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School attorney: opting out retains privilege but forfeits Section 31 funds; appeal pending
Summary
Jeremy Chisholm, Monroe Public Schools'attorney, told the board that the district met the opt-out deadline and therefore retains attorney-client privilege but currently forgoes Section 31 funds; state court appeal is on an expedited calendar while federal action is paused pending state outcome.
Monroe Public Schools has opted out of the Section 31 funding conditions that would require waiving attorney-client privilege, board counsel Jeremy Chisholm said at the Jan. 13 meeting, which means the district retains privilege but does not receive the associated funds immediately.
Chisholm told the board that a state-court decision found it was within the state's authority to require waiver as a condition of funds, that an appeal was filed Dec. 19 and has been placed on an expedited calendar, and that the federal case has been put on hold pending the state litigation. "You are opted out, so you are still protected at this point in time," Chisholm said, and he cautioned that it may take a year or more for appeals to resolve. The superintendent added that Monroe County districts collectively returned roughly $3,000,000 by opting out, and urged local advocacy with state officials if districts wish to pursue legislative relief.
Chisholm said the cleanest way to change the outcome would be a legislative amendment removing the waiver requirement; he characterized judicial reversal as a long shot and recommended advocacy to the state legislature and State Board of Education while litigation is pending.
