Hartland board votes to opt into Section 31AA school‑safety funding; legal counsel warned waiver is broad

The Hartland Consolidated Schools Board of Education voted unanimously on Nov. 17, 2025, to adopt a resolution opting the district into State School Aid Act Section 31AA funding, after a lengthy legal briefing and board discussion about the scope of waiving privilege.

The resolution directs district staff to complete the administrative steps needed to claim roughly $700,000–$750,000 in one‑time state funds to support school safety and related services. The motion to adopt the opt‑in resolution was moved by Ms. Shaw and supported by Mr. Campbell; the final recorded vote was unanimous.

Why it mattered: Special counsel Rachel Dooley (appearing for the board) told trustees the statute contains broad and unclear language about what triggers a waiver. Dooley read the statute’s definition of a “mass casualty event” and warned it can include events that result in “significant injuries to not fewer than 3 individuals or fatalities or a demand that exceeds normal local emergency response capacity.” She cautioned that this breadth could bring events into scope that the legislature may not have intended and could trigger disclosure of attorney–client and investigator‑client communications to outside investigators and, potentially, plaintiffs’ lawyers.

Dooley also described pending litigation: “Roughly 35 school districts, ISDs and locals have filed a lawsuit against the state,” she said, asking the board to be aware that courts may soon clarify whether the waiver requirement is lawful or how broadly it will be applied. On insurance, Dooley said the district’s carrier (SETSEG) does not presently intend to deny coverage, but she warned insurance law can involve reservations of rights and independent analysis.

Board discussion focused on tradeoffs. Trustees who supported the opt‑in said the funding can bolster student safety programs and that, in the event of a catastrophic incident, they would prefer the district have the additional resources. Mr. Scott framed the choice as protecting students first despite potential personal or institutional risk; Mr. Gogolecki asked trustees to consider how they would explain a vote against the funds to parents in the event of an incident.

Several trustees asked the administration to delay the mechanical act of checking the state checkbox used to accept funds until the last business day before the Nov. 30 deadline, to allow for any legal developments over the holiday weekend and to preserve the option of calling a special meeting if a court order intervened. Administration said the board’s resolution authorizes staff to complete the paperwork but that staff would exercise the board’s direction on timing.

The board first voted to waive attorney–client privilege for the purpose of discussing the item in open session and then adopted the opt‑in resolution. The motion carried by recorded voice votes from trustees present.

Next steps: The administration will prepare the submission in the state grant system and said it will postpone clicking the final acceptance if the board asks staff to wait for court action or to convene a special meeting. The lawsuit challenging the statute remains active; if a preliminary injunction is issued broadly, it may alter implementation across districts.

Quote (legal counsel): "Mass casualty ... result in significant injuries to not fewer than 3 individuals or fatalities or a demand that exceeds normal local emergency response capacity," Dooley said, adding that the statute’s vagueness is a primary litigation argument.

Quote (trustee): "If a cataclysmic incident happen[s] ... could you face a parent that's gonna ask why did you vote against this money?" Trustee Gogolecki said during debate.

What the board did not decide tonight: The board did not change the language of the statute (only the legislature or a court can do that). It did not authorize any modifications to the statute’s legal effect; the board recorded its action to accept the funds as written and instructed staff on timing and follow‑up.