Bloomfield Hills board opts in to Section 31AA funds despite attorney‑client privilege concerns

The Bloomfield Hills Schools Board of Education voted unanimously to adopt a resolution to opt in to Section 31AA of Michigan’s State School Aid Act and receive allocated school safety and mental health funds, despite sustained concern among trustees about a statutory requirement that districts waive certain privileges in the event of a mass‑casualty investigation.

Trustee Abel, who led the discussion, described the statutory condition as “onerous,” saying the requirement to “waive any privilege that may otherwise protect information from disclosure in the event of a mass casualty event” raises substantial legal and insurance concerns for districts. Abel noted the matter is currently litigated in the Michigan Court of Claims and the U.S. District Court for the Eastern District of Michigan and that rulings were anticipated by Dec. 19.

Staff advised trustees that the district’s estimated share of Section 31AA funding would be approximately $700,000. The board considered two draft resolutions: version 1, which the board described as authorizing the superintendent to execute required documents while limiting any waiver to mass‑casualty investigations occurring after funds are received and to the 2025‑26 fiscal year, and version 2, a conditional opt‑in that would be void unless courts ruled the waiver requirement unenforceable by Dec. 30, 2025. Trustee speeches reflected discomfort with the statutory language and uncertainty about insurance impacts, but also concern about foregoing safety funds for students.

After debate, Trustee Abel moved to adopt version 1 with an express instruction that the district construe any waiver as “as narrowly and strictly as possible.” The motion was seconded and passed in a roll‑call vote recorded as: Trustee Baker — Yes; Trustee Paul — Yes; President Hill — Yes; Trustee Noble — Yes; Trustee Cohen — Yes; Trustee Abel — Yes. The board’s resolution reserves the right to rescind the opt‑in by 11:59 p.m. on Dec. 30, 2025.

Board members repeatedly framed the vote as a difficult choice between accepting targeted safety and mental‑health funding and resisting a statutory condition that could erode attorney‑client protections in narrow circumstances. Trustees emphasized they would aim to construe any waiver narrowly and noted an administrative rescission option pending court outcomes and additional information from insurers.