Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Education Policy topic
No spam. Unsubscribe anytime.
Gull Lake board conditionally opts in to state 31aa school safety funding, preserves right to rescind
Summary
The board authorized a conditional opt-in to Michigan's 31aa school safety funding Dec. 4, directing the superintendent to submit the opt-in to MDE while stipulating automatic rescission unless the Legislature or courts remove the statute's privilege-waiver requirement by Dec. 30, 2025.
At a Dec. 4 special meeting, the Gull Lake Community Schools Board of Trustees voted unanimously to authorize Superintendent Christopher Rundle, or a designee, to submit the district's "opt-in" form to the Michigan Department of Education to preserve eligibility for Fiscal Year 2025/26 31aa funding (established by Public Act 15 of 2025, State School Aid Act Section 31aa, MCL 388.1631aa), but only on a conditional basis.
The resolution — offered by Member Laura Zervic and supported by Member Desiree LaDuke — states that submission of the opt-in form shall not constitute a present waiver of attorney‑client privilege or other privileges. It directs that the conditional opt-in shall be automatically rescinded without further board action unless, on or before the Rescission Deadline (Dec. 30, 2025, 11:59 p.m.), either (a) the Legislature removes or amends the privilege‑waiver requirement so that acceptance of 31aa Funding would not require waiver of attorney‑client privilege, or (b) a court of competent jurisdiction rules the privilege‑waiver requirement unlawful or unenforceable. If neither event occurs, the superintendent is directed to notify MDE in the form and manner required that the district's opt-in is rescinded.
The resolution's preamble references ongoing litigation challenging the legality and enforceability of the privilege‑waiver requirement. The agenda notes the board met in closed session under Section 8(1)(h) of the Open Meetings Act, MCL 15.268(h), at 8:26 a.m. to consider an attorney‑client privileged matter and reconvened at 8:50 a.m.; the resolution was accepted after reconvening. The minutes record the motion to accept the resolution was moved by Treasurer Laura Zervic, supported by Vice President Desiree LaDuke, and adopted with all seven members voting aye.
The resolution also states that nothing in it should be construed as a waiver of privilege and that the board preserves its rights to challenge the legality or conditions imposed by MCL 388.1631aa or related administrative guidance. If the privilege‑waiver requirement is later removed or invalidated after the Rescission Deadline, the board may take further action to pursue 31aa funding consistent with applicable law.
