Livonia Public Schools declines state 31aa funding, joins lawsuit over wording that could waive privileges
Summary
Superintendent Oakquist and the school board said Nov. 17 they will not opt in to Section 31aa funding amid legal concerns that the statute’s language could require waiving attorney–client privilege and confidential student and personnel records; the district joined other Michigan school leaders in litigation seeking clarification.
Livonia Public Schools Superintendent Missus Oakquist told the board on Nov. 17 that the district will not opt in to Section 31aa of the Michigan 2025–26 budget and has joined other districts in a lawsuit seeking clarification and an injunction.
Oakquist said the district supports the intent of increased accountability and post-incident transparency but is “very concerned that the language, specifically some of the definitions and requirements, are overly vague and ambiguous” and that certain provisions appear to require waiving constitutionally protected privileges, including legal counsel confidentiality and access to private student and personnel information. She said those potential obligations raise significant legal and privacy questions that the district could not accept without clearer statutory language.
Trustee Dave McFarland said he supports Oakquist’s position and voiced personal concern for students and staff: “If I thought there was any possibility that by opting out, we were going to suffer a chink in our armor or a loss of service or security, I would not be on board. I have the full confidence in what we’re doing now and what we’ll continue to do.” Trustee Colleen Burton said she could not, in good conscience, vote to waive individual constitutional rights for funding.
Oakquist emphasized the district’s ongoing commitment to student safety and mental-health supports, saying current programs and resources will remain in place whether the district accepts the money or not. She said districts needed to opt in by Nov. 30, and the board’s action — and the joined lawsuit — seek a clearer definition of what accepting the funds would legally require and of any duration of the obligation.
The board’s action was described as a district resolution and participation in a multi‑district legal challenge; the transcript shows a public discussion and the superintendent’s reading of the district’s concerns but does not record a separate roll-call vote on the lawsuit within this meeting’s transcript.
Next steps: Livonia Public Schools will await legal clarifications from the courts and the Legislature before reconsidering whether to accept Section 31aa funds.
