Board warned about legal strings on new 31AA school safety funding; decision to be delayed pending counsel

The board was briefed on a new, time‑limited 31AA funding opportunity. According to a memo the superintendent shared, the statewide pot is approximately $321,000,000; the district’s share if every district accepts would be roughly $140 per student. The superintendent cautioned that accepting these funds carries specific legal and operational conditions.

Key conditions the superintendent highlighted include: a possible requirement for districts to cooperate with comprehensive investigations following a mass‑casualty event, and a waiver of certain privileges. “We waive any privilege that otherwise protected relating to information… attorney‑client privilege,” the presiding speaker said, describing language in the memo and the legal advice the district is collecting.

He also noted operational limits: funds must be spent on new activities and cannot be used to supplant existing staff or programs. The superintendent said mass‑casualty is described in the memo as three or more injuries or deaths, a definition he said is broader than what some would expect and raises concern about enforcement and scope.

Board members and administrators said they are receiving differing legal counsel; one law firm counseled caution, another suggested acceptance would be lawful. The superintendent said the district’s insurer indicated it would continue coverage if the district accepted the funds, but that constitutional or practical enforceability of some conditions is unclear.

Next steps: staff will continue gathering legal advice and additional documentation; the board will consider the matter at the next regular meeting in mid‑November. No formal action was taken at the work session.

Sources/provenance: superintendent’s memo and presentation to the board (Speaker 1) at the work session.