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Dowagiac superintendent urges caution on state 31A funding over attorney‑client waiver
Summary
Superintendent Greg Bloomrin told the board that newly conditioned 31A state funds would require districts to waive attorney‑client privilege and turn over records in catastrophic events; he recommended the district not opt in until language is clarified (deadline cited Nov. 30).
Superintendent Greg Bloomrin told the Dowagiac Union School District board that the state’s increased 31A funding for mental‑health, safety and behavioral supports now comes with new legal conditions that concern district attorneys and superintendents across Michigan. He said the state is asking districts to agree in advance to surrender attorney‑client privilege ‘‘in the event a catastrophic event happened in your school district’’ so the state could access records and communications during a state‑level investigation.
Bloomrin said the district would receive roughly $250,000 under the new 31A allocation based on its per‑pupil count, but that the money is tied to a three‑year commitment with the contested language. ‘‘They’re asking us to wave our rights,’’ he said, describing ongoing discussions among regional superintendents, school attorneys and the Michigan Department of Education and noting that a coalition of superintendents has filed for an injunction to pause distribution of the funds until the language is resolved.
The board heard Bloomrin’s recommendation to ‘‘sit tight’’ and not opt in for now; he said existing carryover 31A funds could cover most needs if the district declined the new money. Bloomrin outlined practical concerns: the state’s requested access would include communications among board members, administrators and school attorneys, and the obligation would extend for three years after acceptance. He said the Nov. 30 deadline for a district decision was approaching and that the district might convene a special meeting if the language changed before Thanksgiving.
The superintendent’s report also placed the 31A discussion in the context of other district updates: he announced the recent passage of a sinking fund that is expected to bring about $500,000 a year for 10 years (approximately $5 million) for facility maintenance and safety projects, and reported an enrollment increase to 1,825 students this fall, up 19 from last year. Bloomrin said the district would continue coordinating with regional superintendents and legal counsel before making a final decision.
The board did not take a formal vote on 31A at the meeting; Bloomrin said he would provide updates after a Region 7 superintendents’ meeting and that staff would advise the board if a special meeting was needed before the deadline.
