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Whiteford board conditionally ratifies opt-in to Michigan Section 31aa school-aid funding
Summary
The Whiteford Agricultural Schools board voted 4-0 Dec. 8 to ratify the superintendent's opt-in for Section 31aa funding, preserving the district's right to rescind by Dec. 30 if the law's "privilege-waiver" requirement remains enforceable.
The Whiteford Agricultural Schools Board of Education voted 4-0 on Dec. 8 to ratify Superintendent Scott L. Huard's December submission opting the district into Michigan's Section 31aa school-aid funding program, while expressly preserving the board's right to rescind that opt-in by Dec. 30, 2025 if a statutory "privilege-waiver" requirement remains in effect.
Jeff Bunge moved to adopt the resolution and Brandon Lott seconded; the motion passed with four members voting yes and three members absent. The resolution was entered into the minutes as Resolution D2 and includes a formal recital of the law (Public Act 15 of 2025, MCL 388.1631aa) and the district's conditional acceptance.
Why it matters: Public Act 15 of 2025 and MCL 388.1631aa allocate one-time 31aa Funding for school safety and student mental-health initiatives but, as written, require districts that accept funding to agree in advance that following a defined "mass casualty event" the district will be subject to a comprehensive investigation and will waive any privilege that might otherwise protect related information. Litigation challenging the legality of that privilege-waiver requirement is pending; the board's resolution preserves the district's option to rescind the opt-in if the requirement remains enforceable.
The resolution directs an automatic rescission unless one of two conditions occurs by the rescission deadline: the Legislature removes or amends the privilege-waiver requirement, or a court rules the requirement unlawful or inapplicable to the district. If neither occurs, the superintendent or designee must notify the Michigan Department of Education by the rescission deadline that the district is rescinding its opt-in.
The resolution text recorded in the minutes reiterates that ratifying the opt-in was done "solely for the purpose of preserving eligibility for 31aa Funding" and states explicitly that the Board's action "shall not constitute a present waiver of the attorney-client privilege or any other privilege." The minutes note that the Board has been "fully advised of the legal and practical implications" of the privilege-waiver clause.
What happens next: The district remains eligible for 31aa Funding if the rescission is not submitted; conversely, if the privilege-waiver requirement remains in force and the Board notifies MDE by Dec. 30, the opt-in will be rescinded and the district will forgo the 31aa allocation unless other grant options are available. The resolution preserves the Board's ability to revisit the decision if the statutory or judicial context changes.
