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Trustees debate legality of Section 31aa after judge's conclusion cited
Summary
Board member Amy Thomas-August cited a Dec. 17 court conclusion describing Section 31aa(9) as "coercive" while Trustee Keneth Gulock said the provision violates the Fifth Amendment; the board discussed implications for accepting funds and cooperating with state reviews.
During the special meeting, Trustee Amy Thomas-August read portions of Judge Sima G. Patel's Dec. 17, 2025 conclusion in the case brought by the Macomb Intermediate School District. She quoted the judge: "Section 31aa (9) is coercive but does not coerce the relinquishment of a constitutional right in exchange for essential public funding." Thomas-August said the ruling clarified some legal language but noted a federal suit remained pending.
Trustee Keneth Gulock said he believes the statute as written raises constitutional problems and stated for the record that he would opt out. "These funds should be released without any strings attached, or at the very least, with strings that DO NOT violate our constitutional rights," he said. Other trustees contrasted the legal questions with practical uses of money for safety and mental-health supports, and staff said accepting the funds would require cooperation with state investigations under the statute's terms.
The board did not take a formal vote on the district's opt-in status at the meeting and directed staff to monitor the appeal and legal developments before any change to the district's posture.
