The lawsuit involving Flint, Michigan, school students and the impact that waterborne lead may have had on their development is finally over, and two University of Virginia professors couldn’t be happier.
Gail Lovette and Bill Therrien, professors in UVA’s School of Education and Human Development, worked pro bono on the case for eight years, analyzing how increased lead exposure from Flint’s municipal water supply affected children’s learning.
The crisis began in 2014 when Flint’s state-appointed emergency manager, facing a financial crisis, decided to switch the city’s water supply from the Detroit water system, which sourced water from Lake Huron, to the Flint River.
That decision, combined with the failure to treat water with corrosion-resisting chemicals, resulted in lead leaching from the city’s aging water pipes into the water supply for about 100,000 residents.
In a 2016 lawsuit that sought to force the state to address the crisis, Therrien and Lovette found the school system’s existing programs were not sufficient to assist children exposed to lead, which impacts neurodevelopment.
Gail Lovette and Bill Therrien spent eight years working on the lawsuit filed against the state of Michigan to help the school students and people of Flint. (Contributed photo, left, and photo by Matt Riley, University Communications, right)
In 2018, a Michigan judge ordered a landmark partial settlement enabling up to 30,000 children to be screened to determine if further neurodevelopmental tests were needed. In 2020, the professors’ work helped lay the basis for a settlement that included at least $9 million in new funding for special education programs in Flint Community Schools and surrounding school districts.
Now, in 2024, that lawsuit has concluded. UVA Today reached out to the professors to learn more about the finalized agreement and their contributions to the case.
Q. What does the final resolution of this lawsuit mean to the students in Flint Community Schools?
Lovette: The final settlement makes significant investments in Flint Community Schools and the wider area. Immediately, more staff will be dedicated to reading and behavior support, helping all students, especially those affected by the water crisis. Increasing staff is important, but what I find most exciting is how the settlement goes beyond that.
It includes a five-year, in-depth review of special education through the Education Benefit Review team. This team will help create individualized education plans for students, train teachers and ensure every student receives an education to meet their needs and enable them to be successful. And it’s not just a one-time thing; the support will continue for five years.
Therrien: Another key part of the settlement is building an employee pipeline through the University of Michigan-Flint to increase the number of special education teachers and school social workers. This is a big win for the whole community because it ensures that residents can attend these programs at no cost and then work within the Flint schools.
That’s a direct investment in the future of Flint’s children, community and education system. Once this pipeline is established, the hope is that it will keep training new generations of special education teachers and social workers for Flint Community Schools and surrounding areas, ensuring long-term support and stability for the schools and the community.
Q. The lawsuit was filed in 2014. In 2020, the lawsuit was settled for $600 million. Now, the suit has been completed. Why did it take so long?
Therrien: I can tell you the pace was definitely frustrating for both of us. We were told that, at least for the preliminary injunction related to funding the Neurodevelopmental Center of Excellence, the case was settled quickly in court terms.
We really appreciated how that injunction gave caregivers the power to use the center’s assessment services for their children. The important thing was that it was a caregiver-first decision – you could choose to take your child for an assessment, get the report and then decide what steps to take next to make sure they got the services they needed.
