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Board conditionally opts into Michigan 31aa safety funds, citing constitutional concerns and legal uncertainty
Summary
Trustees voted to opt into State Aid 31aa funding (estimated ~$400,000 for the district) but several raised objections to a required waiver of privilege for state-led investigations; trustees noted a Michigan Court of Claims injunction and a Dec. 4 opt-in deadline with a Dec. 30 rescind option.
The Lake Shore Board adopted a resolution to opt into MichiganState Aid 31aa funding, which district staff estimated could amount to about $400,000 for Lake Shore Public Schools. Board members and administration discussed significant legal uncertainties tied to the funding, specifically a Michigan Department of Education condition that districts accepting 31aa funds agree to a state-led investigation after a "mass casualty event" and to waive certain privileges.
Superintendent Dr. DiPonio told trustees the district has been researching Section 31aa and that school legal teams are concerned about the privilege waiver. He noted a November 21 Michigan Court of Claims injunction and said districts must opt in by Dec. 4 to receive the funds, with an option to rescind by Dec. 30 if circumstances change. Trustee Amy Thomas-August delivered a detailed on-the-record statement saying she would "conditionally opt in" to obtain funds for safety and mental-health initiatives but that she would rescind the opt-in if the privilege waiver requirement remains; she said she could not, "in good conscience, agree to opt-in to collect these funds" if the unconstitutional stipulation is upheld.
Trustees highlighted the benefits the funding could support, including nurses, psychologists, social workers, counselors and security measures; administration noted the district has previously received competitive grant awards totaling $53.5 million but that the 31aa funds carry "strings attached." The board approved the resolution to opt in while retaining the option to rescind later, and trustees expressed hope litigation and court rulings will clarify the legal obligations.
