Anchor Bay School District's Board of Education voted unanimously to decline state school-safety funds conditioned on an affirmative waiver of legal privileges, concluding the statutory tradeoff posed unacceptable legal and privacy risks.

The board adopted a resolution after hearing legal advice about amended Section 31aa of the State School Aid Act (MCL 388.1631aa) and extended discussion about what the superintendent and counsel described as a broadly worded requirement to be "subject to a comprehensive investigation" and to "affirmatively waive any privilege" that would otherwise protect information during such an investigation. The resolution directs the superintendent to notify the Michigan Department of Education of the district's decision.

Why it matters: Trustees said accepting the funds would expose confidential attorney-client communications, work product, investigator-client materials and potentially student health and education records protected by HIPAA and FERPA. Board members also raised concerns about the statute's vague definition of a "mass casualty event," potential increases in insurance costs, and the precedent of tying funding to legal waivers.

Superintendent James Jankowski explained that the amendment bundles two years of funding into one payment and adds conditions that trigger an investigation by state authorities, and that the statutory language is not narrowly defined. "To receive funding under the section, a district... must agree to be subject to a comprehensive investigation," he said, summarizing the language read to the board.

Board members argued the legal and operational implications outweighed the financial benefit. "People who give up their liberty for security deserve neither liberty nor security," Trustee Patrick Powers told colleagues, invoking a Benjamin Franklin aphorism to underline his view that accepting the funds in exchange for waiving fundamental protections was unacceptable. Board chair said the waiver would reach beyond district counsel to staff and, potentially, students: "How the hell do I get to waive a parent's rights or someone who's not an employee of this district?"

Some trustees emphasized the district will continue to fund school security regardless of the decision. One trustee noted the district has already invested in SROs and security upgrades and said, "We will not spend one dime less on the security operations of our district by not taking this money."

The vote was unanimous. The board's resolution directs the superintendent to communicate the decision to the Michigan Department of Education and to pursue alternative funding strategies for school safety and mental-health initiatives that do not require waiving legal protections.

What comes next: The superintendent will notify state officials per the motion and continue local funding and grant efforts for school safety and student mental-health services. The decision is likely to be one of many similar district decisions across the state as other boards consider whether to accept 31aa funds under the same statutory terms.