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Plymouth‑Canton board conditionally opts in to state Section 31AA funds amid legal worries
Summary
The board voted 6-0 to authorize Superintendent Monica Merritt to conditionally opt the district into Michigan’s Section 31AA grant program by Dec. 4, with a rescission option by Dec. 30 pending court rulings. Counsel warned the statute’s 'waive any privilege' language raises liability and insurance risks.
The Plymouth‑Canton Community Schools Board of Education on Nov. 21 approved a resolution authorizing Superintendent Monica Merritt to conditionally opt in to state Section 31AA grant funding, while retaining the right to rescind that opt‑in by Dec. 30 depending on pending court decisions.
Attorney John Kava, who briefed the board, said Section 31AA is part of the state school aid act and noted a new statutory condition requiring districts that accept funds to "waive any privilege" in the event of a mass casualty. "A school district that wants to opt in to receive section 31AA funding must agree to waive any privilege," Kava told the board, and he cautioned the phrase is not defined in the statute and could encompass attorney‑client or FERPA‑related protections.
Board members pressed Kava on the scope and risk. Kava warned that a broad waiver could require disclosure of communications with legal counsel and other confidential information during investigations or litigation, potentially increasing insurance costs and exposing employees to additional legal risk. He also said the statutory deadlines forced a compressed timetable: districts must opt in by 11:59 p.m. on Dec. 4 to be eligible for allocations and would be allowed to rescind the opt‑in by 11:59 p.m. on Dec. 30 if court rulings negate the waiver language.
Trustee discussion focused on balancing the potential dollars on the table against long‑term legal and fiscal exposure. Trustee [Patrick Keogh] framed the board’s action as a conditional, time‑limited decision: opt in now to preserve eligibility, and allow rescission after judges issue rulings in related lawsuits.
The board passed the resolution on a 6‑0 vote. The motion authorizes Merritt to opt in immediately and includes direction that the district may rescind the opt‑in by Dec. 30 without penalty if the courts do not rule in the school districts’ favor.
What happens next: the district will monitor the federal and state lawsuits challenging the statute’s waiver provision; allocations under Section 31AA are scheduled to be distributed in December. The board left open additional briefings and directed staff to share the slide deck used in the presentation to help the community review legal and fiscal details.
