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Lake Shore board opts to proceed with current 31aa funding decision amid legal uncertainty
Summary
At a Dec. 29 special meeting the Lake Shore Board of Education agreed to proceed with its current decision to accept Section 31aa school safety and mental-health funds while a legal appeal proceeds; members discussed constitutional concerns and potential uses for the money.
The Lake Shore Board of Education on Dec. 29 agreed to proceed with its current decision to accept Section 31aa funds in the School Aid Act while a related court appeal moves forward.
Dr. DiPonio, speaking for district staff, told trustees the district has already received one payment of $138,000 and recommended maintaining the current opt-in posture unless the legal outcome requires rescinding that decision. "We have already received one payment of $138k," he said.
Board members raised legal and policy concerns during discussion. Board member Amy Thomas-August cited Judge Sima G. Patel's December 17, 2025 conclusion in Macomb Intermediate School District v. State of Michigan, noting the judge found that "Section 31aa (9) is coercive but does not coerce the relinquishment of a constitutional right in exchange for essential public funding." Thomas-August said, however, that the funds could support security and mental-health services that might prevent future tragedies.
Trustee Keneth Gulock said he would personally opt out because he believes the statute, as written, raises Fifth Amendment concerns. "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, adding that he would "opt out" for the record.
Several trustees described the discussion as collegial; Susan DeLong said she would remain opted in, and President Kurt Ziegler said members appeared to be "on the same page" about proceeding now. The board did not take a formal vote on opting in or out during the special meeting; it recorded direction to continue with the current decision and noted any future change would require a formal board vote.
The board also discussed that accepting 31aa would, under the statute's terms, require cooperation with state investigations; Dr. DiPonio said the district's SRO is involved in threat assessments and contrasted the district's approach with Oxford High School's external review. The appeal is scheduled on an expedited track but will not be heard before the state's Dec. 30, 2025 deadline, the superintendent said.
