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Carson City-Crystal board conditionally opts in to Michigan Section 31aa funding amid pending lawsuit
Summary
At a Dec. 4 special meeting the Carson City-Crystal Area Schools board voted 6–0 to submit a conditional opt-in to Michigan’s Section 31aa funding to preserve eligibility for school-safety and student mental health aid while litigation over a privilege-waiver requirement proceeds; the opt-in will be rescinded automatically unless statutory or judicial changes occur by Dec. 30, 2025.
Carson City — The Carson City-Crystal Area Schools Board of Education voted unanimously on Dec. 4 to conditionally opt in to Michigan’s Section 31aa funding for fiscal year 2025–26, a move intended to preserve the district’s eligibility while courts and lawmakers address a contested privilege-waiver requirement.
The board adopted Resolution D at a special meeting in the district’s 4–12 Media Center. The resolution authorizes the superintendent or a designee to submit the district’s opt-in form to the Michigan Department of Education on or before the opt-in deadline and specifies that the opt-in “shall not constitute a present waiver of the attorney-client privilege or any other privilege.” The board approved the measure on a 6–0 roll-call vote; G. McAlvey moved the resolution and M. Staff supported it.
The action responds to Public Act 15 of 2025 (amending MCL 388.1631a), which establishes the Section 31aa allocation for school safety and student mental health initiatives and, as currently written, conditions acceptance on agreeing in advance to certain investigatory and privilege-waiver procedures following a defined “mass casualty event.” Meeting materials and an advisory e-blast from Thrun Law Firm presented to the board explained that if the district does not submit an opt-in form by Dec. 4, 2025, it may be ineligible to receive 31aa funding for 2025–26. The advisory also noted that the parties in ongoing litigation have stipulated that districts may rescind an opt-in by notifying MDE by Dec. 30, 2025.
Under the board’s resolution, the conditional opt-in will be automatically rescinded without further board action unless, on or before Dec. 30, 2025, the Legislature removes or substantively amends the privilege-waiver requirement or a court of competent jurisdiction rules that the requirement is unlawful, unenforceable, or not applicable to the district. The resolution also states that if the privilege-waiver requirement remains in effect after the rescission deadline, the superintendent will have no authority or obligation to accept 31aa funding for the district.
Board members present were S. Springsteen, G. McAlvey, S. Fleisher, R. Lankford, M. Staff and Board President Mark Jensen; M. Barker was absent. The resolution text and the formal certification appear in the board minutes. The meeting’s other business included acceptance of the agenda, a public-comment period with no speakers on agenda items, brief round-table remarks about a school basketball game, and a member question about building key-card access. The meeting adjourned at 6:13 p.m.
The board’s next procedural step under the resolution is for the superintendent or designee to submit the opt-in by the stated deadline and to notify MDE by Dec. 30, 2025, if statutory or judicial developments do not eliminate the privilege-waiver requirement.
