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Forest Hills Board approves accepting 31aa safety funds despite privilege-waiver concerns

Forest Hills Board of Education · January 5, 2026
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Summary

After more than an hour of debate about legal risk and definitions of a "mass casualty," the Forest Hills Board of Education voted Dec. 30 to adopt a resolution to accept 31aa school-safety funding and the conditions described in the district's resolution.

The Forest Hills Board of Education voted Dec. 30 to adopt a resolution directing the district to accept 31aa school-safety funds under the limited conditions described in the resolution.

Superintendent Kirby told the board that the district "already received the funds. So we received the $1,400,000," and explained the legal trade-offs of accepting money tied to a privilege-waiver condition. Board members aired sharp concerns about surrendering attorney-client protections and about how an investigator would determine what information is "relevant" in a mass-casualty probe; others argued that the staffing and security measures funded by 31aa are already supporting students and staff today.

The resolution in the board packet waives privilege only "to the minimal extent legally required" for a comprehensive investigation of a mass casualty and limits the waiver in time to the 2526 state fiscal year unless law or court decisions change that requirement. Superintendent Kirby said the resolution also reserves the district's right to rescind the waiver immediately if a court or legislature alters the requirement.

After discussion the board took a roll-call vote and recorded assent from members present; the motion carried and the board adopted the resolution to accept 31aa funding. The district will now proceed to document how the money will be expensed in the coming fiscal period while monitoring appeals and any future changes in law.