Redford Union board briefed on state safety funds that require districts to waive certain privileges; decision possible before Nov. 30

The Redford Union Schools District No. 1 board on Nov. 3 received a legal briefing on state categorical funding (referred to in board materials as "section 31aa") that would provide money for school safety and mental-health efforts only if a district agrees to permit state-appointed investigations after a defined "mass casualty" event.

"This budget provides a portion of funding, under section 31aa, which has been a categorical fund funding that we've received for the last few years," Superintendent Jason Witt said, explaining that the new condition would require districts that accept the funds to "agree to allow the state to appoint a group to come in and do an investigation" after certain incidents.

Why it matters: board members said the provision could force districts to choose between accepting targeted safety money and preserving legal privileges — including attorney-client confidentiality and, possibly, individual testimonial protections. School officials said legal counsel (including summaries from Miller Johnson and Collins Blaha provided to the board) recommends that if the district elects to accept funds, the board take formal action; if it chooses not to accept the funds, no board action is required.

Presenter and legal counsel emphasized uncertainty about how broadly the state would define trigger events. "Mass casualty event means any of the following that occur on school grounds or at a school-sponsored event, an incident resulting in significant injuries to not fewer than 3 individuals," the speaker read from the language distributed to the board, adding that the term "significant" is not defined in the text provided to the district.

Board members raised a range of concerns, including whether the waiver would apply to institutional records only or could extend to individuals' privileges. "One interpretation is that what's being waived would be the district's privilege," Superintendent Witt said, and he added that the deeper scope of any waiver could become the subject of litigation.

Superintendent Witt estimated the district's direct allocation under the category would be roughly $100,000, but he said he would confirm the exact number for the board and circulate that information. Witt said he had spoken with lobbyists and other superintendents, several of whom said they were unlikely to recommend accepting the funds under the current terms.

Next steps: district staff said they will include the issue on the November workshop agenda for further discussion and that, because the state set a Nov. 30 deadline, the board might need to convene a special meeting after the workshop to decide whether to accept or decline the funding. Officials also noted at least one intermediate school district was reportedly considering injunctive relief to challenge the condition.

What the board did not do: the board took no vote on the 31aa funds on Nov. 3 and instead directed further review and discussion at the workshop and, if needed, a special meeting to meet the state's deadline.