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Marquette Area Public Schools board conditionally opts in to state safety funding, reserves right to rescind
Summary
The Marquette Area Public Schools Board unanimously adopted a conditional resolution to opt in to 31aa funding from the Michigan Department of Education to preserve eligibility while preserving attorney‑client privilege and reserving the right to rescind pending litigation or statutory change.
The Marquette Area Public Schools Board of Education voted 4‑0 on Dec. 3, 2025, to adopt Resolution D authorizing the superintendent, or designee, to submit the district's opt‑in form to the Michigan Department of Education (MDE) to preserve eligibility for funding under Public Act 15 of 2025 (State School Aid Act Section 31aa), while reserving the right to rescind that opt‑in if the Legislature or courts remove the contested privilege‑waiver requirement.
The resolution, offered by Member Cassidy Thomas and seconded by Member Cherryl Maddox‑Smith, instructs the superintendent to file the opt‑in by the opt‑in deadline noted in the resolution (Dec. 4, 2025, at 11:59 p.m., as stated in the resolution) solely to preserve eligibility. It states that the district’s conditional opt‑in will be automatically rescinded without further board action unless, on or before the rescission deadline (Dec. 30, 2025, at 11:59 p.m., as stated), either the Legislature removes or substantively amends the privilege‑waiver requirement or a court of competent jurisdiction rules that the requirement is unlawful or unenforceable. If neither occurs by the rescission deadline, the superintendent must notify MDE, in the form and manner required by MDE, that the district’s opt‑in is rescinded.
The resolution explains that MDE has conditioned receipt of Section 31aa funding on a district’s prior agreement to be subject to and comply with a comprehensive investigation following a defined “mass casualty event” and to waive any privilege that may otherwise protect related information from disclosure. The resolution records that litigation challenging the legality and enforceability of the privilege‑waiver requirement is pending and frames the board’s action as a conditional step intended to preserve funding eligibility while reserving legal protections and the right to challenge conditions.
The board’s resolution also states that submission of the opt‑in form “shall not constitute a present waiver of attorney‑client privilege or any other privilege,” and that, if the privilege‑waiver requirement remains in effect and enforceable as of the rescission deadline, the superintendent will have no authority to accept 31aa funding. The resolution further preserves the board’s right to challenge the legality of any conditions imposed by MCL 388.1631aa or related administrative guidance.
The motion carried 4‑0. The resolution sets a procedural path the board can follow if the statutory or judicial landscape changes before the rescission deadline; it does not itself accept any funds or alter existing privileges.
