacerbating disabilities” said Jessica Levin, ELC Staff Attorney. “It is imperative that the local district and the State of Michigan make sure students are evaluated and provided with appropriate programs and services, especially now that the number of affected students could grow significantly.”
The lawsuit amply documents the systemic violations of federal law, including the Individuals with Disabilities Education Improvement Act (IDEA), in Flint’s public school system. To remedy this situation and prepare for an expected increase in students requiring services, the plaintiffs ask for screenings and evaluations to identify all students in need of special education services and the provision of those services by sufficient and qualified personnel.
“The lead crisis in Flint has put all children at risk, and the state and local education authorities must take action to ensure the public schools meet their legal mandate of addressing students’ educational needs,” said David G. Sciarra, ELC Executive Director. “It is our privilege and our obligation to represent the families of Flint. We will do all we can to come to a speedy and appropriate resolution of this case.”
For more information about the Flint lawsuit, please read this joint ELC-ACLU of Michigan press release.
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