Board declines to opt into Section 31AA safety funding amid legal worries
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Summary
Williamston board members expressed legal and liability concerns about Section 31AA safety funding's required waiver, agreed the district will not opt in for now, and will watch pending litigation and state guidance.
Board members spent significant discussion on Section 31AA — a state-authorized safety and mental-health funding stream that requires districts to accept certain waiver terms. The board chair said the condition on accepting the funds raised legal and confidentiality concerns and summarized the view bluntly: "I think that's kinda selling our soul to get some money," they said, arguing the waiver could subject past and future incidents to review and compromise attorney–client protections.
Members reported that the finance committee recommended not to accept the funds and that county legal reviews have raised constitutional concerns. Sarah told the board she had asked MDE clarifying questions about definitions and incident reporting; MDE responses directed the district back to its lawyers, and several questions remain unresolved, including how a "mass casualty" might be defined and whether carryover funds are subject to the waiver. Sarah said 2024 carryover 31AA funds are not subject to the waiver, providing some breathing room.
Why it matters: although the money could fund safety and mental-health services, board members were unwilling to accept the legal language without firmer definitions and counsel advice. The board indicated it will not opt into Section 31AA at this time and will monitor lawsuits and any statutory changes.
Next steps: staff will monitor legal developments and state clarifications; board members asked administrators to report back if conditions or definitions change sufficiently to remove perceived legal risk.