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Dearborn Heights School District #7 declines state mental health and safety grant over legal concerns
Summary
The board voted Nov. 19 to adopt a resolution declining to opt into the state mental health and safety grant, citing language that would require waiving attorney-client privilege and could expose staff to civil liability; the district estimated the grant at about $85,000 but will not accept it while legal questions remain.
At its Nov. 19 board meeting, the Dearborn Heights School District #7 Board of Education voted unanimously to adopt a resolution declining to opt into the state mental health and safety grant after trustees and staff raised legal and financial concerns.
Superintendent Kleinance told trustees the grant’s draft language appears to require the district to waive attorney-client privilege to receive funds and could expose individual employees and board members to civil liability. “The district must waive legal privilege to receive this money,” he said, urging caution while legal counsel and state officials review the wording.
The district’s staff said the award in previous years has been about $85,000 and that those funds had not been earmarked while the board reviewed the grant language. Trustees questioned whether postponing a decision until state-level or court action resolves contested language would be possible; the superintendent said the deadline had shifted and that the state pushed the date to Dec. 4, allowing the board an opportunity to revisit the matter if language changes.
Board discussion touched on several points: whether opting out now would prevent the district from later accepting funds if the language is amended, how insurers might treat districts that opt in versus opt out, and whether declining would join the district with other school boards pursuing a legal challenge to the grant’s language. The board cited legal analyses provided by private counsel (named in board materials) and said attorney Jeremy Chisum was available to answer questions if needed.
Trustee Wall argued the district should join other boards in challenging the language and not accept the grant as written. After debate, the board moved and adopted the resolution declining to opt into the grant and indicating support for legal action challenging the wording. The motion carried by roll call; all trustees present voted in favor.
Votes at a glance - Resolution declining to opt into the state mental health and safety grant (section 31A 2): approved, roll call recorded unanimous support from trustees present. - Certified staff appointment (Paula Hall, virtual teacher): approved by roll call. - Second reading and adoption of NEOLA policy revisions: approved by roll call.
The board directed staff to continue monitoring state developments and to circulate any revised legal analyses to trustees. Superintendent Kleinance said that if the state changes the grant language before the Dec. 4 deadline, the board could consider a new resolution to opt in.
What happens next: the board will receive updated legal guidance and state communications; trustees said they could place a follow-up resolution on the Dec. 3 agenda if required.
