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Forest Hills Board accepts $1.4 million in 31aa safety funding despite concerns over privilege waiver
Summary
At its Dec. 30 meeting the Forest Hills Board of Education voted 5–1 to rescind an earlier opt-out and accept at least $1.4 million in 31aa school-safety funds; trustees debated whether the required waiver of certain privileges for future mass-casualty investigations risks chilling legal advice and increasing litigation exposure.
The Forest Hills Board of Education voted 5–1 on Dec. 30 to adopt a resolution opting in to 31aa school-safety funding and to accept a minimum allocation of $1,400,000, after a lengthy debate over whether accepting the money requires the district to waive attorney-client and investigative privileges in the case of a future mass-casualty investigation.
Superintendent Kirby summarized legal developments and the board’s options, telling trustees that the district previously voted to opt out but that the court-of-claims decision and the pending appeal have left important questions unresolved. "We already received the $1,400,000," Superintendent Kirby said, adding that the appeals court could clarify or change the law but that relief allowing opted-out districts to opt back in is not guaranteed.
Trustees focused on two trade-offs: immediate, tangible student- and campus-safety benefits from the funds versus the long-term legal risks of a privilege waiver. Board President (unidentified) warned that the waiver…
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