Tecumseh board ratifies conditional opt‑in for state 31AA safety funds despite privilege concerns

The Tecumseh Public Schools board on Dec. 8 ratified a conditional opt‑in that preserves the district’s eligibility for state 31AA funding for school safety and student mental‑health programs while retaining the right to rescind if a court rules that a statutory attorney–client privilege waiver stands.

Superintendent Matt Hilton told trustees that Public Act 15 of 2025 (the 31AA allocation) conditions funding on a district’s agreement to comply with investigations following a defined “mass casualty” and, as written, requires waiving attorney‑client privilege in those circumstances. "Districts that accept 31 double a funding must now agree to waive attorney client privilege," Hilton said, describing the statutory language as broad enough to cover incidents ranging from bus accidents to events that exceed local emergency response capacity.

Trustees debated the tradeoff between access to competitive and allocated funds and the legal exposure the waiver could create. At least one trustee described the provision as deeply troubling: "Asking anyone to give up basic civil rights in exchange for funding our children's education seems like a real slap in the face," said a trustee during discussion. Other trustees called the requirement “criminal” in its breadth and characterized the district’s conditional approach as a reasonable hedge while litigation proceeds.

The district submitted an opt‑in to the Michigan Department of Education by the Dec. 4 deadline to preserve eligibility. The resolution approved by the board ratifies that submission solely to preserve eligibility and explicitly directs the superintendent to rescind the opt‑in by Dec. 30 if the courts or subsequent legislation do not remove the privilege waiver requirement. Board materials noted the district expects a judicial decision by Dec. 19 but said that date could change.

The resolution text, as read at the meeting, asserts that submitting the opt‑in "shall not constitute a present waiver of the attorney client privilege," and preserves the board’s right to challenge the law’s conditions. The board approved the resolution by roll call; all trustees voted to ratify the conditional opt‑in.

Megan Wade, the district’s director of curriculum, instruction and assessment, had completed the district’s opt‑in form before the Dec. 4 deadline, the resolution states. The board directed staff to track court developments and to notify MDE if the district rescinds the opt‑in by the Dec. 30 rescission deadline.

Next steps: the superintendent will monitor court rulings and administrative guidance; if the privilege waiver is not removed or invalidated by the rescission deadline, the district will formally notify MDE that it is rescinding the application.