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Edwardsburg board votes to conditionally opt in to Michigan 31AA funding to preserve eligibility amid litigation
Summary
The Edwardsburg Public Schools board unanimously approved a conditional opt-in resolution to preserve eligibility for Michigan '31AA' school safety and mental health funds while explicitly reserving attorney–client privilege and allowing courts to decide the legality of a required privilege waiver.
The Edwardsburg Public Schools board voted unanimously to authorize a conditional opt-in to Michigan’s 31AA funding program while preserving the district’s right to challenge a statutory requirement that would waive attorney–client privilege.
Tammy Anderson read the resolution to the board, summarizing its purpose: “the board hereby authorizes the superintendent of schools or designee to submit the district's opt in form to MDE on or before the opt in deadline solely for the purpose of preserving the district's eligibility for 31AA funding and only on a conditional basis as provided in this resolution.” The resolution states submission “shall not constitute a present waiver of the attorney client privilege or any other privilege.”
The resolution references Public Act 15 of 2025 (an amendment to the State School Aid Act, noted in the resolution as MCL 388.1631AA) and explains that, as a condition of accepting 31AA funds, districts would be subject to a comprehensive investigation following a mass casualty event and could be required to waive certain privileges. The reading noted that litigation challenging the privilege-waiver requirement is pending and that opt-in and rescission deadlines were set in the Michigan Department of Education guidance (opt-in: 12/04/2025 11:59 p.m.; rescission notice no later than 12/30/2025 11:59 p.m., as listed in the resolution).
Under the motion passed by roll call, the board authorized the superintendent to submit the opt-in form only to preserve eligibility and specified that the district’s conditional opt-in would be automatically rescinded unless either the legislature amends or removes the waiver requirement or a court of competent jurisdiction rules the waiver unlawful by the rescission deadline. The resolution also states that if the waiver requirement remains enforceable at the rescission deadline, the superintendent would not be required to accept 31AA funding and that this resolution does not waive the district’s right to challenge the statute or related administrative guidance.
During the required roll call, the board recorded affirmative votes from Nick, Madeline, the presiding board member (self-identified), Justin and Tammy Anderson; the chair announced the motion passes.
Next steps outlined in the resolution include submitting the conditional opt-in form to the Michigan Department of Education by the stated deadline to preserve eligibility and monitoring the pending litigation or any legislative changes before any actual acceptance of funds.
